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Terms and conditions |
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Skiline Booking Conditions
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. 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 make, provide or perform (as applicable). All references in these Booking Conditions to "holiday", "booking", "contract", "package", "tour" or "arrangements" mean such holiday arrangements. 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. Section A 1. Making your 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. 2. Payment 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 We both agree that English Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with under the ABTA Arbitration Scheme (if the Scheme is available for the claim in question - see clause 12 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 contract and any dispute, claim or other matter of any description which arises betorthween us governed by the law of Scotland/Nern Ireland as applicable (but if you do not so choose, English law will apply). 4. The cost of your Arrangements (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. 5. Changes by you 6. Cancellation by you 7. Insurance 8. Other Changes and cancellations 9. Force Majeure 10. Our Liability to you 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, in the event that we are found liable on any basis whatsoever our maximum liability to you if we are found to have been at fault in relation to any service we provide as agent for the supplier(s) concerned (as opposed to any service provided by the supplier(s)) 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. Complaints and problems. 12. ABTA Arbitration 13. Behaviour 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 or any member of your party behaves 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 booked a Package Holiday 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. 14. Conditions of suppliers 15. Special requests and medical problems We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as "standard" bookings subject to the above provisions on special requests. If you or any member of your party has any medical problem or disability which may affect your 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. 16. Activities and published information 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 (except where this concerns the services which will form part of any contract you have with us) or that any particular excursion or activity which does not form part of any contract you may have with us will take place as these services are not under our control. If you feel that any of the activities mentioned on our website which are not part of our contract are vital to the enjoyment of your holiday, write to us immediately and we will tell you the latest known situation. If we become aware of any material alterations to resort/area information and/or such outside activities which can reasonably be expected to affect your decision to book a holiday with us, we will pass on this information at the time of booking. 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. 17. Passports, visas and health requirements 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 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. If failure to have any necessary travel or other documents results to fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly. 18. Accuracy of Prices and other published details 19. Delay 20. Safety standards 21. Ratings System Section B If you have booked a "package holiday" with us (see definition below) 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 Bookings". 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. A "package holiday" is a pre-arranged combination of at least two out of 1. Changes and Cancellations to your Package Booking 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 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. 2. Our Liability for your Package Booking (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. (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. (e) As set out in these booking conditions we limit the maximum amount we may have to pay you for any claims you may make against us. 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 2(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 2 (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, rail or road carrier or any stay in a hotel, 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 or hotel keeper concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or for Flight Suppliers 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, the Berne Convention for international travel by rail). Please note: Where a carrier or hotel 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 transport provider or hotelier 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. (h) You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 11 of Section A. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred. 3. Flights In accordance with EU Regulations we are 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 as a result of which a suitable alternative is not available the provisions of Section B clause 1 "Changes and cancellations to your Package Booking" will apply. 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.
4. Financial Security ©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". |
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