1 THE CONTRACT

When booking, you guarantee that you have authority to accept and do accept on behalf of your party, the terms of these booking conditions. A contract cannot be made for young persons unless one member of the party is at least eighteen years of age and is the lead name on the booking. Under the terms of this contract any monies you pay to us or one of our authorised travel agents are protected by our Air Travel Operator’s Licence (ATOL number 2096) and ABTA (number V3614). Total Ski and Total Holidays are trading names of Esprit Holidays Ltd. Your contract is with Esprit Holidays Ltd (company registration number 1907815), with the registered office address at 185 Fleet Road, Fleet, Hampshire, GU51 3BL.

2 THE CONFIRMATION

When you have chosen your holiday, if we are able to meet your request, we will confirm this to you. The contract comprises these booking conditions and your confirmation invoice and is not made and does not exist until the date shown on our invoice. Information contained in this brochure also forms part of the booking contract (subject to paragraphs 3 and 13 of these conditions)..

Quotations given over the telephone are always subject to written confirmation. Telephone calls with our office may be recorded.

Verbal descriptions, assurances and agreements can seldom be confirmed or amicably clarified in subsequent disputes and for this reason we do not accept liability for them. If you wish to include any such items within the contract you should request them in writing and acceptance will be established only on dispatch of written confirmation by us, separate and additional to the confirmation invoice.

Once we have verbally confirmed your booking and received your deposit, we will issue a confirmation invoice. If you do not receive this invoice within 14 days, please contact us to make sure that your booking has been confirmed by us.

When you receive your invoice, please check all the details carefully to ensure they are correct, as this forms the basis of the contract between us. If there are any discrepancies, please bring these to our attention within 7 days of issue, otherwise we will assume the details shown are correct. Whilst we would not anticipate any pricing errors in the confirmation invoice, in the event of an obviously incorrect price we will not be bound by this and will issue a revised invoice showing the correct amount. In the unlikely event that we are unable to confirm your booking, the following options will be available to you: (a) to accept an alternative holiday offered by us, or (b) to purchase another holiday at the current brochure/website selling price from us, or (c) to accept a full refund of all monies paid

You must tell us the option you wish to accept within 7 days of the offer being made; otherwise we will assume you have chosen to accept the alternative holiday offered. Whichever option you choose, a confirmation invoice will be sent as soon as possible and, if you do not wish to proceed, we will refund all monies paid within 7 days.

3 HOLIDAY PRICE, CONDITIONS AND PAYMENT

The prices and conditions apply to this First Edition brochure/website which is valid from 30th May 2008 and will be superseded by any subsequent brochure/website edition. Prices are correct at the time of going to press but may vary and our current selling prices will be advised at the point of enquiry on telephone bookings and confirmed on our confirmation invoice. The prices quoted in this brochure are based on the rates of exchange and other costs prevailing on exchange rates as shown in the Financial Times Guide to World Currencies on 14 March 2008: €1.30 / US$2.02 / CHF2.05. All price promises in this First Edition brochure/website relate to brochure-priced holidays only and not to any non-brochured/late availability discounted holidays.

a) Surcharges
We reserve the right to increase or decrease our prices at any time, for example due to government action, or if fuel costs increase or other price rises occur of which we were unaware at the time of printing this brochure. However, once you have completed a booking and a confirmation invoice has been issued then, unless you amend your booking, we guarantee that no surcharges will apply other than for costs exceeding 2% but not exceeding 10% of the invoiced holiday price (excluding insurance premiums and amendment fees), directly arising from government action in the UK or abroad e.g. increases in taxes or security charges.

b) What the price includes
The confirmation invoice will show the price of your holiday and will include all currency surcharges, local taxes, VAT, UK and overseas service charges, all known current airport taxes including the Government Air Travel Duty of £10 per passenger on flights to European countries subject to paragraph 3(a) above).

c) What the price does not include
Any charges levied for e-tickets collected at the airport, for which there is a minimum charge of £18 per person. If you lose your e-tickets whilst on holiday, this may result in your having to purchase new e-tickets at full cost, which may be reclaimed from the airline three months later. There will also be a variable charge for the re-issue of charter e-tickets. Due to circumstances beyond our control, airlines may cease to operate on certain routes, which may have an effect on the brochure price, and we reserve the right to pass on any extra cost that may become due. Increased security measures may cause airlines to introduce an additional security tax and this will be added to your holiday if and where applicable. A 2% handling fee applies if your holiday payment or any other payment in the UK or in resort is made by credit card. Amendment fees - see paragraph 5a) ‘If you change your booking’.

