Terms and Conditions - Japan Ski Experience

 

Booking Terms and Conditions 2018-19

 

The following Booking Conditions together with our privacy policy and, together with any other written information we brought to your attention before we confirmed your booking govern your booking with Japan Ski Experience Limited, a company registered in England with company no: 08015157, VAT number: 119 3175 20 and registered office address of 8th Floor Becket House, 36 Old Jewry, London, England, EC2R 8DD, (“we” “us” and “our”). Please read them carefully as they set out our respective rights and obligations. References to "you" and "your" in these Booking Conditions mean all persons named on the booking (including anyone who is added or substituted at a later date) or any of them.

References to “Travel Arrangement(s)” in these Booking Conditions are to the accommodation, transport, activities, excursions and other services we feature on our website. References to “Supplier/Principal” means the third party supplier of the Travel Arrangements including but not limited to accommodation providers, transfer providers, car hire companies, tour operators and attraction providers.

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that he/she:

a) has read these Booking Conditions and has the authority to and does agree to be bound by them;

b) consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable, special categories of data (such as information on health conditions or disabilities and dietary requirements);

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

d) accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

Please Note: We act only as an agent in respect of all bookings we take and/or make on your behalf. However, where you are resident in the UK/EEA and make a booking of multiple Travel Arrangements in such a way as to create a package holiday, we will accept responsibility for that as a “Multi-Contract Package” in accordance with the Package Travel and Linked Travel Arrangements Regulations 2018 (please see clause 25 below for further information as to the circumstances in which we will be acting as a Package Organiser).

As a result of the above, our obligations to you may vary depending upon which Travel Arrangements you book with us, and whether you book a “Single Component Booking” or a “Multi-Contract Package” and we have tried to set them out below as clearly as possible:

(A) Section A contains the conditions that will apply to all bookings you make with us;

(B) Section B sets out the additional terms and conditions that will apply when you make a booking with us for a Multi-Contract Package and applies to customers resident in the UK/EEA only.

 

SECTION A – APPLICABLE TO ALL BOOKINGS

 

1. Your Contract

When making your booking we will arrange for you to enter into a contract with the applicable Supplier/Principal of the Travel Arrangements, as specified on your confirmation invoice. Your booking with us is subject to these Booking Conditions and the specific terms and conditions of the relevant Supplier/Principal(s) you contract with and we advise you to read both carefully prior to booking. The Supplier/Principal’s terms and conditions may limit and/or exclude the Supplier/Principal's liability to you. Copies of applicable conditions are available on request from us.

Your booking is confirmed and a contract between you and the Supplier/Principal will exist for the applicable Travel Arrangements when we send you confirmation on their behalf.

RESORT SERVICES:

The term 'Resort Services' applies to but is not limited to Transfers, Lift Passes, Equipment Rental, Lessons, Mountain Guiding, Concierge, Excursions and Tours and Winter Activities. You may be invited to reserve Resort Services at the time of booking your accommodation or other Travel Arrangements, or to add them later, following which they will be itemised in your booking confirmation and / or listed on your 'Manage my Booking' page. However Resort Services will not be considered confirmed items within your Booking Contract until payment has been received, 'Information Required' fields have been completed on your 'Manage my Booking' page where applicable, and confirmation of availability has been received from the Supplier/Principal. Until the above steps have been completed, Resort Services will be listed as 'Unconfirmed' items on your 'Manage my Booking' page. Once the above steps have been completed, they will be listed as 'Confirmed', and can only then be considered confirmed items included within your booking.

As an agent we accept no responsibility for the acts or omissions of the Supplier/Principal or for the Travel Arrangements provided by the Supplier/Principal, unless we have sold those Travel Arrangements in such a way as to create a Multi-Contract Package (please see clause 25 for further information), in which case we will accept responsibility for those Travel Arrangements in accordance with Section B of these Booking Conditions.

 

2. Booking

When you make a booking, you will have the opportunity to review/confirm all the details of the booking before making payment. Once you have reviewed and confirmed these details and made payment, we will proceed to make the booking with the Supplier/Principal.

Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. Any changes to these details will incur the charges stated below. Please ensure that the names given are the same as in the relevant passport. The booking information that you provide to us will be passed on only to the relevant Supplier/Principal of your Travel Arrangements or other persons necessary for the provision of your Travel Arrangements. The information may be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any special category (sensitive) information that you give to us such as details of any disabilities, or dietary and religious requirements. In making this booking, you consent to this information being passed on to the relevant persons. Certain information may also be passed on to security or credit checking companies. Please note that with travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements within the EEA. If we cannot pass this information to the relevant Supplier/Principals, we will be unable to provide your booking. Please click here for full details of our privacy policy: https://www.japanskiexperience.com/info/privacy.aspx.

 

3. Law & Jurisdiction

We are an English registered company (No. 08015157). We are based within the United Kingdom and as such we are governed by English laws. These Booking Conditions are governed by English law and we both agree that the courts of England and Wales have exclusive jurisdiction over any dispute, claim or other matter which may arise between us, regardless of where in the world you are resident. We shall comply with English law and regulations so far as they affect our activities under this Agreement in relation to your booking. However, please note that the Package Travel and Linked Travel Arrangements Regulations 2018 and the rights thereunder apply to bookings made by customers resident in the United Kingdom (UK) and European Economic Area (EEA) only.

 

4. Payment

In order to book your chosen Travel Arrangements, you must pay a deposit or full payment as requested at the time of booking.

If you have paid a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will inform the Supplier/Principal(s) who may cancel your booking and charge the applicable cancellation fees (as set out in the Supplier/Principal’s terms and conditions), and we also reserve the right to charge an administration fee of £35 per person.

Except where otherwise advised or stated in the terms and conditions of the Supplier/Principal concerned, all monies you pay to us for Travel Arrangements will be held on behalf of the Supplier/Principal concerned.

You can make payment by Credit Card or bank transfer. If opting to pay by bank transfer you will be required to confirm that the bank transfer has been fully arranged according to the instructions provided, prior to your booking being confirmed, and that you have understood that the validity of your booking is subject to successful completion of the bank transfer and receipt of funds by Japan Ski Experience. Until funds have been successfully received your booking remains subject to their receipt and the offer to provide the services detailed within your booking can be withdrawn at any time. If payment is arranged by Credit Card then successful processing at the time of booking constitutes an acknowledgement by Japan Ski Experience that funds have been received unless we contact you within one week to inform you that the payment was not successfully processed. If payment is arranged by Bank Transfer then we will contact you to confirm receipt of payment when it arrives in our account and until this time payment should not be considered received. In the unlikely event that we are unable to confirm the accommodation described we reserve the right to offer an alternative, and if this is not acceptable to you refund your deposit within one week of sending your confirmation.


5. Accuracy

We endeavour to ensure that all the information and prices both on our website and in any advertising material that we publish are accurate, however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the Travel Arrangements that you wish to book before you make your booking.

 

6. Prices

We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen Travel Arrangements at the time of booking.

Where you have booked a Multi-Contract Package, additional terms and conditions apply, please see clause 26 for further information.

 

7. Insurance

It is a condition of booking with Japan Ski Experience that every customer has adequate travel insurance cover. Japan Ski Experience strongly advises you to take out a travel insurance policy which provides adequate cover in the event that you have to cancel your booking, and in the event that your booking has to be cancelled or changed as a result of force majeure. In the case of bookings for ski lessons, guiding, snowmobiling etc. it is your responsibility to ensure that your travel insurance policy provides adequate cover for the activity you will engage in.

If you choose to travel without adequate insurance cover, neither the Supplier/Principal nor Japan Ski Experience will be liable to you for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

 

8. Special Requests

Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. We will pass your request on to the Supplier/Principal but we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the Supplier/Principal is not confirmation that the request will be met.

 

9. Fitness to Travel and Medical Conditions

We are not a specialist disabled holiday company but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your trip, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen Travel Arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in your chosen tour.

Acting reasonably, if the Supplier/Principal is unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking on the Supplier/Principal’s behalf or, if you did not give us full details at the time of booking, we will inform the Supplier/Principal who may cancel it and impose applicable cancellation charges, when we become aware of these details.

