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:-
- the act(s) and/or omission(s) of the person(s) affected;
- the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
- unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
- an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
In addition, we will not be responsible (i) where you do not enjoy your holiday or suffer any problems due to something about which you did not tell us when you booked your holiday and where the problems you suffered did not result from any breach of our contract or other fault of ourselves, our suppliers or agents
(ii) where any losses, expenses, costs or other sum you have suffered relate to any business.
Please note, we cannot accept responsibility for any services which do not form part of our contract (see Sections 7d and 16). This includes, for example, any
additional services or facilities which any other operator agrees to provide for you which do not form part of the package.
In respect of travel by air, sea and rail, our liability will in all cases be limited in as if we were carriers in accordance with the limitation of damage provisions as set out in the appropriate Conventions, which include:- The Athens Convention, The Montreal Convention and the Berne/Cotif Convention.
In all cases except where personal injury, illness or death results, our liability is limited in total to twice the holiday price of the person(s) affected. Copies of all such terms are available on request from us.
Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the air transport users council on 02072406061 www.auc.org.uk. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us.
Our limitations of liability generally in these booking conditions and particularly with regard to the consequences of air schedule changes, delays and diversions, are significant factors in the pricing of our packages and take account of the availability of travel insurance that will make awards which can be used to offset and in some cases cover losses, costs and expenses in some circumstances not covered by us.
- If any member of your party suffers injury, illness or death whilst on holiday which is not connected with arrangements made and paid for through us, we will, in our discretion, offer advice, guidance and assistance, provided you report the problem to us and the supplier whilst you are in resort and write to us within three months of your return from holiday. Where legal action is contemplated and you want our assistance, you must obtain our written consent prior to commencement of proceedings. Our consent will be given subject to your providing proof that your insurance company has received a claim from you under the legal expenses or equivalent section of a valid insurance policy and your undertaking to reimburse our costs out of monies received, if any, under such insurance policy or under a successful claim for costs against a third party. In financial terms assistance will be limited to £5,000 per booking reference, with any payments being made at our discretion. Assistance may be with information on foreign lawyers, legal processes and time limits, translation and/or communications with local and regulatory authorities.
- Refunds: If you have booked any special tours, excursions or packages and these are entirely unavailable due to circumstances beyond our control, no refunds will be made, and any claim should be made under your own travel insurance policy. Please note refunds will not be made for any unused portion of travel or accommodation arrangements.
Some properties include un-advertised facilities such as a TV or kitchenette in the room, which may be disconnected or otherwise out of service. No refund or compensation is payable for the non-availability or non-operation of any such un-advertised facilities.
- Anti-social behaviour/bullying: We accept no responsibility or liability for making alternative arrangements for accommodation or repatriation nor for covering any costs you may incur should an accommodation owner or manager, senior Ski Total employee or supplier’s representative consider it necessary to terminate your holiday arrangements as a direct result of your anti-social behaviour or verbal or physical abuse or bullying of our staff, our suppliers or other guests, or if such behaviour is deemed likely to cause a disturbance to other guests. This also applies if, in the opinion of the carrier, you appear unfit to travel or you appear likely to cause disturbance or danger to any other passengers.
Action will be taken in any such event, which may include terminating an abusive telephone call in the UK or, if the behaviour occurs overseas, calling the police and/or terminating the holiday. No compensation will be payable for the cancellation or early termination of a holiday due to such behaviour, or for cancellation or early termination of the holiday arrangements of connected party members who cannot continue their arrangements without the person affected. We accept no responsibility for any inconvenience or upset caused to you by the actions or behaviour of other guests.
- In-Resort Any activities, excursions or ski packs that you may choose to book or pay for in addition to your package holiday and/or whilst you are on holiday are not part of your package holiday provided by us. For any activity, excursion or ski pack not booked as part of your package holiday, your contract will be with the provider of the activity, excursion or ski pack and not with Esprit Holidays Ltd. Where you have booked an activity, excursion or ski pack in resort we act as an agent for the provider of the activity, excursion or ski pack. We are not responsible for the provision of the activity, excursion or ski pack or for anything that happens during the course of its provision by the provider. Please note this includes all sporting activities.
It is your responsibility to act with due care at all times and to be insured to the levels reasonably required for your circumstances and the activity concerned. Some activities rely on satisfactory levels of snow and/or ice and should the levels be inappropriate, suppliers will do their best to offer alternative activities. Parents are reminded that children must remain under their control at all times. Age limits or qualifications apply to several activities, e.g. a full driving licence is often required and must be produced on request before driving snowmobiles, and passport evidence may be required. Our reservations team have full details and you should enquire before booking if any limitations to activities are of paramount importance to you. Strict drink-driving laws apply to snowmobile driving, as with any vehicle. No guarantee is given as to the specific length or time duration of each activity.
Minimum numbers and/or suitable weather conditions are required for certain activities to take place. If the required numbers are not reached, or the weather prevents the activity taking place at all during your holiday, or the activity is withdrawn by the supplier for any reason, any refunds must be negotiated directly with the supplier and cannot be guaranteed by us as we act as an agent and are not responsible for the provision of the service or activity. No refunds or compensation will be paid if you simply change your mind about taking part in an activity after booking it, or miss the transport provided, or fail to arrive at the designated meeting point on time, or, in your or the supplier’s judgement, cannot physically cope with the activity. (If the latter is due to a physical injury, you should claim under your travel insurance policy.)
Any arrangements made by you independently of our company are entirely at your own risk and you should make sure you are appropriately insured.
- Ski Host Service: Our free Ski Host Service does not form part of your holiday contract and is planned to be available three days per week. However, this is subject to the availability of appropriate staff, safe and suitable weather and piste conditions, and local regulations continuing to allow the provision of this service by Ski Total staff. Places are strictly limited, and cannot be pre-booked, but are available on a first come, first served basis on the day, and are subject to the guest’s skiing ability being appropriate for the route planned that day; the Ski Host’s decision on this matter is final. No compensation or refund shall apply in the event of our inability to provide this service on any day or days for whatever reason. If you join our hosting day(s) you accept that you do so entirely at your own risk and that our staff do not have professional guiding or first aid qualifications. All winter sports activities involve an element of risk and it is your responsibility to act with due care at all times and to have appropriate insurance in place.
