1. THE CONTRACT
These Booking Conditions, together with our privacy and data protection policy, and any other written information we brought to your attention before we confirmed your booking form the basis of your contract with Hotelplan Ltd, trading as Esprit Ski of Mountain House, Station Road, Godalming, Surrey, GU7 1EX (Company No: 350786). Please read them carefully as they set out your respective rights and obligations.r
The Booking Conditions govern bookings made through our telephone reservations team or via any third party agent and you will be deemed to be bound by these conditions on confirmation of your booking through any of these channels.
When booking, you guarantee that you have authority to accept and do accept on behalf of your party, the terms of these Booking Conditions, and that you have brought the terms of the holiday contract to their attention. You confirm that you are aged 18 or over and are responsible for any payments made through your preferred method. It is your responsibility to ensure you have sufficient funds to complete the transaction and you have the correct authority to act on behalf of the credit/debit card holder, where applicable. 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 0025) and ABTA membership (number V4871).
Because the Main Edition brochure is published so far in advance of the 2015/16 ski season, not all contracts for accommodation, flights and other travel services will have been finalised at the time of going to press. If, when these contracts are finalised, there is any change to your holiday arrangements which we regard as significant, we will notify you of this in accordance with Section 4 of these Booking Conditions. Please note that the early booking ’Family Saver’ offers and child and group reductions only apply to the Main Edition, and may be changed or withdrawn at any time and may not be available at all in future editions.
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 Main Edition brochure/website also forms part of the booking contract (subject to clauses 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 by email. If you do not receive this invoice within 14 days, please contact us to make sure that your booking has been confirmed by us. Please be aware that where an email address is provided at the time of booking, pre-departure correspondence will primarily be undertaken by email.
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 without delay.
3. HOLIDAY PRICE, CONDITIONS AND PAYMENT
The prices and conditions apply to our Main Edition brochure and website 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 from May 2015: €1.32.
All price promises in this Main Edition brochure/website relate to brochure-priced holidays only and not to any non-brochured/late availability discounted holidays. Esprit Family Savers and other offers/discounts are not applicable to non-brochured/discounted holidays. Our Esprit Ski ‘Baby and Toddler Week’ offers are available during specified weeks only, as advertised the BAT section of the website..
The ‘Save up to £955’ value on the cover and on site are the savings that can be made for a family of 4 (2 adults and 2 children aged 2-5) travelling to the Ducs de Savoie in Val d’Isere on 31st January 2016 including Cash-Back, Baby and Toddler Savings, ski pack offers and child care savings.
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), or directly arising from government action in the UK or abroad e.g. increases in taxes or security charges. You will be charged for the amount over and above that, plus an administration charge of £1 together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice.
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, £2.50 per person ATOL Protection Contribution (APC), all known current airport taxes including the Government Air Travel Duty of £13 per passenger on flights to European countries subject to clause 3(a) above, and fuel supplements as at May 2015.
c) What the price does not include
Any applicable Late Booking Administration Fees – see clause 11(a).
If you lose your e-tickets whilst on holiday, this may result in your having to purchase new e-tickets at full cost.
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 costs 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. A small charge may also be made for debit card payments in resort and for late or discounted bookings.
Amendment fees – see clause 5(a) ‘If you change your booking’.
Please note that the invoicing party will be Hotelplan CC Services GmbH, located in Erich-Weinert-Strasse 145, 10409 Berlin, Germany.
We ask you to contribute towards the costs 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 one third of the basic adult air-inclusive price shown in the price panel per empty bed space. If a group wishes to have exclusive use of a chalet, we reserve the right to limit the number of beds left unoccupied. Please check with our reservations staff if you wish to pay empty bed supplements for more than 20% of the beds in a chalet. During peak periods this percentage will also generally be reduced. Infants occupying cots do not count towards occupancy figures.
At the time of going to press, the implication of proposed legislative changes to maximum chalet occupancy in France is unclear. With this in mind, and pending the outcome of these proposals, we reserve the right to advise of any necessary changes to the brochure maximum occupancy. If the occupancy level is increased and saleable beds released, we will contact you in accordance with clause 4a of these conditions, treating it as a ‘Minor Change’.
Please note that some of our chalets are assigned to host our Child Care Supervised Lunch, which will be detailed in the resort and/or property description. This may affect guests’ access to the chalet’s communal areas during lunch-time, so if this is important to you, please book a chalet which does not host Child Care lunches.
When you confirm your booking you must pay a deposit of £150 per person plus insurance premiums by credit or debit card. This deposit is payable in full by all party members, including those travelling on free or reduced price places. If it has been necessary for us to secure scheduled or low cost flights or specific facilities such as business class supplements which require full payment at the time of booking, and are non-refundable in the event of cancellation, you will also be required to pay such costs in full at the time of booking.
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 that which we recommend, details of which can be viewed on our website. The policy does not cover non-UK residents. No liability will be accepted for anyone travelling without adequate travel insurance. 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. Please note that many policies offered free by banks or credit card companies do not cover winter sports in their standard cover. We cannot accept any liability for guests not taking our recommended insurance who incur 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. Any alternative policy must not expire until after the return date to the UK and we recommend that you arrange your insurance at the same time as confirming your booking.
IMPORTANT NOTES ON ESPRIT SKI INSURANCE
Policy Document: 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 insurance policy, you are not satisfied for any reason, you should contact the provider within 14 days of contract in order to receive a full refund of the premiums paid, provided that a claim does not exist and travel has not taken place.
g) Adding Extras
Extras e.g. child care and ski-packs (if any) featured in the brochure should be requested at time of booking. No guarantee is given that any extras can be added later. If you add ski packs etc after confirming your booking, you will be charged the price applicable at the time those extras are booked, not at the time the holiday itself was booked, by which time ski pack offers may have expired. Brochure prices may change at any time.
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. We do not usually send reminders of money owing. 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 clause 5(c). Bookings made from overseas incur a charge of £30 per booking to cover extra costs incurred. Please Note: a late booking charge of £20.00 per booking will be levied for all bookings made within 14 days of departure.
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. You will not be entitled to any refund or difference in cost in any circumstances in the event that a holiday that you purchase is subsequently discounted within the same season or at short notice. Late bookers paying discounted prices are likely to occupy the least attractive rooms and have little or no choice of resort, accommodation and child care. 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.
In the event of a complaint regarding any aspect of a ‘discounted holiday’ (i.e. one sold with a non-brochured discount), we reserve the right to take account of this discount when assessing any compensation or goodwill payment in response to such complaints. E.g. if there are issues which would ordinarily merit recompense for someone who had paid the full value brochure price, the amount of non-brochured discount you received when making the booking will first be deducted from any such payment. If the discount already received is the same or bigger than the compensation value calculated against the full-price holiday, then no compensatory payment will be payable on top of the discount benefit already received.