 

10. Changes and Cancellations by You

Any cancellation or amendment request must be sent to us in writing, by email to info@japanskiexperience.com, and will take effect at the time we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that the Supplier/Principal will meet such requests. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier/Principal of your Travel Arrangements. The Supplier/Principal may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the Travel Arrangements and will normally increase closer to the date of departure). In addition, we reserve the right charge an administration fee of £35.00 per person per booking for any amendments to bookings and an administration fee of £35 per person for cancellations. We will notify you of the exact charges at the time of amendment or cancellation.

Please note: some Supplier/Principals do not allow changes and therefore full cancellation charges will apply.

 

11. Changes and Cancellations by the Supplier/Principal

We will inform you as soon as reasonably possible if the Supplier/Principal needs to make a significant change to your confirmed Travel Arrangements or to cancel them. We will also liaise between you and the Supplier/Principal in relation to any alternative travel arrangements offered by the Supplier/Principal but we will have no further liability to you.

Where you have booked a Multi-Contract Package, additional terms and conditions apply to your booking, please see clause 25 for further details.

 

12. Complaints

If you have a problem with your Travel Arrangements whilst using them, this must be reported to the Supplier/Principal immediately. If you fail to follow this procedure there will be less opportunity for the Supplier/Principal to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.

If you wish to complain when you return home, write to the Supplier/Principal. You will see their name and contact details in the travel documents we send you.

If you remain unsatisfied, you can inform us, via e-mail at info@japanskiexperience.com as soon as possible and, in any event, within 28 days of your return home whereby we will endeavour to assist in our capacity as an agent by liaising with the Supplier/Principal on your behalf.

UK/EEA Customers only: You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.

 

13. Our Responsibility for your Booking

Your contract is with the Supplier/Principal and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the Travel Arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the Travel Arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission we earn on your booking (or the appropriate proportion of this if not everyone on the booking is affected).

We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.

Please Note: Where you have booked a Multi-Contract Package we will accept responsibility for that Multi-Contract Package as a package organiser and additional terms and condition apply. Please see clause 26 for further information.

 

14. Force Majeure

Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.

 

15. Visa, Passport and Health Requirements

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

Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Japanese Embassy in your country of residence.

All travellers should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.

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

Japan currently has no compulsory immunisation requirements, however please check with your local doctor before you travel whether you need to receive vaccinations in order to visit Japan.

Deep Vein Thrombosis

Deep Vein Thrombosis (DVT) is a serious condition where blood clots develop in the deep veins of the legs. Prolonged immobility such as on a long haul flight is generally thought to be the greatest risk factor. A wide range of advice is available on DVT, for example most passengers can reduce risks through keeping circulation active by practicing in-seat exercises, especially leg exercises, walking around wherever possible, avoiding drinks containing alcohol or caffeine and drinking plenty of water. Flight socks which are designed to improve blood circulation can also be used. More comprehensive advice, including the symptoms of a DVT, can be found on the UK Department of Health's website (www.dh.gov.uk). If you have any concerns about the risks you should consult your doctor before you travel.

 

16. Accommodation Ratings and Standards

All ratings are as provided by the relevant Supplier/Principal. These are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given.

We also allow past customers to leave reviews on our website. These reviews do not reflect the opinion of Japan Ski Experience and we cannot guarantee the accuracy of these reviews.

 

17. Documentation & Information

All descriptions and content on our website or otherwise issued by us is done so on behalf of the Supplier/Principal in question are intended to present a general idea of the services provided by the Supplier/Principal. Not all details of the relevant services can be included on our website. All services shown are subject to availability. If you require any further details, in respect of any Travel Arrangements or any other services please contact us.

 

18. Foreign Office Advice

You are responsible for making yourself aware of Foreign Office advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure (see clause 14).

 

19. Your Behaviour

You are expected to conduct yourself in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in the Supplier/Principal’s opinion or in the opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, the Supplier/Principal reserves the right to terminate your booking immediately with no further liability to you. You and/or your party may also be required to pay for loss and/or damage caused by your actions and you and each member of your party will be jointly and individually liable for any damage or losses caused. Full payment for any such damage or losses must be paid directly to the Supplier/Principal prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us because of your actions together with all costs we incur in pursuing any claim against you.

