PLEASE SEE SEPARATE BOOKING CONDITIONS IF YOU ARE PURCHASING A PACKAGE HOLIDAY WHERE SKI LINE LIMITED ACT AS TOUR OPERATOR. THESE MAY BE FOUND ON THE RELEVANT HOLIDAY PAGES AND YOU WILL ALSO BE PROVIDED WITH A COPY AT THE TIME OF BOOKING YOUR HOLIDAY
Skiline Booking Conditions
The following Booking Conditions together with the General Information contained on our website form the basis of your agreement with Ski Line Limited trading as Skiline 131 Edgware Road, London W2 2AP (“Skiline”, “we”, “us” and “our”). Please read them carefully as they set out our respective rights and obligations.
These Booking Conditions only apply to holiday arrangements which you book with us in the UK and which we agree to book, make, provide or perform (as applicable). All references in these Booking Conditions to "holiday", "booking", "contract", "package", "tour" or "arrangements" mean such holiday arrangements. References to “you” and “your” means all persons named on a booking (including the party leader and anyone who is added or substituted at a later date) or any of them as the context requires.
Please note: We act only as agents for the suppliers of the holiday arrangements featured on our website and/or which you book with us. Your contract for the arrangements you have booked will be with the supplier(s) of those arrangements and not us except as stated in Section B below. The relevant supplier's(s') terms and conditions will apply to that contract, copies of which are available on request.
The terms and conditions set out in Section A apply to all bookings made with or through us (including Package Bookings). If you make a Package Booking (see Section B), the terms and conditions set out in Section B will also apply. In the event of any conflict or difference between Sections A and B, the relevant provision(s) of Section B will apply.
1. Making your booking
To make a booking, you may telephone our reservation department on 020 8313 3999 or book online. The person making the booking will be deemed to be the party leader. The party leader must be at least 18 and must be authorised to make the booking on the basis of these Booking Conditions by all persons named on the booking. In making the booking the party leader confirms that he/she is so authorised. All bookings are subject to these Booking Conditions. The party leader is responsible for making all payments due to us. The payments specified in clause 2 must be made at the time of booking.
Once we have received your booking and all appropriate payments, we will, subject to availability, confirm your arrangements on behalf of the supplier(s) concerned by issuing a confirmation invoice. This invoice will be sent 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. Please note that we cannot accept any responsibility for any errors in any documentation except where those errors where made by ourselves. Additionally we regret we cannot accept any liability if we are not notified of any inaccuracy in any document within 14 days of our sending it out (5 days for tickets). Please note: for late bookings i.e. bookings made within 14 days of departure we cannot accept any liability if we are not notified of any inaccuracy in any document (including tickets) immediately.
In order to confirm your chosen arrangements, a deposit per person must be paid at the time of booking. Full details of the applicable deposit will be given at the time of booking. In some cases, if you book within a certain number of weeks of departure or depending on the type of booking you make e.g. flight only, you may have to pay the full cost of the holiday/flight at the time of booking.
The balance of the cost of your arrangements must be received by us by the date stated on your confirmation invoice. Reminders are not sent. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we reserve the right to treat your booking as cancelled by you on behalf of the suppliers concerned. In this case the cancellation charges set out in clause 6 below will be payable.
Please note: All payments made by credit card are subject to a 2.5% charge for Visa and Mastercard and 4% for American Express. Should the costs to us increase for payments made by this method we reserve the right to increase this charge at any time.
3. Your contract
When we confirm your booking, a legally binding contract between you and the suppliers of your confirmed arrangements (or between you and us for all Package Bookings as referred to in section B below) comes into existence.
Your contract(s) with the supplier(s) will be subject to the law referred to in the supplier’s(s’) terms and conditions. Any dispute, claim or other matter which arises between you and any supplier must also be dealt with in accordance with those terms and conditions.
In the event that any dispute, claim or other matter of any description arises between you and Skiline acting in our capacity as agent (“claim”), English law will apply (except as set out below). Any such claim must be dealt with under the ABTA arbitration scheme (if the scheme is available for the claim in question - see clause 13 of this section A) 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 must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
4. The cost of your arrangements
(a) We and suppliers reserve the right to make changes to and correct errors in both advertised and confirmed prices at any time before your booking is confirmed. We will advise you of any error of which we are then aware and of the then applicable price at the time of booking. Please note changes and errors occasionally occur. You must check the price of your holiday at the time of booking.