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8 YOUR LIABILITY TO US
In booking with Ski Total, you acknowledge and accept that booking a Chalet or Chalet Hotel style of holiday is not the same as booking ‘a hotel’ (see also para. 15). Specifically, you accept that the staff are largely young, seasonal workers from all walks of life, and not hospitality professionals, and you undertake to travel with realistic expectations and a degree of tolerance for minor issues which might occasionally fall short of perfection.
The accommodation we have booked on your behalf is available for use only by those persons included on the booking, unless otherwise agreed by us in writing prior to departure from the UK. We have a duty of care to ensure that guests do not suffer damage caused by preceding guests, so it is a condition of booking that whilst on holiday you are responsible for any damage caused to your accommodation, or other facilities or equipment you use, except by persons not known to you or us and unconnected with the contract between us. You are responsible for meeting any charges levied by either the owner, supplier or Ski Total to rectify such situations. If the cost is not known an estimated cost must be paid, and any overpayment will be reimbursed when actual costs are known. Similarly, in the event that the estimated cost falls short of the actual cost, we reserve the right to request the balance from you and will require you to give a signed undertaking to reimburse Esprit Holidays Ltd with the difference within 21 days of your return to the UK. If no payment is made in resort, you will be required to give a signed undertaking to reimburse Esprit Holidays Ltd within 21 days of your return to the UK. You may be denied boarding of the homebound aircraft in the event of an unreasonable refusal either to pay in resort or give such an undertaking. Party leaders are responsible for their groups.
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9 COMPLAINT RESOLUTION
Any problems must be brought to the attention of our representative/agent and the relevant supplier whilst you are on holiday, and a Guest Service Report form completed. They will make every effort to achieve a satisfactory solution. If you fail to follow this procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort, and this may affect your rights under this contract. If issues remain unresolved you should write, within 21 days of your return, to our Guest Relations Manager either by email to gr@skitotal.com or by post to our UK address, quoting your booking reference number. If you do not tell us within this timescale, this may affect our ability to investigate and take corrective action and may impact on the way your complaint is dealt with. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Upon receipt of your letter we will acknowledge it within 14 days, investigate the points raised as appropriate and reply within 28 days or, if this is not possible, send you an interim letter advising of our progress. Please note that we are unable to respond to phone calls before a written complaint has been received and that the Managing Director or other Directors will not investigate any complaint that has not first been addressed to the Guest Relations Manager. If we are still unable to reach an amicable solution on your return, any dispute arising out of or in connection with this contract may be referred to arbitration, if you wish, under a special scheme arranged through ABTA and administered independently by the IDRS Ltd offering low cost arbitration on a documents-only basis. There are some restrictions on the type of claim suitable for this scheme and it is not usually available for claims over £5000 per person or £25000 per booking reference nor for personal injury or illness claims. Applications including statement of claim must be received by the IDRS within 12 months of the date of return or of the event leading to dispute, if later. Details on request or on www.abta.com. Please also see section 7 Our Liability to You.
For injury and illness claims, you may like to use the ABTA/IDRS Ltd Mediation Procedure. This is a voluntary scheme aimed at helping resolve disputes quickly and cost effectively. It requires us to agree for mediation to go ahead. Details on request or from www.abta.com.
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10 SPECIAL REQUESTS
We will pass on any special requests and try to meet them but cannot guarantee to do so. Your special request will be shown on your confirmation invoice to signify your request has been made but this is not an indication that it can be fulfilled. Special requests do not form part of our contractual agreement and we will have no liability if they are not met. Any special requests you have such as vegetarian or other special dietary meals, special facilities, specific room allocations or any other requirements you consider important, should be made known to us at the time of booking and advised to us in writing promptly. If you require the fulfilment of your request to be a condition of your contract with us, this can only be done if you advise us in writing and our suppliers agree they can meet your request and we confirm this to you in writing, separately to the confirmation invoice. See also clause 15c with regard to dietary requirements.
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11 ADMINISTRATION CHARGES
- Administration Charges: We reserve the right to make an administration charge in certain circumstances, for example extra administration relating to late bookings within 30 days of departure etc. The charge is usually up to £25 per person but may be more if required to cover exceptional costs of any kind, however travel documents may be collected in person from our UK Office, Monday to Friday 9am to 5:30pm to avoid this charge. This charge does not relate to making amendments to your booking, see paragraph 5(a) ‘If you change your booking’.
- Lost Property: A report of any lost item must be made immediately to the Ski Total representative, if the loss is noticed whilst overseas, or to the UK office within two days of your return from holiday. If found, the return of your property will carry an administration fee, normally £25, but up to £50 for high value items (e.g. iPods, mobile phones etc), plus the cost of postage. No item will be returned unless this fee is paid in advance. We cannot guarantee the return of any item of lost property and our staff’s involvement in tracing it shall not constitute acceptance of any liability for the item at any stage of the process. We regret that any items of lost property found and unclaimed 28 days after the holiday end date cannot be kept and will be disposed of.
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12 JURISDICTION
This contract is governed by the laws of England and Wales and exclusive jurisdiction is conferred on the English and Welsh Courts. No Ski Total employee has the authority orally to vary these terms and conditions or the information within this brochure or on our website, or any of our company literature or enter into verbal agreements with our guests. No Ski Total overseas employee in our resorts has the authority to vary these terms and conditions or the information within this brochure or on our website, or any of our company literature, either verbally or in writing.
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13 ACCURACY OF BROCHURE / WEBSITE INFORMATION
To the best of our knowledge the information contained in this brochure and on our website is correct at the time of publication. However, we reserve the right to make changes after publication and will advise you of any changes which we consider significant at the time you book your holiday or when they are finalised. Facilities such as a lift, log fire, pool, sauna, steam-room, hot-tub, TV/DVD player, Wi-Fi, or other leisure facilities contracted through us may become unserviceable during the season. If these are important to your holiday enjoyment, please make this known to us at the time of booking and confirm to us in writing. If we are informed that there have been any changes to such facilities we shall do our best to advise you, if you have alerted us, in writing, to the fact that they are important to your booking, but we shall not be obliged in such circumstances either to provide the facility or to compensate for its absence. If such a facility is considered ‘essential’ to your holiday, then it must be made a condition of the contract, by taking the steps outlined in paragraph 10. No refund of holiday costs or compensation will otherwise be paid for the non-availability of any such facilities.