We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

 

20. Health & Safety

20.1 Natural Disasters

Japan is prone to natural disasters including earthquakes, tornadoes, tsunamis and volcanic eruptions, but is generally considered a safe place for travel. As of 1st March 2018 the UK Foreign Office have no travel restrictions in place. For current advice please see: https://www.gov.uk/foreign-travel-advice/japan.

20.2 Winter Sport Dangers

Any winter sport involves risks including physical injury and in extreme cases, death. Additional features such as snowmobiling and backcountry tours may incur an increased level of risk. The qualifications required of backcountry instructors, guides, or other winter sport service providers in Japan may be lower than in other countries. It is your own choice to accept any associated risks when you book. Subject to clause [xx], Japan Ski Experience does not accept liability for winter sports accidents under any circumstances, regardless of whether Japan Ski Experience acted as agent in the booking of that service.

20.3 Off-piste

Any off-piste sport involves a heightened risk of physical injury, and in extreme cases death, due to avalanches, obstacles such as trees, uneven terrain etc. It is the guest’s own choice to accept these risks when they venture off-piste and Japan Ski Experience cannot accept liability for any accidents that occur.

20.4 Mountain Orientations

If Japan Ski Experience offers you a Mountain Orientation, please be aware that this will be carried out by a resort representative. He/she is not a qualified instructor or a Mountain Guide but will accompany you to help you become familiar with the resort. You have chosen to ski with our representative in full knowledge that he/she will not assess your skiing ability or take responsibility for your safety. You are responsible for your own safety, and you must be aware of the safety of other group members. You must ensure that your equipment is in good working order and that you are suitably clothed and equipped for a day’s skiing/snowboarding. You should assess independently what ski runs you wish to ski on and only ski on runs which you feel confident.

20.5 Dietary Precautions

Usually, Japan's standards of cleanliness and food hygiene are of high standard and risk of disease is low. Tap water is commonly drunk throughout the country and food which is vastly different from that consumed in the UK, such as raw fish and meat, are generally considered safe to eat. Nevertheless, any change in lifestyle and eating or drinking habits can lead to adverse health reactions, particularly Gastro-enteritis (diarrhea). To avoid these, it is advised that you acclimatise gradually to local foods and water. If you experience any form of illness whilst on holiday, health advice should be sought immediately.

20.6 Physical Condition

Risk of bodily injury or strain through strenuous activity is high if you are not in good physical condition. It is therefore advised that prior to skiing you should ensure you are in good physical shape and always warm up before exercising. If you experience physical discomfort or pain, this constitutes a warning signal that should prompt you to slow down, change or stop the action which causes discomfort or pain as soon as this condition arises. If in doubt, medical advice should be sought immediately.

20.7 Illness Abroad

If for any reason you feel unwell, suffer unusual symptoms or physical discomfort you should seek medical advice immediately. If you have concerns about any medical condition or feel unwell before you travel, you should consult your doctor.

20.8 Your Possessions

While the crime rate in Japan is low, there is always a risk your possessions, including money and passports, could be lost or stolen. Do not travel with unnecessary valuables or jewellery. Never leave valuables, important documents or jewellery unsupervised in your room. At all times it is your responsibility to take precautions to ensure your possessions are safe.

 

21. Children

Japan Ski Experience offers many choices of accommodation and services which are suitable for children however, we cannot accept liability for the suitability of accommodation or other services booked for children or families. A number of Japan's ski resorts are family oriented and there are many activities such as sledging and horse riding that you can enjoy as a family.

 

22. Snow Conditions

Much has been said of Japan's superb powder snow conditions, and this is based on actual snow depths and observations made by skiers and snowboarders worldwide. We believe Japan to be one of the most reliable destinations for great snow conditions, but of course, this can never be guaranteed. Japan Ski Experience accepts no liability for snow or other weather conditions, or for the resort closing its lifts for any reason.