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 the number of pairs of skis and snowboards you wish to carry. Pre-booked skis/snowboard carriage on our charter flights is currently £35 return per snowboard or pair of skis (current price to be advised at time of booking). Ski/snowboard bags presented for carriage containing more than one pair of skis/snowboard where the appropriate charge per set of equipment has not been pre-paid will be charged for at check-in and we reserve the right to take this into account when making any retrospective adjustments/refunds. 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 carry a charge of £49 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. On scheduled flights, a per sector charge is made (i.e. outbound and homebound) and is payable either at check-in or by calling the airline direct. Charges are generally considered higher than those charged on our charter services and you may wish to consider pre-booking equipment hire in your resort. Check the airlines’ website for up-to-date ski carriage charges. Ski carriage on scheduled flights will be charged at the rate applicable at the time tickets are issued. No liability is accepted by Hotelplan Ltd 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/Infant 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, child care, 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) In-resort purchases
Payment in resort for ski-pack items, optional activities, child care or other items booked in resort must be made at the point of booking in local currency cash, or by debit card (small local charge) or by credit card (1.5% charge). Card payments will be taken in sterling converted from the local currency price at the applicable company exchange rate at that time. Exchange rate fluctuations may mean that the Sterling price paid may not be exactly the same as the cost in local currency in your resort. Where paying with a Euro or Swiss Franc currency card, the local currency price in addition to a handling charge will be debited from your account. Card payments cannot be processed after the Thursday of your holiday, so cash payments are required for later settlement. We reserve the right to involve local police and/or deny return travel if due payments are withheld for any reason.
n) Travel Agent Bookings
If you book through a Travel Agent they will act to pass information from you to us and vice versa. They will also receive payment from you for their holiday. All monies you pay to the Travel Agent are held by them on our behalf at all times. Any advice given to you from your Travel Agent which is not based on advice given to them by Esprit Ski is their responsibility and in these circumstances we do not accept liability if incorrect advice is given to you by your Travel Agent.
Our holidays may appear on websites operated by Travel Agents or other third parties. We have absolutely no control over the contents and practices of these websites. We accept no responsibility for the contents and practices of any third party websites, including travel agency sites, and you access and rely upon these solely at your own risk.
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 – examples of minor changes include change of airline, flight time by less than 12 hours, routings, aircraft type or overseas arrival airports, changes to Esprit Ski Child Care (e.g. Ski/board class not available due to lack of numbers), ski pack, ski carriage arrangements or luggage allowance on flights (including luggage allowance changes if carrier changes), room type changes, loss of facility in room type/accommodation booked and any other change not specified under Major Changes below.
Major Changes – these include changes of UK airport (excluding a change of London airport or a change between Gatwick, Heathrow, Stansted and Southampton airports); transportation method; resort; time of departure from the UK delayed by more than 12 hours; accommodation of a lower official classification; cancellation of holiday. These changes are only illustrations and there may be other significant changes which constitute major changes. 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 Hotelplan Ltd.
You must advise us which option you wish to accept within 7 days of notification. If you do not contact us within 7 days, 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 clause 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 Hotelplan Ltd.
|Period before scheduled departure within which a Major Change or booking cancellation is notified to you or your travel agent||Compensation per paying 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, government actions, natural or nuclear disasters, epidemics, health risks, fire, technical problems with transport, adverse weather conditions affecting resort access and/or operation, 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 clauses 3(h) above and 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) Prompt Assistance in Resort: If the package holiday contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.
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 or the opinion of any person in authority:
i) you behave either during the process of booking or subsequently or on holiday, in an excessively aggressive, antagonistic, abusive or threatening manner towards any member of our staff or the company or other 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 Hotelplan Ltd, 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 £35 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 some 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 £75 for changing names on charter flights once e-tickets have been issued. If additional people are added to your booking, they are added on the understanding that they have also accepted the full version of these Booking Conditions.
b) Name changes and transferring your booking
No charge will be made for name changes notified to us within 14 days of the first confirmation. Thereafter, a charge of £15 (£25 if tickets have been issued) will be made for each name change. However, different conditions apply for holidays utilising non-charter flights and may incur cancellation charges on a scale of £100 upwards.
Other amendments will attract a charge of £35 per person. Please note all changes requested within 10 weeks of departure will attract cancellation charges (see below). The only exception is where the change is to substitute a party member where that person is prevented from taking their holiday. 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. In this situation, that person may transfer their booking to someone else provided we are notified not less than 7 days prior to the scheduled departure date. Should the number of persons travelling change, the price will be recalculated on the basis of the new party size. Any increase in price per person payable as a result of a part cancellation (e.g. an under-occupancy charge in any accommodation, a sole occupancy charge or a change in the level of a group reduction) will be indicated on the revised invoice. Group discounts will not be increased as a result of additions to the group. If the group size reduces, discounts will be reduced accordingly.
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, or your travel agent, must advise us immediately by writing to us (sending the letter by recorded delivery, with the postal receipt kept by you as proof), at Hotelplan Ltd, Mountain House, Station Road, Godalming, Surrey, GU7 1EX. 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 child care.
|Period before scheduled departure date when your cancellation notification is received||Cancellation charge expressed as a % of total holiday cost|
|70 days or more||Deposit|
|28 – 69 days||60%|
|22 – 27 days||80%|
|0 – 21 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. Insufficient snow in resort is not considered a reason to cancel.
Prior to departure, any cancellation of pre-booked items will incur an administration fee of £25 per person.
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 office in the UK.
6. SECURITY AND STANDARDS
As an established specialist tour operator of some 34 years we can assure you of our high standards.
The air holidays and flights in this brochure are ATOL protected and our ATOL number is 0025. ATOL stands for Air Travel Organiser’s Licence and is a financial protection scheme backed by the UK Government for all holidaymakers booking an air-inclusive package or a flight only. By law, every UK tour operator which sells air holidays and flights is required to hold an ATOL. If a tour operator with an ATOL ceases trading, the ATOL scheme protects customers who had booked holidays with the firm. The scheme is designed to reassure customers that their money is safe, and will provide assistance in the event of a travel company failure. In the event of insolvency, customers are obligated to assign their rights to the Air Travel Trustees.
Your holiday price includes the ATOL Protection contribution (APC) we pay to the CAA. This money creates a fund that is used by the CAA to protect consumers.
