HOTELPLAN LTD BOOKING CONDITIONS
For additional important information, click here
1. HOLIDAY AGREEMENTS
When you book a holiday with us, you are entering into a contract with Hotelplan Ltd, Company No: 350786 (“we” or “us”). Our Head Office address is: Nelson House, 55-59 Victoria Road, Farnborough, Hampshire, GU14 7PA. The majority of the holidays that we sell are package holidays, and as such fall within the scope of the Package Travel and Linked Travel Arrangements Regulations 2018 (PTR). Further information on your key rights under the PTR can be found here (see - 2: TRAVELLER INFORMATION). This is the case where you purchase two or more of the following holiday components in a single booking process with us: flights, accommodation, tourist services such as ski packs or excursions. Where we are the "organiser" of a package holiday that includes ski packs, we will act solely as sales agent for the ski pack provider who may have additional terms and conditions which will take precedence over these Booking Conditions in respect of ski packs in the event of conflict.
Please read these Booking Conditions carefully prior to purchasing any holiday with us. These Booking Conditions govern bookings made on the internet, 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. Together with our Privacy Policy, Important Information, General Information and any special information or advice pages, and any other written information we brought to your attention before we confirmed your booking, these Booking Conditions form the basis of your contract with us.
From time to time, due to changes to the law for example, we may need to update our Booking Conditions. The latest version can always be found on our websites. If we make a significant change to the Booking Conditions after you’ve booked your holiday with us, we’ll let you know. If you have any questions relating to our Booking Conditions, please contact our Reservations team using the details on our Contact Us pages.
In these Booking Conditions, references to “you” and “your” means the first named person on the booking (“party leader”), all persons on whose behalf a booking is made (including anyone who is added or substituted at a later date) and any person/s to whom a booking or place on a booking is transferred. References to “holiday” and “travel arrangements” means the services and arrangements which you book with us before departure which we agree to make, provide or perform (as applicable) as part of our contract with you. References to "departure" means the start date of the arrangements we have contracted to provide.
When you make a booking, as the “party leader”, you agree and accept on behalf of all persons detailed on the booking that:
a. You have read these Booking Conditions and have the authority to and do agree to be bound by them;
b. You consent to our use of your personal data in accordance with our Privacy Policy and are authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);
c. You are over 18 years of age and resident in the United Kingdom and where booking services with age restrictions declare that you and all members of your party are of the appropriate age to book and use those services; and
d. You accept financial responsibility for making all payments due in respect of the booking.
Whether you book alone or as a group, we will only deal with the party leader in all subsequent correspondence, including any changes, amendments and cancellations. If you have booked through one of our travel agent partners, all communication will be via that agent. Any person who is aged under 18 years must be accompanied by an adult on his or her journey.
It is a compulsory requirement of booking with us that you provide us with 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. Please provide us with a mobile telephone number that will be switched on at such times and remember that you may incur a charge from your service provider. Please rest assured that your mobile number will not be used for marketing purposes. If you have booked through a Travel Agent and they enter their own telephone or any other contact details, in doing so they assume responsibility to act as a conduit of any information received via our Text Message service and pass any such information on to you.
Comprehensive travel insurance is essential and your booking is accepted on the basis that you purchase a policy which is suitable for your needs. You must be satisfied that your insurance policy covers your personal requirements, including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. Any policy must be appropriate for the type of holiday that you have chosen to book, which may include an element of winter sports cover. If you choose to travel without appropriate insurance cover, we will not be responsible for the expenses and losses you may incur as a result. Please read your policy details carefully and take them with you on holiday.
1.1: MAKING A BOOKING AND PAYING FOR YOUR HOLIDAY
When confirming your booking, we will take a minimum deposit of £150 per person. If additional non-refundable costs are incurred for an element of your booking, we will take payment to cover these additional costs at the same time as taking your deposit. Please note that these are non-refundable in the event of cancellation.
On selected Hotelplan Ltd package holidays you may be offered the option to pay a Low or Reduced Deposit (a “Low Deposit”). Where you choose this option you will still be required to pay any additional non-refundable costs, as above. When paying a Low Deposit you agree to pay the difference between the Low Deposit and our normal deposit upon cancellation should you choose to cancel your arrangements.