If you would like to review detailed information regarding historical snow conditions in Japan’s ski resorts, we recommend checking the daily reporting, by month, which has been conducted by ‘Snow Japan’ since 2002 in Niseko and Hakuba. You can find historical reports at the bottom of each of the pages linked above. Japan Ski Experience accepts no responsibility for the accuracy of any information contained in these pages.

 

23. Vehicle Hire/Free Vehicle use with Accommodation Bookings

Should you wish to drive you will be required to show your passport and must hold an international driving permit which should be purchased prior to travel. It is your responsibility to ensure you have the necessary documents. There may also be age restrictions which apply to the use of vehicles either with vehicle rental companies or for free vehicle usage with accommodation bookings and it is your responsibility to check whether these apply prior to travel. Driving is on the left side of the road, and many major road signs are written in English as well as Japanese. Please note that Japan's extremely heavy snowfall and frozen roads can give rise to hazardous conditions, and it is not advisable to drive in Japan during Winter unless you have experience in these conditions. Please drive cautiously at all times.

Speed limits in Japan are lower than in many countries and penalties for speeding are usually heavy. Japan also has a strict zero tolerance drinking and driving policy, meaning that driving after even a sip of alcohol is illegal. Breaking this law could involve jail and/or deportation for which you must bare full responsibility. Motorways are quite expensive and you will be expected to pay for their use in cash, and for fuel, in addition to any sums you pay for the hire of a car. If you choose to hire a car in Japan, please familiarise yourself with traffic laws and obey them at all times.

 

24. Price Guarantee

Price guarantees that are advertised on our website and / or in booking documentation in which Japan Ski Experience offers to match the price of the same service if found cheaper elsewhere apply only to price comparisons between identical services by the same service provider. If a service can be found cheaper but is provided by a different service provider, the price guarantee will not apply. The price guarantee applies at the time of booking only. It does not apply to subsequent discounts or price changes. The price guarantee only applies to offers in Japanese Yen.

 

SECTION B: MULTI-CONTRACT PACKAGE BOOKINGS – UK & EEA CUSTOMERS ONLY

This section only applies to Multi-Contract Packages (please see clause 2 for further information) and should be read in conjunction with Section A of these Booking Conditions. This section only applies to bookings made by customers resident in the UK/EEA.

 

25. Multi-Contract Package Bookings

Where you are resident in the UK/EEA, and your booking is for a Multi-Contract Package, as defined below, we will act as a “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”), as outlined in Section B of these Booking Conditions.

A “Multi-Contract Package” exists if you book a combination of at least two different types of the following individual travel services, for the purpose of the same trip or holiday:

(a) transport; or

(b) accommodation; or

(c) rental of cars, motor vehicles or motorcycles (in certain circumstances); and

(d) any other tourist service not intrinsically part of one of the above travel services,

provided that those travel services are purchased together from a single visit to our website and selected by you before you agree to pay; or are advertised, sold or charged at an inclusive or total price; or advertised or sold under the term “package” or a similar term.

This is called a Multi-Contract Package as you still have contracts with each of the individual Supplier/Principals providing the Travel Arrangements, however we, Japan Ski Experience Limited, will accept responsibility for this booking as a Package Organiser.

IMPORTANT NOTE: Please note that where you have made a booking which consists of not more than one type of travel service as listed at (a) – (c) above, combined with one or more tourist services as listed at (d) above, this will not create a Multi-Contract Package where the tourist services:

  • do not account for 25% of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the package; or
  • are selected and purchased after the performance of the transport, accommodation or car rental has started.

Furthermore, if Resort Services are detailed as Unconfirmed items on your Booking Confirmation and in Manage my Booking and have not yet been paid for, these items will not be considered booked or purchased at the time of accommodation, and will not create a Multi-Contract Package. These bookings will all be treated as “Single Component” bookings and will not be afforded the benefit of the rights under the PTRs.

Where you have booked a Multi-Contract Package, we still act as agent on behalf of the Supplier/Principals of your chosen Travel Arrangements but we will comply with our legal obligations under the PTRs as your Package Organiser and these are outlined in Section B of these Booking Conditions. This does not prejudice or otherwise affect our agency status with Supplier/Principals.