Esprit Ski will automatically provide an ATOL Certificate when an eligible ATOL protected holiday is booked with us. In accordance with the CAA regulations this certificate will explain exactly which elements of your holiday are protected if an ATOL-protected tour operator fails. Where we act as a Selling Agent for the Service Provider (such as any extra add-ons i.e. excursions), notwithstanding our Agency position, we voluntarily accept all the obligations that flow from the ATOL Regulations for the purposes of financial protection under this scheme.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative).In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable).You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
ABTA – Hotelplan Ltd is a member of ABTA with membership number V4871. 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 Ltd, 30 Park Street, London, SE1 9EQ. Tel: 020 3117 0599 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
We will accept responsibility for the package holiday arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these Booking Conditions, if we or our suppliers perform or arrange your contracted package holiday arrangements negligently, taking into consideration all relevant factors (for example following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday), we will pay you reasonable compensation. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description directly arising out of the package holiday services if it results from:-
(a) the act(s) and/or omission(s) of the person(s) affected;
(b) 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
(c) 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
(d) an event which neither we nor our suppliers could reasonably have foreseen or forestalled, even with all due care.
In addition, we will not be responsible (i) where you do not enjoy your package 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 your package holiday contract (see clauses 7d and 16). This includes, for example, ski packs booked before or after departure, excursions, and any additional services or facilities which any other operator or supplier agrees to provide for you which do not form part of your package holiday.
In respect of travel by air, sea and rail, our liability will in all cases be limited in accordance with and/or in an identical manner to 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 maximum 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 your 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 Civil Aviation Authority on 020 7379 7311 www.caa.co.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. Your right to a refund and/or compensation from us is set out in clause 5.
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) In all cases except where personal injury, illness or death results, our maximum liability is limited in total to twice the holiday price of the person(s) affected.
If you have booked any special activities, excursions or other services which do not form part of your holiday contract and these are entirely unavailable due to circumstances beyond our control, claims should be made under your own travel insurance policy. Please note refunds will not be made for any unused portion of your package holiday travel or accommodation arrangements which is not attributable to any failure on our part or the part of our suppliers to provide these services. Refunds under our Child Care Guarantee are limited to an absolute maximum of the amount paid pro rata for the relevant ski lesson, Snow Club Nursery, Cocoa Club, Supervised Lunch or other Child Care session.
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 property facilities which are not advertised by us and do not form part of your package holiday contract.
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 Esprit Ski employee or supplier’s representative or any other person in authority 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.
d) Resort development & noise
If we are informed of any building works at or close to your accommodation that may in our reasonable view significantly affect the enjoyment of your holiday, we will do our best to forewarn you about it prior to your departure. Please note that such works may not be carried out by the providers of accommodation featured in our brochure, and may be outside of their control. We would urge you to read the resort and chalet/Chalet Hotel descriptions carefully to identify sources of noise which might exist or might be expected to exist, i.e. roads, bars, discos, etc. However, it is impossible to predict noise created by individuals, machinery or traffic, i.e. temporary noise disturbances. Live music/noise from bars which are adjacent or part of any properties we feature may extend their opening hours, especially on public holidays, and opening times may differ from those published. On occasions, the sites of building work may lie dormant during the winter months, with no work resuming until weather conditions improve in spring/summer, although some machinery, cranes, scaffolding, etc may remain in situ throughout. We will not ordinarily pre-advise guests of such non-operational sites. We will not always be aware of all/any works or festivities occurring in your resort, therefore will be unable to advise you before you travel. Equally, if a lift office, ski school or tourist board deem it necessary to amend, cancel or change facilities or services offered, that is done entirely at their discretion, not ours. If works are due to be carried out across more than one season, we will update guests once the season has started and not before, as things may change at any time.
Any activities, excursions or ski packs that you may choose to book or pay for in addition to your package holiday either at the time of booking, before departure 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 Hotelplan Ltd. Where you have booked an activity, excursion or ski pack before departure or in resort we act as a Booking 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 including hazardous 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, providers 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 and some activities will require excess payments to be made for insurance purposes to partake in that activity. Each specific supplier will provide more details in resort.
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 provider for any reason, any refunds must be negotiated directly with the provider and cannot be guaranteed by us as we act as an agent and are not responsible for the provision of the service or activity normally. No refunds or compensation will be paid by the service providers 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 provider’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.
f) Ski Host Service
Our free Ski Host Service does not form part of your package holiday contract, nor does it constitute any part of your package holiday cost. Esprit Ski reserves the right to restrict or curtail this free service at any time. The service is offered locally to our guests, aged 18 and over, as a free service planned to be available 3 days per week, and includes ‘ski away-days’ (where offered). Please note that this service is absolutely not a substitute for ski-school and no tuition will be offered. Guests should be able to ski down red runs confidently and whilst it is the guest’s responsibility to judge their own ability, any decision made by the person operating the Ski Host service shall be final and binding. 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 Esprit Ski staff. (You may be aware that Ski Hosting by British tour operators was recently banned by the French and Italian authorities and also in some Austrian resorts. We are appealing against this decision, but unless/until it is overturned, we regret that we are unable to offer our Ski Hosting service anywhere in France, Italy and certain Austrian resorts.) At the time of printing, Obergurgl in Austria is the only resort where we are able to offer our Ski Host Service. 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 as this is a purely ‘social’ service, our staff do not have professional skiing, mountain guiding or first aid qualifications. All winter sports activities involve an element of risk and it is your personal responsibility to act with due care at all times and to have appropriate insurance in place.
g) Pre-booked Excursions & Activities
Most of our excursion and activity partners in resorts have been trusted Esprit partners for many years, and all have been vetted and approved by our senior overseas managers. When you book any excursion or activity advertised in our brochures / on our websites, you can therefore rely on the supplier’s credentials, service levels and professionalism, and of course on the services of your Esprit Ski Representative or local agent to help with every slightest detail of the arrangements for you. If however you, or your travel agent on your behalf, choose to book any excursion or activity directly with a third party supplier, please note that Esprit Ski accept no liability whatsoever for any aspect of its operation. This includes a) that our Reps will not be able to provide our normal high levels of service to you in respect of such arrangements, or even basic details of pick-up times or locations, as these will not be provided to us by the companies concerned if the booking is not through ourselves, and b) that all applicable complaints, whether in resort or subsequently, and any claims for personal injury, refunds or compensation must be addressed to your chosen excursion/activity supplier directly, or to your travel agent as appropriate.
8. YOUR LIABILITY TO US
In booking with Esprit Ski, you acknowledge and accept that booking a chalet, Xtra Chalet or Chalet Hotel style of holiday is not the same as booking ‘a hotel’ (see also clause 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 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. We appreciate that normal usage causes wear upon furniture, fixtures and fittings and this is always taken into consideration, but actual damage caused by guests, either by accident or negligence, must be paid for. You are responsible for meeting any charges levied by either the owner, provider or Hotelplan Ltd 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 Ski 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 Ski 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. We reserve the right to request a damage deposit or take a credit card imprint on arrival at your chalet/Xtra Chalet/Chalet Hotel (see clause 15p).
