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 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, Total Holidays’ liability shall be restricted to providing a full refund of monies paid for the activity concerned. 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, 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.

8 YOUR LIABILITY TO US

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. 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, and you are responsible for meeting any charges levied by either the owner, supplier or Total Holidays to rectify such situations. If payment is not made in resort, you will be required to give a signed undertaking to reimburse Total Holidays 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.

9 COMPLAINT RESOLUTION

Any problems must be brought to the attention of our representative/agent and the relevant supplier whilst you are on holiday. They will make every effort to achieve a satisfactory solution. 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. 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 Chartered Institute of Arbitrators (CIA) 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 CIA within 9 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/Chartered Institute of Arbitrators 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 requests or from www.abta.com.

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.

11 ADMINISTRATION CHARGES

a) Administration Charges
We reserve the right to make an administration charge in certain circumstances, such as special ticket dispatch, extra administration relating to late bookings within 14 days of departure etc. The charge is usually up to £15 per person but may be higher to cover special ticket dispatch costs. This charge does not relate to making amendments to your booking, see paragraph 5(a) ‘If you change your booking’.

b) Lost Property
A report of any lost item must be made immediately to the Total Holidays representative, if still overseas, or to the UK office within 2 days of return. If found, the return of your lost property will carry an administration fee of £25, plus the cost of posting the item. No item will be returned unless these costs are met. We cannot guarantee the return of any item of lost property.

12 JURISDICTION

This contract is governed by the laws of England and Wales and exclusive is conferred on the English and Welsh Courts. No Total Holidays employee or representative 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.

13 ACCURACY OF BROCHURE/WEBSITE/CHALET INFORMATION

To the best of our knowledge the information contained in this brochure and the 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 bath, hot tub, TV/DVD player or other Total supplied facilities 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 this 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 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 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.

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 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 (for example in the case of the location of children’s ski areas) at any time.

Total Holidays 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 hotel and chalet briefing folders are not intended to be recommendations.

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 the method of carriage, (e.g. a coach transfer may be necessary from one UK airport to another), to enable us to fulfil our obligation to transport you to and from the resort or your UK departure airport.

a) 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 two 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.

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 or group as they would wish.

Light refreshments or a meal are served on both the outward and inward flights to all passengers aged two years and over. Complimentary drinks are tea/coffee for adults and water or a soft drink for children and are served with the snack or meal except on the BA scheduled Manchester/Innsbruck. Any additional drinks including soft drinks will be charged for.

b) Flight Changes, Delays and Diversions
If our charter flight is delayed over six hours, Total Holidays 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 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.

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 will be provided with your travel documentation. Total Holidays and the airline do not offer compensation for inconvenience or loss of holiday time caused by flight delays or diversions. Similarly, it is not possible to obtain refunds for any unused accommodation, facilities, activities,, 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, Total Holidays will provide reasonable assistance with alternative arrangements, but any costs incurred must be borne by you and claimed on your travel insurance as appropriate.

c) 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 Total Holidays 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. Total holidays accepts no responsibility for luggage lost by the airline, airport or coach company directly and use your travel insurance for any resulting claim.

d) 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. Please note if you are unable to reach or leave your resort due to force majeure circumstances such as road closures, weather or traffic conditions etc, Total Holidays will provide reasonable assistance with alternative arrangements, but any costs incurred must be borne by you and claimed on your travel insurance as appropriate. 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 two years 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 hotels and chalets are not situated close to coachaccessible 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. In the event of a flight diversion to an outbound flight for whatever reason, Total Holidays 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.

e) Independent Travel/Accommodation Only bookings
Please note that you should plan to arrive at your accommodation after 2pm on Sunday and leave by 10am on your departure day. Some properties have parking spaces for self-drive guests, others have limited or no spaces. Public parking in resort is always subject to availability and may incur a charge which you pay locally. If arranging your own flights, y