(b) As we act as agent only for the supplier(s) of your confirmed arrangements we reserve the right to pass on to you in full at any time all costs and charges of whatever nature imposed by the supplier(s) concerned in accordance with the supplier's own terms and conditions (including any increase in the cost of your arrangements where applicable).
5. Changes by you
Should you wish to make any changes to your confirmed arrangements, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee any such requests will be met. Where they can be met, an amendment fee of £25 per person/per booking will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of the suppliers of your confirmed arrangements.
6. Cancellation by you
Should you need to cancel your chosen arrangements once they have been confirmed, the party leader must immediately advise us in writing and by recorded delivery. Your notice of cancellation will only be effective when it is received in writing by us. If you do cancel, the applicable cancellation charges will be those imposed by the supplier(s) of your confirmed arrangements. Please see the supplier's(s') own terms and conditions or ask at the time of booking for further details. Please note - amendment charges are not refundable in the event of the person(s) to whom they apply cancelling. 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.
You must ensure that each member of your party has adequate travel insurance. Please read your policy details carefully and take them with you on your holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs, including all winter sports / activities which you may wish to take part in. Please note that the link provided on our website to Columbus Direct is for your ease of reference only and is not a recommendation as we are not qualified or authorized to recommend insurance providers or insurance policies.
8. Other Changes and cancellations
Except as set out in section B below if there is a change to or cancellation of your booking we will pass on the new details to you together with any compensation that the supplier(s) of your affected arrangements may offer. As agent only for the supplier(s) of your confirmed arrangements we cannot accept any liability for any changes or cancellations made to your booking.
9. Force Majeure
Except where otherwise expressly stated in these Booking Conditions, neither the suppliers nor Skiline can accept liability or pay any compensation where the performance or prompt performance of our contractual obligations or those of any supplier is prevented or affected by or you otherwise suffer any expense, damage or loss of any nature whatsoever as a result of "force majeure". In these Booking Conditions, "force majeure" means any event which we or the supplier of the arrangements in question could not, even with all due care, foresee or avoid. Such events may include, whether actual or threatened, war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control or the control of the relevant supplier(s).
10. Our Liability to you
Please note: Please note: clause 10 applies to all bookings made with or through Skiline except those referred to in section B below.
We act only as an agent for the suppliers of your confirmed arrangements. Your contract for your confirmed arrangements is directly with the suppliers concerned. We accept no liability in relation to the arrangements themselves or for the acts or omissions of the suppliers concerned. The terms and conditions of the suppliers of your confirmed arrangements will apply to your contract (copy available on request).
However, if we are found to have been at fault on any basis in relation to any service we provide as agent for the supplier(s) concerned (as opposed to any service provided by the supplier(s) or the arrangements themselves), our maximum liability is limited to twice the cost of the booking in question. We do not exclude or limit any liability for death or personal injury which arises as a result of our negligence or that of our employees whilst acting in the course of their employment.
11. Flight-Plus arrangements
If you book a flight with us and on the same day, the day before or day after, you also book accommodation and/or car hire with us, a Flight-Plus will be created of which we will be the arranger. Your Flight-Plus includes, as applicable, the flight(s), accommodation, car hire and any other tourist services (providing these form a significant part of the arrangements) which are booked through us within this period of time. Your Flight-Plus will be protected by our ATOL. When you buy an ATOL protected flight or flight inclusive holiday from us, you will receive an ATOL Certificate. This lists the flight, accommodation, car hire and/or other services that are financially protected, where you can get information on what this means for you and who to contact if things go wrong. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). Please note, a Flight-Plus is not a Package Booking unless the definition in Section B has been satisfied. Unless the Flight-Plus is a Package Booking, our responsibilities are limited to those specifically imposed on the arranger of a Flight-Plus.
12. Complaints and problems
In the unlikely event that you have any reason to complain or experience any problems with your arrangements whilst away, you must immediately inform our representative (if there is one) and the supplier of the arrangements(s) in question. Any verbal notification must be put in writing and given to our representative (if there is one) and the supplier as soon as possible. Until we know about a problem or complaint, we or the supplier cannot begin to resolve or to assist in resolving it. Most problems can be dealt with quickly. If you remain dissatisfied, you must write to us within 28 days of your return to the UK giving your booking reference and full details of your complaint. Please note that if you fail to follow this simple complaints procedure, your right to claim any compensation you may otherwise have been entitled to may be affected or even lost as a result.