9. COMPLAINT RESOLUTION
Any problems must be brought to the attention of our Resort Representative/agent and the relevant provider whilst you are on holiday, and for any issues that remain unresolved a Guest Service Report form completed. The resort team and provider (as applicable) 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 your package holiday contract. If issues remain unresolved you should write, within 21 days of your return, to our Guest Relations Manager either by email to firstname.lastname@example.org 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, sending any supporting documentation that you believe will assist your claim, such as receipts and/or photographs. This will assist us to quickly identify your concerns and speed up our response to you. In all cases we recommend that only the lead name on the booking should write to us, in order to avoid any unnecessary delay in our response. In accordance with the travel industry’s recognised ABTA Code of Conduct, 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 or contact made via social media avenues 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.
Subsequent correspondence must be followed up in writing within 6 weeks of your receiving a full reply from us. If we are still unable to reach an amicable solution we, as a member of ABTA, can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we cannot resolve your complaint, go to www.abta.com to use ABTA’s simple on-line procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on 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 or will be fulfilled. Special requests do not form part of our package holiday 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 promptly, in writing. If you require the fulfilment of your request to be a condition of your package holiday contract with us, this can only be done if you advise us in writing and our providers agree they can meet your request and we confirm this back to you in writing, separately to the Confirmation Invoice. See also clause 15(c) with regard to dietary requirements.
11. ADMINISTRATION CHARGES
a) 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. The charge is usually £20 per person but may be more if required to cover exceptional costs of any kind, however the late booking fee of £20 can be avoided if 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 clause 5(a) ‘If you change your booking’.
b) Lost Property
A report of any lost item must be made immediately to the Hotelplan Ltd representative, if the loss is noticed whilst overseas. If the item is not found and returned to you prior to your departure, you must report the loss to our UK office within two days of your return from holiday by email to email@example.com, along with a substantive description of the item lost, including any branding/distinguishing features. 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 and arrangements for its return have been made via the UK office. 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.
This contract is governed by the laws of England and Wales and exclusive jurisdiction is conferred on the English and Welsh Courts. No Hotelplan Ltd UK or 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, nor can they enter into verbal agreements with our guests.
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 as part of your package holiday arrangement may become unserviceable during the season. If these are important to your package 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, and you have alerted us, in writing, to the fact that they are important to your booking, 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 package holiday, then it must be made a condition of the package holiday contract, by taking the steps outlined in clause 10. No refund of package holiday costs or compensation will otherwise be paid for the non-availability of any such facilities.
Our package holidays and other types of holiday arrangements may also be featured on websites owned and operated by travel agents and other organisations. We have absolutely no control over the content or maintenance of such sites and therefore we cannot accept liability for information contained on them.
The pictures shown in the brochure and on the website are included for their style and general relevance and are shown for illustration purposes and unless stated are not necessarily taken at the resort described. Photographs of rooms are intended to give an indication of the typical appearance, but rooms within chalets and Chalet Hotels will inevitably vary in size, furnishing and decorative style, 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. This is generally defined as being possible to ski to/from a point within 50m of that property, but may be obstructed by paths or foliage. We cannot be held liable if the local authorities and/or local property owners, including the owner of the chalet/Xtra Chalet/Chalet Hotel, makes changes to the property or surrounding area which affect the use of the intended ski in/ski out route.
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. We cannot be held responsible if you miss any, all or part of your ski lessons or other arrangements as a result of the late running or unavailability of these services.
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 resort facilities are not owned by Hotelplan Ltd, and 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.
Hotelplan Ltd cannot accept responsibility for any losses incurred as a result of industrial action in resort e.g. strike action by lift operators, bus drivers, ski schools etc.
Advertisements and descriptions of resort facilities in Chalet Hotel and chalet information folders are not intended to be recommendations.
Where a resort is described at being at high altitude or with “guaranteed snow”, this describes a resort with skiing over 2000 metres on its area lift pass and with a history of reliable skiing, but does not mean that skiable snow is guaranteed on all runs and all altitudes at all times or on the slopes of that individual resort.
14. TRAVEL ARRANGEMENTS
All flight arrangements are made under our own Air Travel Organiser’s Licence number 0025. 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 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 package holiday promise to transport you to and from the resort or your UK departure airport.
We are also obliged to bring to your attention the existence of a “community list” of airlines that are banned from operating within the EU. To view it go to www.europa.eu and search on banned airlines.
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.
b) Flight Changes, Delays and Diversions
In order to keep you informed of flight or transfer delays, etc, we may send auto-generated text messages to your mobile which may mean your incurring a charge from your service provider. Your mobile number will not be used for marketing purposes. When completing your Advanced Passenger Information (API), we will ask you for a mobile telephone number that we may use in the event of delays to our travel arrangements, so that we may keep you as informed as possible. If you wish to be kept up-to-date with such information, please provide us with a mobile telephone number that will be switched on at such times. If you have booked through a Travel Agent and they enter their own telephone contact details, in doing so they assume responsibility to act as a conduit of any information received from our Text Message service and pass any such information on to you.
In the unlikely event of a flight delay, the airline will endeavour to keep you informed and provide you with refreshments and or meals in accordance with their obligations under the EU Denied Boarding Regulations (copies will be available at the airline counter) where it is operationally feasible to do so. In the event of extended delays at an overseas airport, we will endeavour in conjunction with the airline to make arrangements for overnight accommodation for you, though this cannot be guaranteed, and will depend upon local availability. You will be responsible for any accommodation costs as these cannot be borne by Hotelplan Ltd and you should be able to reclaim the costs against your insurance policy. If your flight is delayed due to reasons of force majeure such as weather conditions (either in the UK or overseas), industrial action, natural disasters, closure or congestion of airports, etc we regret that neither we nor the airline will be liable to provide meals, refreshments or overnight accommodation. You should ensure that your own travel insurance policy provides a reasonable level of cover for such events. If you consider that you have a claim under EC261/2004 regulations in the event of a flight delay or cancellation you should approach the airline concerned, not Esprit Ski, as these regulations apply to airlines not tour operators.
Esprit Ski cannot offer compensation for inconvenience or loss of holiday time caused by flight delays, flight diversions or curtailment regardless of how caused. Similarly it is not possible to obtain refunds for any unused accommodation or facilities or for losses, costs and expenses of other travel/accommodation arrangements outside of the package holiday resulting from flight changes, delays or diversions, which should be claimed on your own insurance policy.
Very rarely we may be forced by, for example, adverse weather conditions or road closures (not necessarily in your chosen resort) to make alternative arrangements and in the interests of safety for your outward and/or return journey (generally at the point of flight departure and dependent upon availability of local facilities) the cost of which, if not covered by the airline, must be claimed on your own travel insurance. In such circumstances we will endeavour to provide reasonable assistance with alternative arrangements, but you will not be entitled to additional compensation.
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. Please note that we do not accept responsibility in the event of any delay to, or if you miss, connecting flights or other services that have not been booked through us. If you are booking connecting flights we would recommend that you purchase a ticket which may allow a degree of flexibility in the event of any delay or change to your advertised flight timings.