 

26. Pricing

Where you have booked a Multi-Contract Package, we reserve the right to increase the price of confirmed Travel Arrangements within that Multi-Contract Package solely to allow for increases which are a direct consequence of changes in:

(i) the price of the carriage of passengers resulting from the cost of fuel or other power sources;

(ii) the level of taxes or fees applicable to the Travel Arrangements imposed by third parties not directly involved in the performance of the Travel Arrangements, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and

(iii) the exchange rates relevant to the Travel Arrangements.

You will be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the total price of the confirmed Multi-Contract Package (excluding any amendment charges and/or additional services), you will have the option of accepting the price increase and paying the requested amount, accepting a change to another Multi-Contract Package if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements not forming part of your Multi-Contract Package. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date on your confirmation.

Should the price of your Multi-Contract Package go down due to the changes mentioned above then any refund due will be paid to you, less an administration fee of £35. However, please note that Travel Arrangements are not always purchased in local currency and some apparent changes may have no impact on the price of your Multi-Contract Package due to contractual and other protection in place.

There will be no change made to the price of your confirmed Multi-Contract Package within 20 days of your departure nor will refunds be paid during this period.

 

27. Transferring Your Multi-Contract Package Booking

If any member of your party is prevented from travelling on their Multi-Contract Package, that person(s) may transfer their place to someone else, subject to the following conditions:

  • that person is introduced by you and satisfies all the conditions applicable to the Travel Arrangements making up the Multi-Contract Package;
  • we are notified not less than 7 days before departure;
  • you pay any outstanding balance payment, an administration fee of £35 per person transferring as well as any additional fees, charges or other costs arising from the transfer; and
  • the transferee agrees to these Booking Conditions, the Supplier/Principal’s terms and conditions and all other requirements applicable to the Travel Arrangements making up the Multi-Contract Package.
  • You and the transferee remain jointly and severally liable for payment of all sums.

If you are unable to find a replacement, cancellation charges as set out will apply in accordance with clause 10. Otherwise, no refunds will be given for passengers not travelling or for unused services.

 

28. If You Cancel your Multi-Contract Package due to Unavoidable & Extraordinary Circumstances

If you have booked a Multi-Contract Package, you have the right to cancel your confirmed Multi-Contract Package before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the Multi-Contract Package or significantly affecting transport to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any compensation.

Please note that your right to cancel in these circumstances will only apply where the UK Foreign and Commonwealth Office advises against travel to your specific holiday destination/resort or its immediate vicinity.

For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.

 

29. If the Supplier/Principal Changes or Cancels your Multi-Contract Package

Where you have booked a Multi-Contract Package and the Supplier/Principal makes a significant change to or cancels the Travel Arrangements which form your Multi-Contract Package, the provisions of this clause 29 will apply.

Changes: If the Supplier/Principal makes an insignificant change to your Travel Arrangements, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of insignificant changes include change of accommodation to another of the same or higher standard.


Occasionally the Supplier/Principal may have to make a significant change to your confirmed Travel Arrangements. Examples of “significant changes” include the following, when made before departure:

  • A change of accommodation area for the whole or a significant part of your time away.
  • A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
  • A change of outward departure time or overall length of your Travel Arrangements by more than 12 hours.
  • A significant change to your itinerary, missing out one or more destination entirely.

If the Supplier/Principal has to make a significant change or cancel your Travel Arrangements, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:

(i) (for significant changes) accepting the changed Travel Arrangements; or

(ii) having a refund of all monies paid; or

(iii) accepting an offer of alternative travel arrangements of comparable or higher standard if available (at no extra cost); or

(iv) if available, accepting an offer of alternative travel arrangements of a lower standard, with a refund of the price difference between the original Travel Arrangements and the alternative travel arrangements.

You must notify us of your choice within the timescale specified. If we do not hear from you within the specified timescale, we will contact you again to request notification of your choice. If you fail to respond again we will assume that you have chosen to accept the change or alternative travel arrangements.


Compensation

In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:

  • If, where the Supplier/Principal makes a significant change, you do not accept the changed Travel Arrangements and cancel your booking;
  • If the Supplier/Principal cancels your booking and no alternative travel arrangements are available.