d) Under-occupancy.
We ask you to contribute towards our loss if you reserve rooms for your exclusive use, but do not fill all the beds. Unless otherwise indicated, the supplement per empty bed payable is the full current air-inclusive basic price, minus £150. In chalets up to 25 beds, no more than one under-occupancy supplement is available per chalet. If guests wish to under-occupy by more than one bed, the full current basic price is payable for any other empty beds. In larger chalets or Chalet Hotels of 26 beds or more, no more than two under-occupancy supplements are available per property. If guests wish to under-occupy by more than two beds, the full current basic price is payable for any other empty beds. The applicable room allocated the empty bed/s will be the cheapest available room in the property (ie. lowest or nil room supplement).

e) Deposit
When you confirm your booking you must pay a deposit of £115 per person plus insurance premiums by credit or debit card, and send in your completed booking form.

f) Insurance - IMPORTANT
Travel insurance is essential on any holiday and it is a condition of booking that you have travel insurance offering at least the same or better cover as our own policy, which must be effected in either case at the time of booking, as it cannot be added subsequently. No liability will be accepted for anyone travelling without adequate travel insurance. Our insurance does not cover non-UK residents. Insurance policies usually specify the maximum amount covered in the event of any loss or damage and most do not cover mobile telephones and some may have exclusions for certain “extreme” sports. We suggest you check the limits of cover of your chosen policy. Total Holidays cannot accept responsibility should any losses exceed the amount for which you can claim. IMPORTANT NOTES ON TOTAL INSURANCE - Policy Document: This is available on our website, or by post on request. You must read the document carefully as it gives full details of what is and what is not covered and full terms and conditions including declaration of material facts. Cooling-Off Period: If, after reading your Total insurance policy, you are not satisfied for any reason, you can write to us within 14 days of contract in order to receive a full refund of premium, provided that a claim does not exist and travel has not taken place. Guests not taking our insurance must accept full costs and liabilities normally covered by our policy, which includes cancellation, curtailment and expenses resulting from a delayed journey to/from resort, mountain rescue and repatriation. An alternative policy must not expire until after the return date to the UK.

g) Adding Extras
Extras e.g. ski-packs or ‘Snow Sensations’ featured in the brochure should be requested at time of booking. No guarantee is given that any extras can be added later. If it is possible to add items later, these will be charged at the then current selling price, not at the price valid at the time of your original holiday booking.

h) Paying the balance
The balance of your holiday cost will be shown on the final invoice and must reach our offices at least 10 weeks before your scheduled departure. If your booking is made within this period, the full amount will be payable straight away. Late payment will incur a charge of £15 per day per booking reference. If you have not paid the balance by the date it is due and fail to respond to requests for payment, we reserve the right to cancel your booking. You will be liable to pay cancellation charges as set out in paragraph 5(c).

i) Discounted Holidays
We reserve the right to sell holidays at a discount and you may therefore share accommodation with guests who have paid a lower price. Late bookers paying discounted prices are likely to occupy the least attractive rooms and have little or no choice of resort, accommodation. If you are booking a “late deal”, we reserve the right to make an additional charge for coach transfers and other items included in brochure-priced holidays. If this applies, you will be notified at the time of booking. Discounted holidays are sometimes available for unnamed accommodation. Before booking such a holiday you should ensure that you would be happy to stay in any of the properties featured in our brochure or on our website. (NB: These Booking Conditions apply only to brochure-priced holidays from this First Edition brochure. Different conditions apply to non-brochured discounted holidays, and these are available on our website (www.skitotal.com), or by post on request.