The pictures shown in the brochure and on the website are included for their style and general relevance and unless stated are not necessarily taken at the resort described. Photographs of rooms are intended to give an indication of the general appearance, but rooms within chalets and Chalet Hotels will inevitably vary, particularly where there has been partial refurbishment.
Where accommodation is described as offering “doorstep skiing” this is obviously subject to individual skiers’ ability and snow conditions in resort.
Where distance is quoted in time taken to walk, we have used as a guideline that 100m takes an adult one minute to walk in standard footwear under snow and ice-clear conditions. Clearly, timings will vary according to footwear, age, personal fitness and surface conditions.
Where free minibus/ ski-bus services are advertised, these may be subject to capacity restrictions, and/or be on a ‘first come, first served’ basis.
Early and late season holidays particularly, and occasionally other dates, may sometimes be affected by the closure of certain resort facilities such as some ski-lifts and/or ski areas, swimming pools, saunas, ice-rinks, bus services, après ski activities etc., due to maintenance/refurbishment, poor weather conditions or lack of tourists. As such facilities are not owned by Ski Total, we have no control over their operation and in many cases are not given notice of their closure. We cannot accept any responsibility should such facilities be withdrawn, curtailed or moved at any time.
Ski Total cannot accept responsibility for any losses incurred as a result of industrial action in resort e.g. strike action by lift operators, bus drivers etc. Advertisements and descriptions of resort facilities in Chalet Hotel and chalet briefing folders are not intended to be recommendations.
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14 TRAVEL ARRANGEMENTS
All flight arrangements are made under our own Air Travel Organiser’s Licence number 2096. When you travel by air, land or on water, the relevant carrier’s Conditions of Carriage will apply to your journey, some of which may limit liability, as set out under ‘Our Liability to you’. All land and air travel arrangements, airlines, aircraft types, timings, routings and arrival airports are provisional until confirmed with our e-tickets and may change after this due to circumstances beyond our control. Operational decisions may be taken by carriers and/or airports, port authorities and other such authorities, resulting in delays, diversions or re-scheduling. As this is not within our control, we cannot accept liability for such situations. In a force majeure situation, such as severe weather conditions or industrial disputes, we reserve the right to substitute airlines/aircraft and make any necessary alteration to your travel arrangements, including a change of airport and method of carriage, to enable us to fulfil our obligation to transport you to and from the resort or your UK departure airport.
- Flights: Pregnant women are usually eligible to fly up to the 28th week of pregnancy on the date of return travel, but as this may vary, please check beforehand with both your doctor and the relevant airline. Children under 2 years of age on the return date of travel must sit on a parent’s lap and are not entitled to a luggage allowance or catering. Civil Aviation Authority regulations dictate that a child of 2 years or older on date of return travel must have its own air seat, and will otherwise be denied boarding by the airline. Such a child must be booked and priced accordingly for the entirety of the holiday.
Seating families together on the aircraft is FREE, but cannot be guaranteed in all cases, particularly if you arrive later for check-in, although check-in staff and cabin crew will do their best. Clearly, when a flight is full for example, it may be physically impossible to seat every single family as they would wish.
Our flights are operated on a ‘Buy-on-Board’ basis for snacks and drinks, but we cannot guarantee that this service will always be available.
If your flight is delayed resulting in late arrival in resort (i.e. after 9pm) your evening meal will be reduced to two courses.
- Flight Changes, Delays and Diversions: If our charter flight is delayed over six hours, Ski Total in conjunction with the airline will endeavour to provide light refreshments or a meal, though this will be dependent on availability of suitable facilities at the airport. If there is an extended delay, if necessary and where possible, we will arrange overnight accommodation (generally at the point of flight departure), again dependent on availability of local facilities, the cost of which, if not covered by the airline, must be claimed on your own travel insurance - see insurance details on our website. If you are using connecting or internal flights to join our flight and experience a delay, we ask that you telephone us to inform us of your amended travel arrangements. Relevant contact details can be found on our website in the Pre-departure Information. Ski Total and the airline do not offer compensation for inconvenience or loss of holiday time caused by flight delays or diversions, regardless of how caused. Similarly, it is not possible to obtain refunds for any unused accommodation, facilities, activities, items of ski pack, connecting flights nor for losses, costs and expenses of other travel/accommodation arrangements outside the package, resulting from flight changes, delays or diversions which should be claimed on your own travel insurance where applicable. Please note that if you are unable to reach or leave your resort due to force majeure circumstances such as road closures, weather or traffic conditions etc, Ski Total will provide reasonable assistance with alternative arrangements, but any costs incurred must
be borne by you and claimed on your travel insurance as appropriate.
- Baggage and Baggage Allowance: The baggage allowance for our flights as advised with your flight e-tickets (normally 15-20kgs per person, excluding infants) must not be exceeded in any circumstances, or check-in staff may levy excess baggage charges or be unable to place your luggage on the flight. All your belongings remain your responsibility at all times and Ski Total will not be held responsible for any items being mislaid, loaded onto wrong coaches, left behind etc. It is normally your responsibility to manage your baggage at all times including its transfer to and from chalets and hotel rooms. Ski Total accepts no responsibility for luggage lost or damaged by the airline or airport baggage handlers or coach drivers, and if this occurs, you should contact the airline, airport or coach company directly and use your travel insurance for any resulting claim.