13. ABTA and ABTA arbitration
Disputes arising out of, or in connection with your booking which cannot be amicably settled may be referred to arbitration if you so wish under a special scheme arranged by ABTA Ltd and administered independently. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com). 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. 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 £1,500 on the amount the arbitrator can award per person in respect of this element. Your application for arbitration and other required documents must be received by ABTA within 18 months of your return from the holiday. Outside this time limit arbitration under the scheme may still be available if we agree, although the ABTA Code does not require such agreement. For injury and illness claims, you can request the ABTA mediation procedure and we have the option to agree to this. Where we act as agent, please bear in mind that your contract is with the supplier of the arrangements concerned. Unless the supplier is also a member of ABTA, only disputes relating to our actions as agent can be dealt with by the arbitration scheme or mediation procedure and not complaints about the arrangements themselves or the acts / omissions of the supplier.
ABTA and ABTA members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. For further information about ABTA, the Code of Conduct and the arbitration scheme, contact ABTA at 30 Park Street, London, SE1 9EQ or see www.abta.com
When you book with or through us, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss must be paid direct at the time to the supplier(s) in question. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party's full legal costs) as a result of your actions.
We expect all clients to have consideration for other people. If in the reasonable opinion of any person in authority (for example the supplier of your confirmed arrangements), you behave in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, the person in authority is entitled, without prior notice, to terminate the arrangements of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. If you have made a Package Booking, we will have the same entitlements as any person in authority. In all cases we and the supplier(s) concerned will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we and the supplier will not pay any expenses or costs incurred as a result of the termination.
15. Conditions of suppliers
For all bookings, the services which make up your arrangements 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. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
16. Special requests and medical problems
If you have any special request, you must advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier(s), we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract. Confirmation that a special request has been noted or passed on to the supplier(s) 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.
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 have any medical problem or disability which may affect your arrangements, 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 or whenever the problem or disability develops, if later. If we or the supplier of the service in question 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.
17. Activities and published information
The information contained on our website or given by us to you is correct to the best of our knowledge at the time of the being placed on our website /when it is given to you. We may provide you with information (on our website/verbally 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 any 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 and the acceptance of liability contained in clause 10 above or clause 2 of Section B of our Booking Conditions will not apply to them. 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 or that any particular excursion or activity will take place as these services are not under our control.
Where we make or take any booking for or from you in respect of any activity or excursion, we do so solely as booking agent. This is the case regardless of whether the activity is advertised or mentioned in resort, on our website or elsewhere. Your contract for any such activity or excursion will be with the supplier or operator of that activity or excursion. Skiline has no liability for any such activity or excursion or for any act(s) or omission(s) of the supplier or operator or for any of its/their employees or agents or any other person(s) connected with the activity or excursion. If we are found liable in any respect for any such activity or excursion (for example in our capacity as booking agent), that liability is limited to the cost of the particular activity or excursion concerned. We do not limit or exclude our liability for death or personal injury arising from our negligence.
18. Passports, visas and health requirements
British citizens require a full British passport to travel on the holidays we feature. Information about British passports can be found at www.ukpa.gov.uk. A full British passport presently takes approximately 3-6 weeks to obtain. Requirements may change and you must check the up to date position in good time before departure. If you are 16 or over and haven't yet got a passport, you should apply for one at least 6 weeks before your holiday. The UK Passport Service has to confirm your identity before issuing your first passport and will ask you to attend an interview in order to do this. If you or any member of your party is not a British citizen or holds a non British 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.
Details of any compulsory health requirements applicable to British citizens for your holiday can be found on www.fitfortravel.nhs.uk It is your responsibility to ensure you are aware of all recommended vaccinations and health precautions in good time before departure. Information on health is contained in the Department of Health leaflet T7 (Health Advice for Travellers) available from the Department of Health by telephone on 0870 1555455 or via its website www.dh.gov.uk and from most Post Offices. For holidays in the EU / EEA you should obtain an EHIC (European Health Insurance Card) prior to departure from the Department of Health (see leaflet T7 and the website www.dh.gov.uk). Health requirements and recommendations may change and you must check the up to date position in good time before departure.