j) Carriage of skis/snowboards
Ski boots and snowboard boots are carried as part of your normal luggage allowance. To ensure carriage of skis and snowboards, please advise us at the time of booking of your ski/snowboard carriage requirements and confirm to us the number of pairs of skis and snowboards you wish to carry. Pre-booked skis/snowboard carriage is £29 return per snowboard or pair of skis. Carriage of skis/snowboards presented for check-in at the airport without being shown as pre-booked on your confirmation invoice cannot be guaranteed and, if carried, will incur a charge of £39 return per snowboard/pair of skis, payable at the airport in cash prior to check-in. Some aircraft have limited capacity for skis/snowboards, and space is allocated on a ‘first come, first served basis’. These flights do not operate a ‘pay at the airport’ alternative, and no liability is accepted by Total Holidays if you do not pre-book carriage and the airline is unable to carry your equipment. k) Prices and discounts featured in this brochure and on our website supersede any previously published prices and discounts.

l) Child Prices: The FREE child places apply always to the youngest child in that room, and are restricted to one per two full-paying adult guests. Child reductions shown do not apply to room/airport supplements, insurance, ski-packs etc. which are payable in full. All the prices and reductions shown are valid at the time of printing but are subject to change at any time. The correct current price and child reductions if applicable will be advised at the time of booking and confirmed on your confirmation invoice.

m) Payment in resort for ski-pack items, optional activities, bar-bills etc must be made at the point of booking (bar bills normally on Friday) in local currency cash, or by debit card (small local charge) or by credit card (2% charge). Card payments will be taken in sterling converted from the local currency price at the applicable exchange rate at that time. We reserve the right to involve local police or terminate the booking if due payments are withheld for any reason.

4 ALTERATIONS OR CANCELLATION OF THE BOOKING BY US

a) Alterations before your holiday
Because travel arrangements and programmes are planned many months in advance, it is sometimes necessary to make changes or cancel the arrangements altogether. Therefore, we must reserve the right to make changes after we have entered into this contract. Although your confirmation and subsequent invoices will show the latest route timings, these will not be confirmed until your e-tickets are sent and occasionally may change after this, due to circumstances outside our control. Usually only minor changes are made to arrangements, which we are not obliged to advise and for which no compensation or refund is due. However, should a major change be made (as defined below) we will advise you as soon as we are in a position to do so and you have a number of options available to you, subject to “Compensation payment exceptions” below:
Minor Changes - these include change of airline, flight time by less than 12 hours, routings, aircraft type or overseas arrival airports/seaports and any other change not specified under Major Changes below. Major Changes - these include changes of UK airport (excluding a change of London airport), departure points; resort; time of departure from the UK delayed by more than 12 hours; accommodation of a lower official classification; cancellation of holiday.

If we alter your booking in any way which amounts to a major change as defined above or if we cancel the original booking within 70 days of the scheduled departure, you will have the option to:
(i) accept the new holiday arrangements offered by us, or
(ii) purchase another holiday from us (if available), at the current selling price, or
(iii) cancel your holiday with us altogether and receive a full refund of all monies paid and received by Total Holidays.

You must advise us which option you wish to accept within 7 days of notification. If you do not do so, we will assume you have chosen to accept the alternative holiday arrangements offered. Whichever option you choose, you will be entitled to compensation as outlined in the table below, subject to “Compensation payment exceptions” in paragraph 4(b). If you contact us but seek to refuse all three contracted options above, we reserve the right to cancel your holiday at that time and refund all monies paid and received by Total Holidays.

Period before scheduled departure within Compensation which a Major Change or booking cancellation per paying is notified to you or your travel agent person More than 70 days Nil 43 - 70 days £15 29 - 42 days £25 15 - 28 days £30 0 - 14 days £40

b) Compensation payment exceptions
Compensation payments or refunds will not be made where cancellation or change is due to unusual or unforeseen circumstances beyond our control known as “force majeure” such as but not limited to: war or threat of war, riots, civil strife, terrorist activity, industrial disputes, natural or nuclear disasters, epidemics, health risks, fire, technical problems with transport, closure or congestion of airports, stations or ports, cancellations or changes of schedules by carriers due to adverse weather conditions; or where we cancel the holiday as provided for in 3(h) above or 4(d) below. Compensation will not be paid to adults or children travelling on a free place and will be paid on a pro-rata basis of the adult rate where children have received a reduced rate. These compensation payments do not apply to discounted holidays.