- Transfers: Please see the price panel on each resort page for transfer times. These are approximate and do not include refreshment/toilet stops. The times may be affected by weather, road and traffic conditions. In particular, congestion during continental school holidays can cause delays, as may road closures due to roadworks, avalanche risks etc. Although many coaches are equipped with wcs, they are not always available for use, for a variety of reasons. European coaches do not normally have fitted seatbelts. Infants under the age of 2 ears on the return date of travel must sit on a parent’s lap. It is not always possible to show children’s videos on coach transfers. Some Chalet Hotels and chalets are not situated close to coach-accessible roads and walks from 50 to 400 metres, sometimes with gradients, are necessary on arrival and departure. Please see the property description and if this is important to you call our reservations team. On occasions there may be waiting times for other flights to join your transfer to resort, and transfers may sometimes involve a change of vehicle en route. Your return transfer coach may also carry guests from more than one flight and this may affect your departure time from resort. In the event of a flight diversion to an outbound flight for whatever reason, Ski Total will endeavour to arrange coaches and staff to be at the alternative airport to meet you, but this cannot be guaranteed, and no liability will be accepted if a diversion causes a delay at the arrival airport and/or a longer than advertised transfer to resort.
- Independent Travel: Please note that you should plan to arrive at your accommodation after 2pm on arrival day and leave by 10am on your departure day. Very few properties have parking spaces for self-drive guests, others have extremely limited or no spaces at all. Public parking in resort is always subject to availability and may incur a charge which you pay locally. If arranging your own flights, it will not be possible to join Ski Total’s coach transfers, and you should be aware that it can be extremely expensive to arrange transfers by taxi from your arrival airport to the resort. There will not normally be any price reduction in the event that you choose not to use our flights.
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15 CHALETS AND CHALET HOTELS
In general, the price you pay reflects the standard of the property you choose, but prices can also be influenced by location in resort, staffing ratios, transfer costs and, in particular, regional differences in rentals. Most chalets were not originally built for commercial purposes and are not allocated a category or grading by national tourist authorities.
Please note that ‘Chalet Hotels’ are not the same as ‘Hotels’ in the normal sense of the word, and should be viewed rather as larger scale chalets; whatever the property standard and diamond rating, they are all staffed by young Ski Total staff, and you should not expect the same standards of service or professionalism that you might expect of independently run professional hotels.
Accommodation will meet the required regulations of the country in which the chalet is situated and may differ from UK regulations. Within chalets and Chalet Hotels, rooms and facilities can vary greatly. We have yet to see the perfect chalet and a degree of tolerance is needed when it comes to alpine standards of plumbing, electrics, hot water supplies and space - please be aware that there may not be sufficient soft seating for every guest. When two figures are given for the capacity of a chalet, the lower one is the normal occupancy figure, based on regular beds including sofa-beds in some cases. The higher figure allows for increased occupancy, using put-u-up beds. Neither figure includes infants occupying cots. Put-u-ups may cause inconvenience because of limited space. Because of the ability to add additional beds, the brochure/website figures are not guaranteed as absolute, and are subject to change. Please therefore confirm the capacity when you make your telephone reservation. Our reservations staff describe cot or put-u-up space as ‘squashed’ or ‘very squashed’ where appropriate; please ask for advice if bedroom space is important to you.
“Sole Occupancy”: when a chalet is booked for sole occupancy, this means that no other guests will be in residence.
Ski Total staff and/or members of the chalet owner’s family may occupy parts of the building. Please ask for written details if this matter is important to you. We do not permit non guests of our chalets and Chalet Hotels to dine in our properties.
- Ski Total platinum and diamond-ratings: We have introduced our Ski Total diamond rating to all our properties to give an indication of the standard and style of our chalets and Chalet Hotels in comparison to each other and are not an official rating. Our ratings are based on senior management inspections and previous guests’ feedback, and naturally a certain amount of personal opinion is involved. We emphasise that these are not official ratings, and cannot be compared in any way with any official or other independent system of accommodation ratings. Catering arrangements and standards are the same for all chalets, irrespective of their diamond rating.
- Bedrooms: The size, decor, soundproofing and furnishing of bedrooms can differ markedly, even within the same property. There is also considerable variation in floor space, head clearance, clothes storage facilities (sometimes very limited), types of bed and bedding. In some chalets, bedrooms lead from communal rooms. We make every effort to describe bedrooms as accurately as possible and to this end we have introduced the term SUITE (where there are distinctly separate sleeping areas, e.g. interconnecting rooms) and ROOM (where all beds are in one area). We recommend that you stress special room requirements at the time of booking. Some bedrooms and suites have kitchenettes reflecting their occasional use for self-catering. They are not equipped for use and for safety reasons we disconnect most of the electrical and gas equipment. Beds may be sofa-beds or chair-beds, particularly in family accommodation where part of the room is intended as either a sleeping area or a sitting area. Chalets and Chalet Hotels may provide an ‘Austrian twin’ or ‘Continental twin’ (i.e. a double bed frame with two single mattresses and two single duvets) in rooms described as doubles or twins. You must advise us in writing if this is not acceptable to anyone included on your booking.
Balconies: Where a supplement has been paid for a balcony, neither a specific view nor aspect is guaranteed, and the balcony may be private or shared.
Bathroom Facilities: These will always include a bath or mini-bath or shower, but do not necessarily include toilets - please see the individual property’s ‘Accommodation Summary’ for details of each room’s facilities. Bathrooms may not always have full size baths and showers may not always have a shower tray or curtain.
When bedrooms are described as having ’private’ facilities which are not en suite, this means the facilities are not shared with other guests, though your Chalet Host may occasionally need to use the wc and hand-washing facilities.
Bed Linen, towels (one hand and one small bath towel per person) and soap are provided in all chalets and Chalet Hotels.
- Catering: Evening meals are provided for 6 days on a 7 night holiday and 12 nights on a 14 night holiday. Breakfast is run on a self-service basis normally between 8 and 9am and typically comprises: fruit juice, cereals, porridge, boiled eggs, croissants (France only) or bread, cheeses, sliced ham and jam. There is of course unlimited tea and coffee. The milk supplied is likely to be UHT. With a full quota of children present, breakfast can be a crowded and somewhat chaotic affair, so a degree of patience may be needed! For afternoon tea our chalet staff provide a cake. The first guest back brews the tea. Dinner is served around 8pm and is a four-course meal based on supper party menus. It includes complimentary wine and coffee. On the first evening, the problem of different arrival times can mean that dinner is a somewhat haphazard affair, fitted round the convenience of the majority. Please note that dinner in our chalets is strictly an adults and teenagers only occasion and children less than 13 years old on the holiday start date are not allowed at the dinner table. We cannot accept liability if we are not informed of a child’s age. Exceptions are set out in paragraph 19(c) below.