If the arrangements you wish to book are available, we will issue a Confirmation Invoice and send this to you or your Travel Agent. A binding contract will come into existence between you and us as soon as we (or your Travel Agent, if you book via an authorised agent of ours) have received all appropriate payments at the time of booking (i.e. deposit and other applicable non-refundable payments) and, in the case of telephone bookings, we have verbally confirmed the booking over the telephone. For online bookings, a binding contract will exist when we have received all appropriate payments from you at the time of booking and we have emailed the Confirmation Invoice to you. All bookings are subject to availability. If your confirmed arrangements include a flight, we (or if you booked via an authorised Travel Agent of ours, that Agent) will also issue you with an ATOL Certificate, which will be available through the ‘My Booking’ section of our website.
For all bookings, the final balance payable will be shown on your Confirmation Invoice and will become due 10 weeks before departure. If you book your holiday within 10 weeks of departure, the full balance (rather than just deposits and non-refundable elements) will be payable straight away. If you have not paid the balance by the date it becomes due and you fail to respond to requests for payment, we reserve the right to cancel your booking and you will be liable to pay cancellation charges as set out in Clause 1.4. There is no charge for paying by debit or credit card. It is your responsibility to ensure that 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.
1.2: THE CONFIRMATION
Within 48 hours of booking with us you will receive your Confirmation Invoice by email (7 days if posted), which details the holiday that you have chosen and the person/s booked to travel. If you have not received your Confirmation Invoice within 7 days, please contact our Reservations team to make sure that your booking has been confirmed by us and we have your email and postal information correct. Where an email address is provided at the time of booking, all pre-departure correspondence will primarily be undertaken by email.
We are aware that misunderstandings can occur, particularly in the course of telephone conversations, and as such quotations are subject to written confirmation on your Confirmation Invoice. Please check your Confirmation Invoice and ATOL Certificate as soon as you receive them and, if anything is incorrect, contact our Reservations team. We cannot accept any responsibility if there are any inaccuracies (for which we are responsible) in any document within ten days of our sending it out. We will do our best to rectify any mistake notified to us outside this time limit, but you will be required to meet any costs involved in doing so.
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 Confirmation 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 website selling price from us; or
c. To accept a full refund of all monies paid.
Travel documents will normally be emailed to you (to the address given to us by the lead name at the time of booking, or your Travel Agent) approximately 7-10 days before your departure, and will not be issued unless payment of the due balance has been received.
1.3: HOLIDAY PRICE, CONDITIONS AND PAYMENT
The prices and conditions published on our website supersede any previously published prices, discounts and conditions, and will equally be superseded by any subsequent website edition. Prices are correct at the time of publication, but may vary and our current selling prices will be advised at the point of enquiry on telephone bookings or online, and confirmed on our Confirmation Invoice. Prices may increase around cultural events, trade shows or special events taking place and weekend supplements may also apply. Where taxes are to be paid, these will be charged by hoteliers in resort, per person, and are payable by you directly to the hotel upon check-out unless specified otherwise. Resort taxes for our own-run chalets and Hotel accommodations are covered by us.
All price promises on the website relate to full-priced holidays only and not to any late availability discounted holidays. Please note that early booking offers, special discounts and child or group reductions may be changed or withdrawn at any time, and are subject to restrictions. Please see our Important Information, section 6: Family and Group Discounts.
Price Amendments and Surcharges
i. Before you have booked: We reserve the right to increase or decrease our prices at any time, for reasons including (but not limited to) the correction of errors in previously published prices; significant changes in currency exchange rates; fuel cost increases or other transport providers’ changes to our contracted costs; UK or overseas government action on taxes, staff employment or other costs included in your holiday; other cost increases of which we were unaware at the time of publishing pricing information to this website. The correct up-to-date price will be confirmed to you at the time of booking.
ii. After you have booked: Once you have completed a booking and a Confirmation Invoice has been issued then, unless you amend your booking, we will not increase the price of your confirmed holiday.
Due to circumstances beyond our control, airlines may cease to operate on certain routes, which may have an effect on the website 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.