c) If we change your holiday arrangements during the holiday
In the unlikely event your accommodation is not available on your arrival due to a situation outside our control, of which we may not have been notified in time to advise you before your departure, we will endeavour to provide accommodation of equivalent standard in the same area. If we are unable to do so we will refund the difference in price together with a compensation payment of £40 per person, subject to “Compensation payment exceptions” above. If during your holiday it is necessary for us to make any changes to your return transport arrangements, we will make the best suitable arrangements and advise you as soon as we are in a position to do so. If this involves a change of UK arrival point we will make onward arrangements to transport you by coach or otherwise at our election to your original place of departure and pay compensation of up to £40 per person subject to “Compensation payment exceptions” above.

d) Your conduct
We reserve the right to refuse to accept a booking or to cancel, without further liability by us, an existing holiday booking of any prospective guest (and connected party members who are unable or unwilling to retain their bookings when applying any consequential price adjustments), if in our reasonably held opinion:
i) you behave either during the process of booking or subsequently or on holiday, in an excessively aggressive, antagonistic or threatening manner towards any member of our staff or the company or fellow guests, or
ii) there has been unacceptable conduct of any kind related to any previous booking with the company, or
iii) there is outstanding liability to Total Holidays, regardless of whether or not the company is on notice of any set-off or counterclaim. The right of cancellation in (ii) and (iii) above shall be exercised with reasonable advance notice where practicable.

5 ALTERATIONS OR CANCELLATION OF THE BOOKING BY YOU

a) If you change your booking: If you wish to make any changes to your holiday booking, including name changes, once we have issued a confirmation invoice but outside the cancellation period outlined below, we will do our best to help. However, we may not always be able to meet your request and have no obligation to do so. Where it is possible to meet your request, the total holiday cost will be recalculated in accordance with any new arrangements, taking into account under-occupancy supplements, flight supplements, any applicable cancellation fees or other extra charges payable and a new confirmation invoice will be issued. We will charge you an amendment fee of up to £25 per person. If you wish to add any extras or additional passengers onto the booking and we are able to confirm this, no amendment fee will be charged provided the amendment is made more than 21 days before the date of departure. As many of our flights with scheduled airlines are based on special fares and have restrictions on changing names, initials etc., even before e-tickets are issued, we will be forced to pass on any airline costs should you wish to make any changes to the spelling or name on the e-ticket. There will be a charge of up to £50 for changing names on charter flights once e-tickets have been issued.

b) Transferring your booking
Transferring your booking If you are prevented from travelling, you may transfer your booking to another person or group as long as you give us 21 days’ notice and the arrangements remain exactly the same as the original booking. You must also agree to pay any charges we may incur or reasonably levy to make this change. For the purpose of this contract we define "prevented" to be death, accidental injury, illness, witness summons, redundancy of yourself or travelling companion or the death, accident or serious illness of a close relative. If you wish to transfer your booking to another Total Holidays programme, thereby changing the arrangements completely, this will be treated as a cancellation with loss of deposit and, if applicable, cancellation charges as set out below and it will be necessary to re-book another holiday.

c) Cancelling any part of your booking

If you wish to cancel the holiday of one or more members of your party, the party leader named on the booking form, or your travel agent, must advise us immediately by writing to us (sending the letter by recorded delivery, with the postal receipt kept as proof), at Total Holidays, 185 Fleet Road, Fleet, Hampshire GU51 3BL. Verbal cancellations will not be accepted. Cancellation periods are calculated from the date your written notification of cancellation is received in our offices. If you cancel prior to the scheduled date of departure, you will be liable to pay the cancellation charges set out in the table below. The term "total holiday cost" in the table means the total holiday cost for all persons cancelling and shown on our invoice and includes extras such as ski-packs etc. Period before scheduled departure Cancellation charge date when your cancellation expressed as a % notification is received of total holiday cost 70 days or more Deposit and insurance 28 - 69 days 55% 15 - 27 days 70% 0 - 14 days 100% Departure date/no show 100%

In addition to the above charges, if one member of your party wishes to cancel, this may mean that the accommodation booked will be under-occupied and result in the other members having to pay any additional applicable supplements or child discount changes to retain the booking. If you choose to cancel your holiday on the day of departure due to circumstances beyond our control, e.g. as a result of an extended flight delay, no compensation or refunds will be payable by ourselves and any such claims should be forwarded to your insurers. This clause does not affect your statutory rights. Insufficient snow in resort is not considered a reason to cancel.

d) If you change the arrangements whilst on holiday
If you wish to make any changes whilst on holiday to the arrangements we have been contracted to provide; for example, upgrading your accommodation, changing resort, extending or reducing your holiday duration, all such requests will be subject to availability and any extra costs, including cancellation charges, must be met by you and paid locally. As this alters the basis of your booking contract, it is essential such changes are arranged through us in writing, either with our local representative/agent, area office or, if this is not possible, our head office in the UK.