If your flight is delayed resulting in late arrival in resort (i.e. after 9pm) you will usually be offered a cold plate or a reduced meal on arrival.
On your return journey to the UK our obligation, particularly in a force majeure situation, is to provide transportation back to your original UK departure airport. To do this we reserve the right to substitute airlines/aircraft and make any necessary alteration to your travel arrangements, including a change of method of carriage. Return flights may be arranged to an alternative airport in the UK with onward surface transportation to your original airport. In such circumstances transportation costs will be met by Esprit Ski but we will not be responsible for the provision or cost of meals, telephone calls, additional parking or homeward transportation expenses. Please note that we will not accept responsibility for travel arrangements you choose to make yourself and in no circumstances will we accept responsibility for loss of earnings or professional fees.
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. Baggage allowance on scheduled flights is limited to one piece of hold baggage per person (excluding infants) and weight restrictions should be checked with the airline concerned. All your belongings remain your responsibility at all times and Hotelplan Ltd 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 on and off transfer vehicles and to and from chalets and Chalet Hotel rooms. No liability is accepted for misplacement of items, leaving items/luggage behind or mistaking someone else’s luggage for your own or another guest/person taking your luggage off any transfer, believing it to be their own or otherwise. Hotelplan Ltd accepts no responsibility for luggage lost or damaged by the airline or airport baggage handlers or coach drivers, and if this occurs, you should notify the service provider immediately of any problem that has arisen. You should contact the airline, airport or coach company directly and use your travel insurance for any resulting claim.
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 also 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. We ask for your understanding accordingly if, faced with forecasts of heavy snow and/or heavy holiday traffic, we need to arrange your homeward transfer earlier than normal to allow extra time to reach the airport. Although many coaches are equipped with wcs, they are not always available for use, for a variety of reasons. European coaches do not always have fitted seatbelts. Infants under the age of 2 years on the return date of travel must sit on a parent’s lap. It is not normally 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. Transfers will endeavour to drop you off directly outside your accommodation wherever possible, but there may be times where, due to adverse weather conditions or other circumstances beyond our control, this may not be possible. We will not accept liability for this and no compensation will be offered as a result of your having to walk some distance to your accommodation. 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, Hotelplan Ltd will endeavour to arrange coaches and staff to be at the alternative airport to meet you, but this cannot be guaranteed at short notice and we ask for your patience and understanding. No liability will be accepted if a diversion causes a delay at the arrival airport and/or a longer than advertised transfer to resort. Restrictions on drivers’ working hours can occasionally affect coach availability and may result in delays.
e) Independent Travel
Please note that you should plan to arrive at your accommodation after 2pm on arrival day and to leave by 10am on your departure day. Very few properties have parking spaces for self-drive guests and others have extremely limited spaces or no space at all. Public parking in resort is always subject to availability and will normally incur a charge which you pay locally. If arranging your own flights, it will not be possible to join Esprit Ski’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.
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, Xtra Chalets and Chalet Hotels 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 Esprit Ski staff, and you should not expect the same standards of service or professionalism that you might expect of independently run professional hotels.
Accommodation will comply with any appropriate local standards of the country in which the property is situated and which may differ from UK standards. Within chalets, Xtra 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. Seating areas may not typically consist of a full lounge or separate lounge area, but will normally include chair(s), a sofa or other forms of seating – please be aware though 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 and sofa-beds may limit the space available and cause inconvenience. 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. Where bunk beds are present in accommodation, they may not be comparable to standard full-size single beds.
Larger properties may occasionally have guests travelling under the ‘Ski Total’ name, which is the brand name of a sister company within Hotelplan Ltd. All properties may have Esprit Ski staff and/or members of the chalet owner’s family living in, and may hold rooms hosting our Child Care programme (including Supervised Lunch) or be used by Hotelplan staff as a resort office, store room or similar. Please ask for written details if this matter is important to you.
Chalet Hotel Le Savoie in Val d’Isere: slightly different arrangements apply here (e.g. dinner is served 6 nights a week and a hot option is available at breakfast daily, an extended menu choice, flexible dining times, and the property being shared with guests from our sister companies Ski Total and Inghams), but it is otherwise run along traditional Chalet Hotel lines, as described on page 79, and guest expectations should accordingly be oriented at this more informal style of holiday, operated by our largely young British staff. Specifically, please note that certain services you might expect in a ‘French 5-star’ hotel (e.g. a la carte dining, daily linen/towel change, lunch service, luggage porters etc) are not provided.
Exclusive Use: when a chalet is booked for your exclusive use, this means that no other paying guests will be in residence, but does not exclude the possibility of members of staff and/or the owner’s family living in.
a) Esprit Ski Diamond Ratings in our chalets and Chalet Hotels
We have introduced our Esprit Ski diamond rating to all our chalets and Chalet Hotels to give an indication of the standard and style of our properties in comparison to each other. 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 ‘star ratings’ or other independent system of accommodation ratings.
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. Some rooms are listed as ‘under eaves’, which can at times limit head clearance by way of low beams and/or the slant of the roof. 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. a bedroom and separate living-room with sofa-bed) 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 and Views: 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. It should not be assumed that a balcony will include seating. Views from balconies and windows may be restricted by trees/foliage or other factors beyond our control and no express or implied representation is made regarding there being a ‘view’ of any kind from a window or balcony, unless expressly described.
En Suite 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 precise 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.
Evening meals are provided for 6 nights 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: a cooked breakfast, fruit juice, cereals, porridge and croissants (France only) or bread, cheeses, sliced ham and jam. There is of course unlimited tea and coffee. On our staff’s one day off a week, only the continental breakfast will be provided. The milk supplied is likely to be UHT. With a full quota of children present, breakfast can be a crowded and somewhat hectic affair, so a degree of patience may be needed! In larger properties. our staff may also request that guests stagger their arrival times for breakfast, particularly during peak weeks, to facilitate smoother service. For afternoon tea our staff provide a cake (except on their day off) and guests should help themselves to tea and coffee. Adult 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, due to differing guest arrival times, dinner will be served at the convenience of the majority. We do not permit non guests of our chalets and Chalet Hotels to dine in our properties, except under exceptional circumstances and only if agreed in writing at time of booking. Please note that dinner is strictly an adults and teenagers only occasion and children under 13 years old on the holiday start date are not allowed at the dinner table, but instead are served Children’s High Tea at approximately 5:30pm (see 19(g) below). We cannot accept liability if we are not informed of the child’s age. Please see clause 19(g) below.
The consumption of duty-free and locally purchased alcohol is prohibited in the public areas of Chalet Hotels, in accordance with local licensing laws.