Special Diets & Food Allergies
Vegetarian meals can always be served, though we do need 14 days notice in writing. For any guests in our chalets who advise us on arrival that they require a vegetarian diet, a £25 charge will be payable in resort.
Other special diets (e.g. vegan, gluten-free, dairy-free, wheat-free, low fat/cholesterol, specific food allergies etc) can often be provided, but must be discussed with our reservations team before booking, and will incur a supplement of £35 per person, to cover additional administration costs and ingredients/menu changes. All such dietary requests and/or food allergies must be confirmed to us in writing by email or registered post at least 14 days prior to departure. For any guests who advise us on arrival of a special dietary requirement, a £60 charge will be payable in resort to cover additional catering costs.
We have a well-developed Food Allergy Policy in place, with a view to avoiding any allergic reaction incidents, and shall exercise reasonable care to avoid specified food and drink ingredients if special diets are agreed at the time of booking and confirmed in writing as above. However, in choosing to travel with us, you accept the following facts:- that staff involved in catering, including children’s meals, are generally not qualified catering professionals; that no food allergy system can ever provide a 100% guarantee against any contact with a specified foodstuff; that items such as eggs, dairy products and nuts are constantly present in chalet kitchens and dining areas, so cross-contamination cannot be eliminated; that our staff cannot police what snacks third parties, including other guests’ children, may bring into contact with the allergic person; that staff may not be aware of precise food contents (where they do not speak the language in which the ingredients are labelled, for example); our staff cannot police lunches provided by ski-schools. We therefore cannot and do not guarantee the avoidance of specified ingredients, and you accept that in the event of any dissatisfaction with special dietary arrangements, including the occurrence of an allergic reaction, our liability, if any, shall be limited to a refund of the special diet supplement paid.
Extreme Food Allergies: where a food allergy is so severe that the slightest exposure to the substance in question could cause a life-threatening anaphylactic reaction (for example where a reaction may be triggered other than by actually eating the foodstuff - such as by smell alone, or by minute trace elements on the hands of a staff member or another person), you must advise us in writing of the severe nature of the allergy at the time of booking. We then reserve the right to advise you that, in our considered view, the controls we are able to implement in the ski chalet environment are insufficient to guarantee your, or your child’s safety, in which case, should you choose to proceed with the booking, you do so entirely at your own risk, and would be asked to confirm this in writing in order to confirm the booking. If you fail to advise us of a known extreme allergy at the point of booking, you will be in breach of contract, and we will therefore have no liability to you at all in the event of any incident.
- Our Staff: Most of our resort staff are younger than our adult guests, and some of our catering staff may not have professional catering qualifications. However, they have been chosen carefully, and undergo comprehensive Ski Total training (staff who join us once the season is underway are trained in resort by the relevant managers). Chalet and Chalet Hotel staff have one well-earned day’s rest each week, normally mid-week, when in chalets they leave out a simple breakfast, (in Chalet Hotels breakfast is served as normal) and are then free until the following day, no other catering is provided. In the evening you have the opportunity to sample dinner in one of the village restaurants. Some chalets and Chalet Hotels have chalet and occasionally other resort staff living in, whilst in others there are no resident staff. If this is an important factor in choosing your chalet, please enquire about arrangements at the time of booking.
- Cleaning and hygiene: With the constant movement of people in and out, it is an uphill task to keep the accommodation, particularly floors, clean. Your bedroom will be clean and tidy for your arrival and en suite bathrooms will be cleaned once, mid-week, during your stay. Otherwise its state is left to you. The chalet or Chalet Hotel staff will normally empty your accessible waste bins each day and clean all communal rooms (except on their day off). We are particularly conscious of the need for catering hygiene and during their pre-season training course, all our catering staff will have been trained to the Chartered Institute of Environmental Health’s Level 2 in Food Safety. Our managers also carry out spot checks and full hygiene inspections regularly. If you are unhappy with any aspect of chalet hygiene or cleaning, please raise the matter immediately in resort so that corrective action can be taken. Our reservations staff can give details of laundry facilities in resorts as our chalets and Chalet Hotels do not have facilities for guests to use. Rooms must be vacated by 10am on departure day, so they can be made ready for arriving guests. Likewise, your room will normally be made ready for your arrival by 2pm.
- Slipper zones: We ask guests not to wear outdoor shoes or boots inside the chalets, so please ensure that you take slippers or indoor shoes with you.
- Security: Our properties do not have safes for securing guests’ valuables and it is unusual for chalets to be locked during the day or overnight, or for there to be locks on bedroom doors. Chalet Hotels however normally have a night porter on duty. In many cases we offer keys, key cards or combination locks for which a deposit may be payable, but this cannot be guaranteed. In some chalets, parts of the building may be shared by other residents using the same communal entrance. Although we do not specify these points in each chalet description, if it is of concern please ask our reservations staff for details. See also paragraph 3(f) ‘Insurance’. We cannot be held responsible for the damage to, loss or theft of personal belongings or ski equipment from any accommodation.
- Telephones: A few of our chalets have card phones but others have standard phones which are only available for urgent, incoming calls. If a telephone facility is important to you we suggest you take a mobile phone or check with us to ascertain what service is available in your chalet. We cannot offer the use of telephone points for e-mail access.
- TVs / Videos / DVDs: Some of the larger chalets have TVs and video or DVD-players which guests may use to play their own videos or DVDs. Unfortunately, if TVs, video or DVD players become unserviceable, we cannot always get immediate replacements as the UK systems are not compatible with local versions and we may have to obtain spares from the UK. Where a TV is advertised, no guarantee is implied as to how many English-speaking channels will be available, if any.
- Smoking: We operate a no-smoking policy in all our chalets and Chalet Hotels. A guest who breaches this policy accepts liability for all consequential damages sought against Ski Total by its other guests and/or the property owners.