6 SECURITY AND STANDARDS

As an established specialist tour operator of some 26 years we can assure you of our high standards.

ATOL - When you buy an ATOL-protected air holiday package from Total Holidays, you will receive a confirmation invoice from us (or via our authorised agent through which you booked) confirming your arrangements and your protection under our Air Travel Organiser’s Licence 2096. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information, visit the ATOL website at www.atol.org.uk. The price of our air holiday packages includes the amount of £1 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. For further information, visit the ATOL website at www.atol.org.uk

ABTA -
Ski Total is a trading name of Esprit Holidays Ltd, which is a member of ABTA with membership number V3614. ABTA and ABTA members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint, contact ABTA, 68-71 Newman Street, London W1T 3AH Tel: 020 7637 2444 or www.abta.com .

Our ABTA Bond provides financial protection, in the event of our insolvency, for the money you have paid and that has been received by us for your non-flight-inclusive holiday and for your repatriation.

7 OUR LIABILITY TO YOU

If the contract we have with you is objectively proven to have been not performed or improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your holiday arrangements. The implied terms of contract with regard to reasonable skill and due care, shall be deemed to have been complied with when provision has conformed with local regulations or, in their absence, then with local custom. In making your booking, you accept that our liability is limited to assessment of the circumstances of your own particular booking reference. We shall not have any liability to you for loss of holiday enjoyment or otherwise from circumstances pertaining to any other booking reference, unless the bookings were made at the same time and are identified as linked bookings on your confirmation invoice. We shall not be liable where any failure is due to you or a third party unconnected with the provision of the holiday arrangements nor where the failure is unforeseeable or unavoidable nor where unusual circumstances arise beyond our control, the consequences of which could not have been avoided even with the exercise of all due care. Our liability to you (excluding that for personal injury, illness or death) will be limited to twice our invoiced cost of your holiday. Our liability will also be limited as provided in the contractual terms of the companies that provide the transport. These terms are incorporated into this contract. We shall have the benefit of all limitations on compensation contained in any relevant international convention, such as the Montreal Convention for travel by air, the Athens Convention for travel by sea, the Berne Convention for travel by rail and the Paris Convention in respect of the provision of accommodation. Conventions limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. Copies of all such terms are available on request from us.

Under EU law you have the right in some cases to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delays to flights (except where due to weather conditions or other ‘force majeure’ circumstances). Details are publicised at EU airports and are available from airlines on your request. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us and the provisions of clause 5 above apply. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules, you should complain to the Air Transport Users’ Council on 0207 240 6061, www.auc.org.uk .

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.

a) Personal injury and illness We can only accept responsibility for death, bodily injury or illness caused on holiday if it is proved that this is due to the negligence of our employees or suppliers acting in the course of their duties in the supply of the inclusive elements of the holiday and this is brought to our attention both in resort and in writing within three months from your return from holiday. We shall not be liable where any injury, illness or death was caused by circumstances which could not have been predicted by or avoided by the person responsible even with the exercise of all due care.

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.

b) Refunds
If you have booked any special tours, excursions or packages and these are entirely unavailable due to adverse weather conditions or other 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.

c) 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 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, and/or requiring recompense for any consequential costs which the Company may incur. 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.

d) ‘Snow Sensations’ & other activities
Please note we do not operate any of these activities ourselves and arrangements are made by us acting as your agent and not as principal. We endeavour to ensure that all activities contracted through us are undertaken with reasonable skill and care in accordance with local laws, regulations and customs. However, it is not feasible to make the activities completely risk-free and it is a condition of your booking that you accept that you are taking risks and that it is your responsibility to be insured to the levels reasonably required for your circumstances. We shall be liable for what our agents and suppliers do or omit to do if they were at the time undertaking only such work as they were contracted by us to do and it is proved that they failed to exercise reasonable skill and care in accordance with local laws, regulations and customs. 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 detai