Guests are not permitted to use chalet, Xtra Chalet or Chalet Hotel kitchens at any time, or to prepare daily lunches and/or an evening meal on the staff night off. This includes using any of the electrical appliances such as microwaves, cookers and dishwashers, although this list is not exhaustive.
Special Diets & Food Allergies
If you have a serious allergy which requires a special diet to be prepared separately from other guests’ food, your booking cannot be confirmed until we have been able to confirm that we can supply such a diet (see extreme food allergies, below).
Please note that our liability in respect of Special Diets & Food Allergies applies only to the chalet and Chalet Hotel accommodation that we provide, and you are advised to check with your airline as to what procedures they have in place in this regard.
Vegetarian meals can always be served, although we need 14 days’ notice in writing. For any guests in our chalets who advise us within 14 days of arrival or on arrival that they require a vegetarian diet, a £25 charge will be payable in resort per week.
Other special diets (e.g. vegan, gluten-free, dairy-free, wheat-free, low-fat/cholesterol, specific food allergies etc) can normally be provided, but must be discussed with our reservations team before booking, and will incur a supplement of £35 per person, per week, to contribute towards the significant additional costs of ingredients and separate deliveries. 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 within 14 days of arrival or on arrival of a special dietary requirement, a £60/€75 charge will be payable in resort to cover additional catering costs. We unfortunately are unable to accept special dietary requests within 4 days prior to departure and will be unable to guarantee that we can cater for your needs.
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 chalet and Chalet Hotel staff involved in catering, including for 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 ruled out; 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); that our staff cannot police lunches provided by ski-schools. We therefore cannot and do not guarantee the avoidance of specified ingredients, and cannot accept liability in the event of any dissatisfaction with special dietary arrangements, including the occurrence of an allergic reaction.
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 child), 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 family 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.
d) 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 Esprit Ski training (staff who join us once the season is underway are trained in resort by the relevant managers). As is the norm on ski chalet holidays, chalet, Xtra Chalet and Chalet Hotel staff have one well-earned day’s rest each week, normally Wednesday, when in chalets and Xtra Chalet properties they leave out a simple continental breakfast (in Chalet Hotels continental buffet breakfast is served as usual) 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, Xtra Chalets and Chalet Hotels have chalet or child care staff 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.
e) 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 normally be clean and tidy for your arrival (subject to guests’ departure/arrival times) 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 City & Guilds 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 the appropriate action can be taken. Our reservations staff can give details of laundry facilities in resorts as our chalets, Xtra 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.
f) Slipper zones
We ask guests not to wear outdoor shoes or boots inside the chalets for reasons of hygiene and to preserve the fittings and furnishings, so please ensure that you take slippers or indoor shoes with you.
Our properties do not have safes for securing guests’ valuables and it is unusual for chalets and Xtra 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 clause 3(f) ‘Insurance’. We cannot accept liability for the damage to, loss or theft of personal belongings or ski equipment from any accommodation.
Our properties do not have telephones. If a telephone facility is important to you we recommend you take a mobile phone. We cannot offer the use of telephone points for e-mail access.
i) 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, videos 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, whilst some are advertised as “TV/DVD” which implies that no channels (satellite or otherwise) are available and that the TV is to be used for playing DVDs only.
We operate a strict no-smoking policy in all our chalets, Xtra Chalets and Chalet Hotels, which includes the use of E-Cigarettes. A guest who breaches this policy will be liable to pay a fine of €100 to pay for additional deep-cleaning required, and will be held liable for any other consequential damages sought against Hotelplan Ltd by its other guests and/or the property owners
Notwithstanding changes to UK legislation, we do not permit pets in our properties.
l) Chalet and Chalet Hotel use for Esprit Ski Child Care Programme
Children’s activities are not confined to the child care rooms. Between the hours of 08.30 and 17.00 children and staff will therefore be fed, entertained and use the toilets in our properties. In many cases this is indicated in the brochure and website text for the relevant property but we reserve the right to make changes for operational reasons and no compensation will be payable in such circumstances. The location of child care facilities (Nursery, Snow Club and Cocoa Club) shown against each property indicates the child care venues used and we advise on the resort pages which chalets are used for Supervised Lunch in our chalet resorts – please note that Supervised Lunch will take place in the chalets as stated, regardless of whether the chalet has been booked for Exclusive Use. We may however use other facilities in resort to facilitate grouping children by age for their greater enjoyment. See also clause 19 headed ‘Children’.
m) 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 clause 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 Esprit Ski’s liability in such cases shall be limited to the provision or conversion of the above three alternatives.
n) 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, i.e. 4pm-7pm. We do not recommend that children or those suffering with heart conditions use hot-tubs, saunas or steam rooms. Leisure facilities, particularly 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.
We do not normally provide separate towels for leisure facilities, so we suggest you use your own towels for usage of such leisure facilities.
Please note that there are no Lifeguards on duty and we cannot guarantee staff will be available in or around the pool or hot-tub area at all times. Please note that you use all such leisure facilities at your own risk, and are responsible in particular for your children’s safety in leisure facilities at all times.
o) Floor Plans
These are available for most properties on request. Please ring us on 01483 791900 if not available online.
In common with standard hotel industry practice, we reserve the right to take credit card imprints upon check-in at our Chalet Hotels, Xtra Chalets and certain other of our chalets to cover potential damage costs or breakages.
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.)
Porterage is not included in the cost of the holiday. If you allow our staff or coach drivers to assist with the transfer of your luggage from or to the main coach and/or feeder vehicles, you do so entirely at your own risk as we do not accept responsibility for your luggage at any time and you remain responsible at all times for ensuring your luggage is on the appropriate vehicle.
r) 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.
s) Child supervision in Chalet Hotels
From 7.30pm onwards throughout adult-only dinner, all children may be either in Cocoa Club, in their own bedroom (see Baby-Listening/Child Patrol information), or in the ’snug’ where available (under parental responsibility), but children under 13 years are not permitted in the lounge/bar or dining-room during this adult/teenager-only period except Chalet Hotel Le Savoie with its Family Dining Service.
t) Wi-Fi in chalets, Xtra Chalets & Chalet Hotels
It is planned to have Wi-Fi installed and available FREE of charge in all our chalets, Xtra Chalets and Chalet Hotels for Winter 2015/16. However, in the event that technical or other issues prevent this, no refund or compensation will be paid and no guarantee can be given that it will be available in all bedrooms and it may be restricted to communal areas only. We ask for your understanding and patience in remembering that the connections in the mountains are not as reliable or as strong as you may be used to in the UK. The connections will, in normal circumstances, be suitable for the checking of emails and basic web-browsing, but the downloading and streaming of films and other media will not be possible. We also request that you limit usage to one device per person, to avoid over-loading the system and thereby restricting its availability to other guests. Safe-keeping of your laptop computer/tablet/smartphone is your own responsibility, as is ensuring that it is properly insured for the circumstances described in clause 15(g) above; no liability will be accepted for damage to or loss or theft of laptops from accommodation, including if your insurance company refuses to pay out for any reason. We also accept no liability for any loss of data or virus infection to your device whilst on holiday with us, however caused. In some mountain resorts, signal strength is limited throughout the village, not just in our properties.