- Pets: Notwithstanding changes to UK legislation, we do not permit pets in our properties.
- Child Care: Please note that it is not possible for us to child-proof our chalets and Chalet Hotels, and that children, their behaviour and their safety, remain the sole responsibility of their parents at all times, including during adult dinners.
- New-Build Projects & Refurbishments: A number of chalets and Chalet Hotels are newly built or substantially converted or refurbished for us each season, and we take every possible care with the owners to ensure that each such property is completed on schedule. Clearly however, matters outside our direct control, such as local authorities or adverse weather at critical times for example, can occasionally cause delays, and/or there may be changes to the designer’s or architect’s plans upon which we have based our description. In the event that either eventuality happens, we will advise you as soon as any impact on your holiday is clear. If the impact of the change is such that we reasonably classify it as a major factor, we will offer the choice of either a) a specific alternative holiday, b) the opportunity to purchase another holiday from us at the current selling price, or c) cancelling your holiday and receiving a full refund of all monies paid. If the alternative offered involves a change of resort, compensation will also be paid in accordance with paragraph 4(a) of these Booking Conditions. No further compensation shall be payable for changes caused by late delivery of new-build or refurbished chalets, or changes to architects’ or designers’ plans, and Ski Total’ liability in such cases shall be limited to the provision or conversion of the above three alternatives.
- Leisure facilities: Swimming-pool, hot-tub, spa-bath and sauna temperatures are determined by the owners in accordance with local regulations or guidelines, and may not always match guests’ expectations. Leisure facilities may be subject to limited opening hours, and there may be restrictions on their use by children. Hot-tubs are normally out of use for at least one day per week while they are cleaned. Should any leisure facility become unavailable for any reason, we cannot guarantee being able to repair or replace it during your holiday, and do not offer compensation for inconvenience or curtailed use in such an event.
- Floor Plans: These are available for most chalets on request. Please ring us on 01252 618333.
- Check-in: In common with standard hotel industry practice, we reserve the right to take credit card imprints upon check-in at our Chalet Hotels and certain chalets to cover potential damage costs or breakages.
- Season start-up: We work hard to train all our staff pre-season to the standard required to deliver our brochured services, but our holiday prices are kept low for the first week of the season, reflecting the need for a degree of tolerance from our guests for the fact that staff are settling in to new roles.
- Wi-Fi in chalets & Chalet Hotels: Where Wi-Fi is indicated in a property description, this belongs to the property owner, and its availability is outside our control. No guarantee is given or implied that it will be operative during your holiday, you will not be advised in advance if the owner removes it, and no compensation or refund will be paid if it is not available for whatever reason. Safe-keeping of your lap-top computer is your own responsibility, as is ensuring that it is properly insured for the circumstances described in para. 15(g) above; no liability will be accepted for damage to or loss or theft of lap-tops from accommodation, including if your insurance company refuses to pay out for any reason.
- Damage Deposits: We reserve the right to apply a damage deposit of up to £1,000 per booking either in the UK prior to departure or on arrival in resort. This is payable either by debit or credit card. We appreciate that normal usage causes wear upon furniture, fixtures and fittings and this is always taken in to consideration, but actual damage caused by guests, either by accident or negligence, must be paid for by the person who caused it, or by the party leader of the group, or will be retained from the Damage Deposit. (See also clauses 7 and 8.)
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16. PRE-BOOKABLE LIFT PASSES, SKI LESSONS AND EQUIPMENT (PRE-BOOKABLE SKI-PACKS)
The Booking Conditions contained in this section together with the description of the Pre-bookable Ski Pack Services and the general information contained in this brochure and on our website form the basis of your agreement with the Ski Pack Providers in relation to the purchase of your Ski Pack Services. All information in our brochure and on our website has been provided by the Ski Pack Service Providers and we do not accept any liability for any errors on the part of the Ski Pack Providers. All Ski Pack Providers have agreed that these Booking Conditions constitute your agreement with the Provider for the purchase of the Ski Pack Service but reserve the right to introduce other conditions or vary these conditions as they may see fit. Where this applies, we will inform you of any additions or variations to these Booking Conditions. The Booking Conditions also set out the basis on which we advertise the Service and handle your booking and more generally how we represent the Ski Pack Service Providers. Please read them carefully as they set out the respective rights and obligations of all concerned.
When we on behalf of the Ski Pack Service Provider issue a written confirmation to you, this signifies that the Service Provider has entered into a contract with you, which is subject to these Booking Conditions (and any other conditions imposed by the Ski Pack Service Provider) and the Ski Pack Service Provider’s terms and conditions. We will take payment from you on behalf of the Ski Pack Provider. The Ski Pack Service Provider has the right to refuse any booking prior to or following the issue of your written confirmation, even if monies have been paid and banked. Where they do so, they will endeavour to offer you an alternative service. Where the alternative is acceptable, the monies you have already paid will then be credited towards the cost.
We will provide your written confirmation either by post or by email, as requested. It is your responsibility to check your emails regularly and advise of any change to your email address. As soon as your confirmation is received, you should check the details carefully. If anything is not correct you must tell
us. We reserve the right to charge an amendment fee to administer/correct any error by you or where you fail to notify us of any error within 14 days of receipt.
If the balance is not received by the due date, we on behalf of the Ski Pack Service Providers are entitled to treat your booking as cancelled by you and cancellation charges will be payable in accordance with the typical cancellation fees set out below. Cancellation charges vary depending on the number of days before your arrival date that notification of the cancellation is received by us in writing and are determined by the Ski Pack Service Provider you have booked with. The fees set out below are the typical fees stipulated by the Ski Pack Service Providers:
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Period before scheduled departure date when your cancellation notification is received
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Cancellation charge expressed as a % of Ski Pack Cost
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28 - 69 days
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60%
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15 - 27 days
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80%
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0 - 14 days
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100%
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Any variation from the typical fees set out above will be notified to you by the Ski Pack Service Provider.