The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

Period before departure in which we notify you

Amount you will receive from us per person*

60 days or more

£nil

59 - 30 days

£10

29 - 14 days

£20

Less than 14 days

£30

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

  • where the Supplier/Principal makes an insignificant change;
  • where the Supplier/Principal makes a significant change or cancels your Travel Arrangements more than 60 days before departure/start date;
  • where the Supplier/Principal makes a significant change and you accept those changed Travel Arrangements or you accept an offer of alternative Travel Arrangements;
  • where the Supplier/Principal has to cancel your Travel Arrangements as a result of your failure to make full payment on time;
  • where the change or cancellation by the Supplier/Principal arises out of alterations to the confirmed booking requested by you;
  • where the Supplier/Principal is forced to cancel or change your Travel Arrangements due to Force Majeure (see clause 14).

If the Supplier/Principal becomes unable to provide a significant proportion of the Multi-Contract Package that you have booked after you have departed, we will, if possible, make alternative Travel Arrangements for you at no extra charge and where those alternative Travel Arrangements are of a lower standard, provide you with an appropriate price reduction.

 

30. Our Responsibilities in Respect of Multi-Contract Packages

1. Where you have booked a Multi-Contract Package where we are acting as a Package Organiser, although we still act as agent for the Supplier/Principals of your chosen Travel Arrangements and your contract will be with the Supplier/Principals, we will accept responsibility for the Travel Arrangements making up your Multi-Contract Package as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 as set out below. As such, we are responsible for the proper provision of all the Travel Arrangements included in your Multi-Contract Package, as set out on your confirmation invoice. Subject to these Booking Conditions, if we or the Supplier/Principals negligently perform or arrange those Travel Arrangements and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your Multi-Contract Package you may be entitled to an appropriate price reduction or compensation or both. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or the Supplier/Principal’s negligence affected the overall enjoyment of your Multi-Contract Package. Please note that it is your responsibility to show that we or the Supplier/Principals have been negligent if you wish to make a claim against us.

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

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

(b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services forming part of your Multi-Contract Package and which were unavoidable and extraordinary; or

(c) Force Majeure (as defined in clause 14).

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

(a) loss of and/or damage to any luggage or personal possessions and money,

The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.

(b) Claims not falling under (a) above and which don’t involve injury, illness or death

The maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.

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

i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which includes The Paris Convention (with respect to hotel arrangements). You can ask for copies of this Convention from our offices. Please contact us.

ii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the hotelier for the complaint or claim in question.

4. It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our Supplier/Principal(s) strictly in accordance with the complaints procedure set out in these conditions.

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

6. Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur; or (b) relate to any business.

7. We will not accept responsibility for services or facilities which were not included on your booking confirmation or where they are not advertised in our brochure / on our website. For exampleany excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.

8. Where it is impossible for you to return to your departure point as per the agreed return date of your Multi-Contract Package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your Multi-Contract Package. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.

 

31. Insolvency Protection for Multi-Contract Package Payments

We provide financial security for Multi-Contract Packages not including flights by way of Travel Regulation Insolvency Protection (TRIP).This means that in the event of our financial failure, Zurich Insurance PLC will ensure you receive a refund of all monies that you paid to us. This insurance has been arranged by Towergate Chapman Stevens through Zurich Insurance PLC. In the unlikely event of Insolvency, you must Inform Towergate Chapman Stevens immediately on +44 (0) 1932 334140 or by email at tcs@towergate.co.uk.

IMPORTANT NOTE: Our financial protection arrangements only apply to customers who are resident in the United Kingdom or European Economic Area. If you reside outside these areas, your booking will not be financially protected. Please ask us for further details.

 

32. Prompt Assistance for Multi-Contract Packages

If you have booked a Multi-Contract Package and whilst you are on holiday, you find yourself in difficulty for any reason we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and with distance communications and finding alternative Travel Arrangements. Where you require assistance that is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative Travel Arrangements or other such assistance you require. Any Supplier/Principal, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own Travel Arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.


 

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