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 Service 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 Service Providers. All Ski Pack Service 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, separate and additional to your holiday invoice, this signifies that the Ski Pack 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 Service 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 and might not be for the same duration as originally booked, but to the same value.
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:
|Period before scheduled departure date when your cancellation notification is received||Cancellation charge expressed as a % of total holiday cost|
|70 days or more||Deposit|
|28 – 69 days||60%|
|15 – 27 days||80%|
|0 – 14 days||100%|
|Departure date/no show||100%|
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 Ski Pack Service Provider are entitled to assume that you will pay the surcharge.
The Ski Pack 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 Ski Pack Service Provider occasionally occur and bookings have to be changed or cancelled or errors in brochure or other details corrected. The Ski Pack Service Provider reserves the right to do so. We are not liable for any changes, cancellations or errors made by the Ski Pack Service Provider (including the effect of any change or cancellation of any other services). Where a Ski Pack Service Provider cancels a booking or the Service becomes unavailable for any reason, the Ski Pack 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 Selling 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 Ski Pack 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 Ski Pack 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 Ski Pack 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 Ski Pack Service Provider’s terms and conditions are available on request from the Agent or the Service Provider.
Where we act as Agent for the Ski Pack Service Provider, notwithstanding our Agency position, we voluntarily accept all the obligations that flow from the Package Travel Regulations and the ATOL regulations for the purpose of financial protection under this scheme.
The contract between you and the Ski Pack 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.
a) 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. Please ensure that you discuss your needs with our reservations or resort teams prior to booking, to ensure that the appropriate level is booked in advance as ski schools cannot always guarantee that movements between classes may be effected. 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 if possible, 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.
b) 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 the 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. Esprit Ski 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.
c) Lift Passes
Lift Pass Price Guarantee: We are offering a cast iron price guarantee if you pre-book your lift pass with us before you travel. If, on arrival in resort, you find the identical price is cheaper direct from the lift pass company office, we will refund the difference immediately. This guarantee assumes the following exchange rates: €1.32
NB: This guarantee does not apply to prices and/or special offers quoted before departure or after arrival in resort lift pass companies’ websites, resort websites and/or other third party websites.
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 Esprit Ski 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). Some resorts may offer discounted rates for Senior persons and walkers intending not to ski. If not detailed in the ski pack panel for your chosen resort, please ask at the point of booking or with our staff in resort. 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. Esprit accepts no liability in such situations; you may however have the potential to claim under your travel insurance if the provider has made no refund in resort.
d) 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 require the purchase of the same type and duration lift pass as purchased by the parents.
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.
f) Flight Delays
If your flight is delayed and you “lose” a day’s equipment or lift pass, we regret that we are not able to make any refund in respect of pre-booked equipment or lift passes. A pro-rata refund should be claimed from your travel insurance.
17. LOCAL EXCURSIONS/LOCAL SKI PACKS/LOCAL ACTIVITIES
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 Hotelplan Ltd.
Where you have booked an excursion, ski pack or activity we act as an 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 and excursions.
For the use of motorised vehicles, for example snowmobiles and skidoos, most travel insurance policies will offer cover for personal injury and medical expenses but will not cover damage to the vehicle itself. Therefore, the provider will take and retain for the duration of the activity an insurance deposit, often in the region of €500.
18. 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. Hotelplan Ltd 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.
Full details of entry and stay requirements, visa and travel advice to your particular destination and for any travel information/restrictions, visit the foreign office website at www.fco.gov.uk/travel and the passport office website at https://www.gov.uk/government/organisations/hm-passport-office for passport information.
Health: You are advised to review the foreign travel advice for your destination at www.gov.uk/foreign-travel-advice.
You must also take with you your European Health Insurance Card (EHIC). Apply online at www.gov.uk/european-health-insurance-card, or by telephone: 0300 330 1350. You should take your EHIC card with you on holiday. Please be advised that the EHIC is not a replacement for fully comprehensive winter sports travel insurance, which you are required to take as outlined in our booking conditions.
Please note that standards of healthcare and facilities may vary from one country to another and may not reach the same level as that enjoyed in the UK,
If you have a pre-existing medical condition, you must inform your insurer and it is your responsibility to ensure that you have sufficient medication for your trip and you know how to administer it.
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 to be 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. When booking excursions or events in resort, you should ensure that the excursion or event that you have chosen is suitable and that the provider is made aware of any special requirements that you may have, in order that they may make an informed decision as to the suitability of the excursion or event for you.
Driving abroad: From 8th June 2015, the paper counterpart to the photocard driving licence will not be valid and will no longer be issued by the DVLA. The counterpart was introduced to display driving licence details that could not be included on the photocard. These details include some vehicle categories you are entitled to drive and any endorsements/penalty points. For more information, go to www.gov.uk/government/news/driving-licence-changes
19. 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 3117 0500 or at www.fco.gov.uk/knowbeforeyougo.
a) Child and Infant Ages
Ages are taken as at the age on return date of travel to the UK. Therefore, 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. If a child younger than 17 weeks is booked into an Esprit Ski Nursery in contravention of our minimum age policy, Esprit Ski reserves the right to cancel the Nursery place, and no refund will be payable, as you will have blocked a valuable Nursery place from use by another family.
Please note that we are also unable to provide our Baby-Listening/Child-Patrol Service for children younger than 17 weeks, so it is advised that alternative arrangements are made, such as bringing baby monitors (where feasible to be used). Our Reservations team will be able to assist with any queries in this regard.
b) All Child Care
This is usually run regardless of the numbers of children, age profile and balance of sexes which is not within our control. Please note that no refunds are available should you not use any of the facilities booked, for all or part of the period booked, whether booked in the UK or in resort. If your child suffers from any illness, allergy, disability, special needs, or needs any medication, you must provide us with written details at the time of booking – see clause 15(c) re food allergies. Prescribed and non-prescribed medication can be administered by our qualified child care staff to the children in our care as long as the parents have given consent and have filled out the Administration of Medication form. For children with allergies and breathing difficulties, in emergencies, we can administer such items as e.g. ‘Epipens’ and inhalers supplied by parents. We reserve the right to refuse to accept any child or to withdraw any child from our care if, due to illness or other reasons it is not possible for us to provide suitable care, or if they pose a potential risk to other children or our staff. If a child has any medication indicated on their Consent Form or life saving medication as stated on their Emergency Medication and Allergy Agreement Form, the child cannot be accepted into our care without that medication. If any of our child care staff are taken ill or are unavailable, we may have to withdraw these facilities until such time as we are able to provide suitably qualified staff.