All prices are correct at the time of printing/publication in the event that the sterling rate varies adversely against foreign currencies after our brochure is published the Ski Pack Service Providers are entitled to increase their sterling prices prior to or at the time of booking and/or to apply a surcharge to your booking after confirmation to compensate them for the fall in the value of sterling. We will notify you of any such increase or surcharge. If any surcharge is greater than 10% of the cost of the booking, the Ski Pack Service Provider agrees that you will be entitled to cancel your ski pack booking with them with a full refund. You will have 7 days from the issue date printed on the surcharge notice to tell us if you want to cancel your booking with the Ski Pack Service Provider. If you do not tell us that you wish to do so within this period of time where applicable, we and the Service Provider are entitled to assume that you will pay the surcharge.
The Service Provider will endeavour to ensure that, once confirmed, your booking is not changed in any significant way or cancelled. However, changes outside the control of the Service Provider occasionally occur and bookings have to be changed or cancelled or errors in brochure or other details corrected. The Service Provider reserves the right to do so. We are not liable for any changes, cancellations or errors made by the Service Provider (including the effect of any change or cancellation of any other services). Where a Service Provider cancels a booking or the Service becomes unavailable for any reason, the Service Provider will where reasonably possible endeavour to offer you an alternative.. You will be responsible for meeting the cost of the alternative service but any amounts paid towards the cost of the cancelled booking will be credited to the new booking. Service Providers are entitled to make non significant changes to your booking without having any liability to you.
We take due care and do everything we reasonably can to ensure that the information provided by the Ski Pack Service Provider is accurately and completely conveyed in the brochure, on our website or in other material produced and circulated by us. If we become aware of any changes to any services booked through us, we will always tell you as soon as possible, if we think your holiday is likely to be materially affected. Neither Ski Pack Service Providers nor ourselves can accept responsibility for any changes or closures to area amenities or attractions mentioned in the brochure/on our website, by our holiday advisers or advertised elsewhere.
As we act solely as agent and have no control over any service provided by any Ski Pack Service Provider, we have no liability for the act(s) or omission(s) of
any Ski Pack Service Providers or any person(s) used or provided by them or for the Service or for your holiday.
If you are not entirely satisfied with the Service, you should contact the Ski Pack Service Provider immediately and attempt to resolve the problem on site during the holiday. This is very important, as it gives the Service Provider the opportunity to understand the nature of your concern, and respond quickly and effectively. Claims that have not been registered with the Ski Pack Service Provider or with us as soon as possible during your holiday cannot be accepted. The Ski Pack Service Provider should be given the opportunity to rectify a situation. Please help the Service Provider to help you by following this procedure. If after that you still feel that the problem has not been resolved to your satisfaction, you should within 14 days of the end of the holiday put comments in writing to us. Where it is not possible to resolve the concern directly with the Service Provider, you should contact our Resort Representative for assistance.
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. We will endeavour to assist in resolving any dissatisfaction but do so purely on a goodwill basis and without any responsibility for any complaints or claims.
The Service is provided by persons, firms, companies and other bodies which are wholly independent of us and for whom we act solely as agent. Copies of
the Service Provider’s terms and conditions are available on request from the Agent or the Service Provider.
The contract between you and the Ski Service Provider and any matter arising out of or in connection with it is governed by the law of the country where the Service is performed. In the event of any dispute or issue arising between you and us in relation to our services, English law will apply and we both agree that a claim may only be brought in the Courts of England and Wales to the exclusion of all other courts.
- Ski Lessons: If you know that you will require lessons, we advise you to pre-book regardless of the date of your holiday. Our grading system (for adults and children) is to help you and our resorts ensure that the correct classes are pre-booked prior to your arrival. Throughout the season, and in particular during the continental school holidays (our reservations staff have the dates), the length, timing and availability of the ski-school lessons can change with little warning. Ski schools are also extremely busy and it is imperative that you book in advance to avoid disappointment. Occasionally resorts ask that a minimum number of guests book into a lesson in order for it to go ahead. In the unlikely event your lesson is cancelled due to low numbers, alternative arrangements will be offered, however you will be responsible for any additional costs incurred. The ski school price quoted is that of the ski school's standard group lessons. Private Lessons can also be booked in advance, please discuss your requirements with our reservations team.
- Equipment Hire: The equipment is priced according to the grade of ski you choose. If you require a ski boot larger than size 12, please advise us at time of booking so that we can inform the resort in advance. We strongly recommend that you check that your personal insurance covers you for loss/damage to hired equipment. Ski Total Holiday Insurance includes this cover to the value of £500 for your own ski equipment, and £250 for hired equipment. Ski-hire shops may offer insurance to you and we recommend that you accept this if your own travel insurance policy does not cover you.
- Lift Passes: A passport size photo may be required for lift passes. Beginners do not always require a lift pass for the first days of skiing (see the ski pack panel for your chosen resort.) Some resorts work on a ‘point system’ for certain lifts for the first few days of skiing, this can be booked locally through our Ski Total Representative. Some resorts operate an electronic lift ticket system. Where this is in place our representative will offer you the option to upgrade to this type of ticket. Some resorts will only offer the electronic lift pass and may ask you to pay a deposit in resort (generally refundable at the end of your holiday). At the beginning and end of season, or at any other time due to snow or other weather conditions, resorts may limit the number of lifts in operation. Ski Total accepts no liability in such situations; you may however have the potential to claim under your travel insurance if the supplier has made no refund in resort.
- Children’s Free Lift Passes/Equipment:Each resort has different criteria for the ages of children eligible for free or reduced prices. In many resorts, children’s free passes will be of the same type and duration as purchased by the parents.
- Snow: Whilst we obviously cannot guarantee snow, all our resorts are chosen for their reliable snow records. Many of our resorts also have the advantage of glaciers, which ensure snow almost all year round. Snow conditions can change dramatically overnight, and will not be accepted as a valid reason for you to cancel your holiday, although if conditions are exceptionally poor, we will do our best to change your booking to another resort if this is possible. If there is such poor snow that the lift company and ski school in your booked resort decide that you are unable to ski, we will endeavour to transport you daily to another ski area.