It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure. 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 are not a British citizen or holds a non British passport, you must check passport and visa requirements with the embassy or consulate of the country(ies) to or through which you are intending to travel. If failure to have any necessary travel or other documents results to fines, surcharges or other financial penalty being incurred by or imposed on us, you will be responsible for reimbursing us accordingly.
19. Accuracy of prices and other published details
Please note, the published information, photographs and prices may have changed by the time you come to book your arrangements. Whilst every effort is made to ensure the accuracy of such information, photographs and prices at the time of being placed on our website/given to you, regrettably changes and errors do occasionally occur. Unless specifically stated otherwise photographs of accommodation are intended to give a general impression of the accommodation only and will not necessarily be the same as the room(s) you wish to/have booked. You must therefore ensure you check all details of your chosen arrangements (including the price) with us at the time of booking.
We regret we are not in a position to offer you any assistance in the event of delay at your outward or homeward point of departure. Any airline concerned may however provide refreshments etc.
21. Safety standards
Please note, it is the requirements and standards of the country in which any services which make up your arrangements 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.
22. Ratings system
The ratings used by us on our website or elsewhere to describe accommodation are not necessarily official ratings. Rather they may simply be ratings which we or a particular supplier have devised to reflect our/their opinion of the accommodation and other services we/they feature. Please bear in mind that different suppliers use different ratings systems and opinions can and do vary.
In accordance with EU Directive (EC) No 2111/2005, we are required to bring to your attention the existence of a "Community list" which contains details of air carriers who are subject to an operating ban within the EU. The Community list is available for inspection at http://europa.eu.int/comm/transport/air/safety/flywell_en.htm.
We are also required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible.
If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above and a suitable alternative cannot be offered, you will be entitled to cancel your flight booking.
We are not always in a position at the time of booking to confirm the flight timings which will be used in connection with your flight. The flight timings shown on our website and/or detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time.
Specific instructions relating to departure and travel arrangements will be sent with your air or other travel tickets approximately 2 weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been despatched - we will contact you as soon as possible if this occurs. In any event, you must reconfirm your flight times 48 hours prior to departure for all flights. If you do not receive your tickets approximately two weeks prior to departure, please contact us immediately unless informed otherwise at the time of booking.
Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions
A "package holiday" is a pre-arranged combination of at least two out of
(b) accommodation or
(c) other tourist services not ancillary to any transport or accommodation and forming a significant part of the arrangements where the arrangements making up this combination are booked through us at the same time at an inclusive price and which last at least 24 hours or include overnight accommodation. If you have booked a "package holiday" with us and that whole package holiday has not been supplied by another single supplier then once your booking has been confirmed (by the issue of our confirmation invoice to you or your travel agent) you will have a contract with us for that package holiday and we will accept responsibility for the package holiday in accordance with these Booking Conditions as an "organiser" under the Package Travel, Package Holidays and Package Tours Regulations 1992. All bookings in respect of which we accept responsibility as organiser are referred to below as "Package Booking(s)". The terms set out in both Section A and Section B apply to all Package Bookings except where otherwise expressly stated. If you have not made a Package Booking only the terms in Section A will apply to your booking.
Please note, we do not generally sell package holidays. For the avoidance of doubt, the component parts must be booked with us in combination at the same time and at an inclusive price for a package to exist.
1. The cost of your Package Booking
(a) Once the price of your chosen holiday has been confirmed at the time of booking, then subject to the correction of errors, we will only increase or decrease the price in the following circumstances. Price increases or decreases after booking will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, in the event of any change in our transportation costs or in dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or airports.
(b) Even in the above cases, only if the amount of any increase in our costs exceeds 2% of the total cost of your holiday (excluding any amendment charges) will we levy a surcharge. If any surcharge is greater than 10% of the cost of your holiday (excluding any amendment charges), you will be entitled to cancel your booking and receive a full refund of all monies you have paid to us (except for any amendment charges) or alternatively purchase another holiday from us as referred to in clause 2 “Changes and cancellations to your Package Booking”.
(c) Where applicable, you have 14 days from the issue date printed on the surcharge invoice to tell us if you want to choose option (b) or (c) as set out in clause 2 below. If you do not tell us that you wish to choose either of these options within this period of time, we are entitled to assume that you do not wish to do so and will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later. A refund will only be payable if the decrease in our costs exceeds 2% of the total cost of your holiday as set out above. Where a refund is due, we will pay you the full amount of the decrease in our costs. We promise not to levy a surcharge within 30 days of departure. No refund will be payable if any decrease in our costs occurs during this period either.