See clause 3(m) regarding payments for any ad hoc child care purchased in resort. Prices charged in resort will normally be higher than the pre-booked prices shown in this brochure and on our website.
c) Nursery Nurses/Nannies
Our nurseries are run by professionally qualified nursery nurses or nannies who are assisted by staff with child care skills or experience. There will always be a qualified nursery nurse or nanny on duty in every nursery, and with the children on outings but other Esprit Ski staff may escort children to and from the appropriate nursery.
The number of children in our nurseries is strictly controlled. We do not allow ad hoc supervision in our Esprit Nurseries by parents, relatives, family nannies etc, as this can significantly affect the way the Nursery is run and lead to problems relating to responsibility and liability. Our policy on a minimum age of 17 weeks is rigidly applied for the sake of all the children. For safety reasons, nannies are not permitted to take children under 8 months in backpacks. In resorts with more than one nursery location, we will endeavour to group babies and toddlers of a similar age together. Parents will be informed on arrival in resort of the designated nursery for their child (which may be different to the nursery location specified in the accommodation description), and are asked to deliver and collect their child at the relevant times. Where we provide minibus transport for children, one parent must accompany their child in our minibus for drop-off and collection.
e) Children’s skiing/clubs
Children are usually taken to our Sprite and Spritelets lessons by our staff, but we cannot do this for children booked into other non-Esprit ski classes (except where provided for as on page 12 of our brochure). Mini Cocoa Club takes place in most of our resorts (not Méribel and Les Arcs) but not in all our properties. Esprit Ski staff are unable to offer a take-to or pick-up service for children so if this club is important to your holiday we strongly advise that you stay in the chalet or Chalet Hotel where the Mini Cocoa Club is based.
On some occasions we may alter the location of our child care for the greater enjoyment of the children booked into our care, for example when numbers in one location are high or low. Parents will be informed on arrival in resort and are asked to deliver and collect their child at the relevant times.
Location and timing of lessons may vary from the brochure or website description, dependent on snow/weather conditions and ski school advice. Whilst Esprit Ski shall seek to overcome any difficulties, we reserve the right to withdraw children from ski school, Snow and/or Cocoa Clubs where the child’s capability/attitude/behaviour is reasonably considered by Esprit Ski (or the ski school) to be seriously detrimental to the safety, well-being or enjoyment of that child or of other participants. If it is necessary for us to withdraw your child we will refund the proportionate cost of unused lessons in the case of lack of capability only. Child care places and ski classes are non-transferable. Occasionally it may be necessary to cancel a particular class due to lack of numbers. In such a case, we will give you as much notice as possible and provide a choice of alternative options. Our liability in such instances shall be limited to a refund of the cost of the class booked or the provision of the agreed alternative. The ski school’s decision regarding which class is in a child’s best interests is final, and no refund or compensation will be paid as a result of any such decision. The progress of each class will of course depend on the demonstrated ability of the participating children, and will normally be at the rate of the least able skier accepted into that class. If a child is booked for additional lessons, for example Sprite Guided Ski Fun, and they are moved down a group to a level which is below the minimum standard required for their additional lessons, they will not be able to participate in said additional lessons. We will endeavour to offer Snow Club in its place.
If, for whatever reason, a child misses one or more of their booked group lessons, it may be necessary for them to be moved to a more appropriate level lesson.
Crash helmets for children are the subject of mixed views, though we urge parents to ensure that if they do hire or purchase them, the helmets are correctly fitted. Some ski schools have a compulsory helmet policy for children joining our Sprite and Spritelets classes; in all resorts we include free helmet-hire for all children under 13 years pre-booking skis through us.
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.
High tea, the main meal of the day for children under 13 years old, is usually at 5.30pm, however this can vary by property and details will be given on arrival. 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’ (clause 10). In such cases, the normal adult menu will be served to children joining adult dinner and 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.
h) Cots and Highchairs
A cot and highchair are automatically provided for all infants free of charge in chalets and Chalet Hotels. Our cots and accompanying mattresses 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 years or over who require a cot and/or highchair, the request must be made at the time of booking and confirmed to us in writing.
i) 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.
j) 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.
Except whilst signed into our nurseries, Sprite and Spritelet classes, Snow Club, Supervised Lunch and Cocoa Club, children, their behaviour and their safety, remain the sole responsibility of their parents at all times.
Baby-Listening/Child-Patrol Service – please note that this service does not constitute children having been handed into Esprit Ski’s care except on the staff’s night off, which is the only evening that both parents are permitted to leave the building together, leaving the child/ren in our care. The safety, welfare and behaviour of children remains the responsibility of parents at all times during this service. We must emphasise that this is a listening service only, whereby staff will call upon the parent/s or guardian/s of an unsettled child.
Children using communal areas or leisure facilities in our properties, including the children’s ’snugs’, remain their parents’ responsibility at all times and we are unable to child-proof all aspects of guest bedrooms.
Stairs, ladders and bunks: Several of our chalets 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: We do not provide stair gates in any of our properties. If you choose to bring a stair-gate with you, or hire one locally, it is your responsibility to ensure its proper installation and operation at all times, including by other adult and child guests in the property.
Resort Child Care: In the event that you make private arrangements for resort child care of any kind, whether or not undertaken by our off duty staff, Esprit Ski 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.
k) Special Needs Care
We will always try to provide one-to-one care for children with special needs if requested. This is subject to an additional charge and to the availability of a suitable staff member and must be requested at the time of booking the holiday.
l) Children’s Clothing
In booking children into Esprit Ski Nursery or Snow Club, you accept that activities such as arts & crafts, face-painting, outdoor play and others incur an unavoidable risk that children may get paint, glue or other soiling or damage to their clothes. We source our play materials from reputable suppliers and use paints etc advertised as ‘washable’, but cannot guarantee that all marks can always be removed, and therefore do not accept liability for such instances.
21. 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.
22. DATA PROTECTION POLICY
Esprit Ski staff, professional photographers or other guests will occasionally take photographs or videos, 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 Hotelplan Ltd. (Note that for your security, names or other details are never attached to such photographs.) Please note that we accept no liability where photographs or video footage has been taken by another guest and distributed independently by them or any other third party not associated with Hotelplan Ltd, for example on various social media.
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 Hotelplan Ltd.
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 will not pass any information on to any person not responsible for part of your travel arrangements and we take full responsibility for ensuring that proper security measures are in place to protect your information. We must however 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 Esprit Ski, (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. 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.
We do not share any information with third parties but we would like to hold your information, where collected by us, for our own future marketing purposes (for example to inform you of promotional offers or to send you brochures from Esprit Ski or other Hotelplan Limited products). If you do not wish to receive such approaches in the future, please inform us as soon as possible. Please note: Telephone calls may be monitored for training purposes.