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17 VISAS, PASSPORTS AND HEALTH
The party leader is responsible for ensuring all party members are in possession of a valid passport (a full 10 year passport in the case of British Citizens over the age of 16 on return date). British Citizen children under 16 years old and not already on a parent’s passport valid for the dates of travel, must have their own passport. Your specific passport, visa and immigration requirements, including any minimum required validity period beyond holiday dates, are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. Ski Total accepts no liability if you cannot travel or re-enter the UK due to non-compliance. Your passport and any travel documentation you arrange must show the same surname and initials. If these details change between making the holiday reservation and departure from UK, you should have the travel documentation changed. If you don’t have time, please carry the appropriate documentation, such as a marriage certificate, with you.
Health: You are advised to obtain the Department of Health leaflet ‘Health Advice for Travellers’, on 08701 555 455 or email:dh@prolog.uk.com.
You also must take with you your European Health Insurance Card (EHIC). Details from www.ehic.uk.com.
High altitude resorts: You should be aware that some people experience difficulties in high altitude resorts and it may be advisable to seek advice from your doctor before travel if you have any medical conditions which this may exacerbate.
Special Needs: If you have any special requirements, it is essential you bring these to our attention at the earliest opportunity and before choosing your holiday, as some accommodation and resorts may be found unsuitable. It is therefore important you provide us promptly with written details of your requirements in order that we can help you find a suitable holiday.
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18 TRAVEL GUIDANCE
The Foreign & Commonwealth Travel Advice Unit may have issued guidance on your destination. You can check through the ABTA Information Department on 020 7307 2043 or at www.fco.gov.uk/knowbeforeyougo.
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19 CHILDREN
- Child and Infant Ages: Ages are taken as at the arrival in resort. However, if a child celebrates his/her second birthday during the holiday, the airline requires that he/she should be treated and charged as a 2 year old.
- Buggies: Passengers travelling by air with infants will be pleased to note that you can keep collapsible buggies with you until you board the aircraft. In some resorts the terrain limits their usefulness; you may wish to consult our reservations staff on this.
- Meals: High tea, the main meal of the day for children under 13 years old, is at 5.30pm. Dinner in our chalets and chalet hotels is strictly for adults and teenagers only, and children under 13 years of age are not allowed at the dinner table. If a single group takes over a whole chalet, the under 13 restriction may be waived by the party leader if we are notified in writing, see ‘Special Requests’ (paragraph 10). In such cases, a supplement of £39 per child, per week, will be applied to meet the increased catering costs. Christmas dinner and sometimes meals on arrival nights are the only other exceptions.
- Cots and Highchairs: A cot and highchair are automatically provided for all infants free of charge in chalets and Chalet Hotels. Our cots are normally of the folding ‘travel cot’ type. If you prefer to harness your child into a highchair, please bring a harness with you. For children aged 2 or over who require a cot and/or highchair, the request must be confirmed at the time of booking and detailed on the booking form under ‘Special Requests’.
- Baby Alarms: These items can be very useful in chalets and Chalet Hotels and we recommend that concerned parents bring their own alarms and adaptor plugs.
- Childproofing and Children’s supervision: Our staff are trained to take reasonable precautions in making the chalets and Chalet Hotels reasonably safe for children but it must be noted that our properties (were not designed with children in mind. It is not possible for us to childproof our chalets and Chalet Hotels and you will therefore need to be more vigilant than in your own home.
Children using communal areas or leisure facilities in our properties remain their parents’ responsibility.
Stairs, ladders and bunks: and Chalet Hotels contain beds on mezzanine platforms that are accessible by steep stairs or ladders. We do not recommend that children under 8 years old use them. Where children use bunk beds, we recommend 6 years old as the minimum age for occupying the high level bed which may not have a guard rail.
Stair-gates: these are sometimes fitted, but we must at times compromise with the need to make the chalets and Chalet Hotels reasonably convenient and safe for all our guests.
Resort Child Care: arrangements for resort child care of any kind, whether or not undertaken by our off duty staff, Ski Total does not accept liability for any loss directly or indirectly connected with such arrangements, however caused. For insurance reasons, private nannies are not permitted in our chalets or Chalet Hotels unless booked as a resident member of your party.
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20 SAFETY IN THE MOUNTAINS
For your own safety and that of other mountain users, please refer to the Mountain Safety information included in your Information Pack provided on your arrival in resort.
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21 LOCAL EXCURSIONS/LOCAL SKI PACKS/LOCAL ACTIVITIES
Excursions, ski packs or other activities that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us.
For any excursion, ski pack, or activity booked whilst you are on holiday, your contract will be with the provider of the excursion, ski pack, or activity and not with us.
Where you have booked an excursion, ski pack, or activity we act as agent only for the provider of the service. We are not responsible for the provision of the excursion, ski pack or activity or for anything that happens during the course of its provision by the provider. Please note this also includes all sporting activities.
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22 DATA PROTECTION POLICY
Ski Total staff, guests or professional photographers will occasionally take photographs, which may include adult or child guests from your family, for use in future brochures, websites or other marketing material. Unless you have advised us in writing that you do not wish your or your child’s image to be used in this way, no liability for the use of such photographs will be accepted by Ski Total. (Note that for your security, names or other details are never attached to such photographs.)
Guest comments taken from questionnaires or other correspondence are occasionally used in the brochure and website, with the name of the family concerned, to give a ‘guest’s eye view’ of our holidays. Unless you have advised us in writing that you do not wish your comments to be used in this way, no liability for the use of such comments will be accepted by Ski Total.
In order to process your booking and to ensure your travel arrangements run smoothly and meet your requirements, we need to use the information you provide such as name, address, any special needs/dietary requirements etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your holiday arrangements, such as airlines, hotels, chalets, transport companies etc. This information may also be used for future communications from Ski Total, (including for example the use of names and contact details for brochure mailings and e-newsletters) and it may also be provided to security and checking companies and public authorities such as customs/immigration if required by them or as required by law. If you do not agree to any or all such uses, you must advise us accordingly in writing by registered post. Additionally, where your holiday or travel arrangements are outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not pass any information on to any person unless they are responsible for part of your holiday arrangements. This applies to any sensitive information that you give us such as details of any disabilities, or dietary/religious requirements. If we cannot pass this information to the relevant suppliers, (whether in the EEA or not), we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons.
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