2. Changes and cancellations to your Package Booking
There may be times when we have to make changes to and correct errors in published and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.
Most changes are minor. Occasionally, we have to make a "significant change". "Significant changes" 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 time you are away of twelve or more hours, or a change of UK departure point to one which is more inconvenient for you (except between airports within or around the same city for example London Gatwick and Stansted Airports.).
If we have to make a significant change to or cancel your Package Booking, 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 or
b. purchasing alternative arrangements from us, of a similar standard to that originally booked if available. We will offer you at least one alternative holiday of equivalent or higher standard for which you will not be asked to pay any more than the price of the original holiday. If this holiday is in fact cheaper than the original one, we will refund the price difference. If you do not wish to accept the holiday we specifically offer you, you may choose any of our other then available holidays. You must pay the applicable price of any such holiday. This will mean your paying more if it is more expensive or receiving a refund if it is cheaper
c. cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.
Please note, the above options are not available where any change made is a minor one. You must tell us which option you wish to choose within 7 days of our offering it to you. If you fail to do so we will assume that you wish to accept the change or cancellation.
If we have to make a significant change to or cancel a Package Booking 56 days or less before departure we will as a minimum pay you the compensation set out below depending on the circumstances and when the significant change or cancellation is notified to you subject to the following exceptions. 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 make a significant change or cancel more than 56 days before departure or 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).
Period before departure a significant change Compensation per person or cancellation is notified to you (excluding infants)
56-43 days £10
29-42 days £20
15-28 days £25
0-14 days £30
Very rarely, we may be forced by "force majeure" (see clause 9) to change or terminate your Package Booking after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
3. Our Liability for your Package Booking
(a) Where you have made a Package Booking we promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
(b) 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 :-
(c) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, (1) any additional services or facilities which your hotel or any other supplier of a service which forms part of your contracted holiday with us agrees to provide for you where the services or facilities are not advertised on our website and we have not agreed to arrange them (2) any excursion you purchase in resort (3) any service which you book via a website linked or framed by ours (even where we receive any payment in relation to that booking) or (4) any service which does not form part of your contracted holiday arrangements with us. Please also see Section A clause 15 "Excursions Activities and Website Information". In addition, regardless of any wording used by us on our website, or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
- the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
- the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or
- 'force majeure' as defined in Section A clause 9 above.
(d) 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. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the holiday in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 3(a) above. We do not make any representation or commitment that all services will comply with applicable local laws and regulations and failure to comply does not automatically mean we have not exercised reasonable skill and care.
(e) Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £1000 per person affected unless a lower limitation applies to your claim under this clause or clause 3(f) below. For all other claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 3(f) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
(f) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or regulation applies, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay under the international convention or regulation which applies to the travel arrangements in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or for carriers with an operating license granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens Convention for international travel by sea (as amended by the 2002 protocol with effect from 31st December 2012, COTIF, the Convention on International Travel by Rail). Please note: Where a carrier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money, which you have received or are entitled to receive from the carrier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request.
(g) 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 including self employed loss of earnings.
4. Financial Security
We are a member of ABTA (ABTA number Y3317). If your Package Booking does not include flights, ABTA will ensure that you are returned to the point where your contracted arrangements with us commenced and will arrange to refund any money you have paid to us for an advance booking. Please go to www.abta.com for a copy of the guide to ABTA’s scheme of Financial Protection. We also hold an Air Travel Organiser's Licence issued by the Civil Aviation Authority (ATOL number 7018). When you buy an ATOL protected flight or flight inclusive holiday from us, you will receive an ATOL Certificate. This lists the flight, accommodation, car hire and/or other services that are financially protected, where you can get information on what this means for you and who to contact if things go wrong. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).Please note: Not all holiday or travel services offered and sold by us will be protected by the ATOL scheme/our ATOL.
5. Your contract
English law will apply to your contract and to any dispute, claim or other matter of any description which arises between you and Skiline (except as set out below) (“claim”). Any claim (and whether or not involving any personal injury) must be dealt with under the ABTA arbitration scheme (if the scheme is available for the claim in question - see clause 13 of section A) 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 must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
©MB Solicitors Limited of Studio 3, The Quays, Concordia Street, Leeds LS1 4ES , telephone number 0113 2424444. Ref: CGI. All copies of these conditions must include the words "© MB Law".