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 in respect of a flight-inclusive booking covered by our ATOL are held by them on our behalf, and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligations to pay it to us in accordance with our trading terms unless we fail. In the unlikely event of our financial failure, all monies held at that time by the agent or subsequently paid by you to the agent will be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay those monies to us.
Any information or advice given to you by your Travel Agent which is not based on information or advice given to them by us is their responsibility. In these circumstances we do not accept liability if incorrect information or advice is given to you by your Travel Agent. If you wish to make a change or add anything to your booking, please contact your Travel Agent. For the purposes of compliance with time limits or limitation periods as set out or referred to in these Booking Conditions, receipt by such an authorised travel agent of messages, requests or complaints intended for us will be treated as received by us.
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. You access and rely upon the contents of these third party websites solely at your own risk. We accept no responsibility for the contents of and practices of any third party websites, including suppliers own websites, such as hotel pages. It is important to remember that hotels may feature rooms on their website that are not available through tour operators or are named differently. You should therefore not rely on any descriptions which you view which are not on our website.
1.4: ALTERATIONS OR CANCELLATION OF THE BOOKING BY YOU AND TRANSFER OF BOOKING
We will always do our best to accommodate any changes that you need to make to your confirmed holiday arrangements, so do let our Reservations team or your Travel Agent (as applicable) know if there’s anything they can help with. Where we can meet your request to make a change to your booking, we will send you a revised Confirmation Invoice to confirm this.
a. Cost of changes
i. Flight changes: No charge will be made for name changes we are notified of within 21 days of the first confirmation, provided that no charges are levied by the airline and travel is not due to take place within 21 days of booking. Outside of this, where changes or cancellations are requested by you, we will charge an amendment fee of £25 per change, with name changes subject to clause 1.4d, below. Where our airline partners impose higher charges for changes or cancellation we will endeavour to notify you at time of booking or as soon as possible thereafter. If you seek to change all names on a booking, this will be regarded as cancellation and re-booking, and cancellation charges will apply. Please contact our Reservations team or your Travel Agent (as applicable) for details.
ii. Other amendments will attract an amendment surcharge of £25 per person. Please note that all changes requested within 10 weeks of departure will attract cancellation charges (see below). The only exception is a transfer of booking in accordance with clause 1.4d, below.
iii. 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 group or child 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.
iv. Within 7 days of departure, any cancellation of pre-booked items will incur an administration fee of £25 per person. We cannot cancel or refund unwanted pre-booked items during or after your holiday. If you have been prevented from obtaining the benefit of pre-booked items due to injury or illness, you will need to contact your travel insurance provider.
b. Cancelling any part of your booking before departure
We really hope that you don’t have reason to cancel your holiday arrangements with us but, if you do, we ask that you let us know immediately by post, email or telephone to our Reservations team. For contact details, see the Contact Us pages on our website.
Cancellation charges will be calculated from the date we receive notification from you as above. 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. In calculating these cancellation charges, we have taken account of possible cost savings and generation of income from other bookings which we may be able to utilise towards cancelled services to the extent this is likely to be achievable. Cancellation charges are calculated on the basis of the total cost payable by the person(s) cancelling, excluding insurance premiums and any amendment charges (which are not refundable in the event of cancellation).
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 plus any non-cancellable/changeable element
28 – 69 days: 60%
22 – 27 days: 80%
0 – 21 days: 100%
Departure date/no show: 100%
Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
Where you have paid an additional amount for non-refundable or non-cancellable elements alongside your deposit, the scale of charges shown will be applied to the cost of all other arrangements and the non-refundable/non-cancellable elements will be added to that cancellation charge to give the total charge.
Please be aware that 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 applicable supplements or child discount changes to retain the booking. Whilst we recognise that weather does play an important part in holidays, insufficient snow in resort, for example, would still mean that the above cancellation charges would be imposed. 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 will be payable by us.
Lapland Wedding Cancellation: Non-refundable elements and cancellation charges specific to Lapland weddings will be advised at time of booking.
Cancellation by you due to unavoidable & extraordinary circumstances
You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event that “unavoidable and extraordinary circumstances” occur in your holiday destination or its immediate vicinity and significantly affect the performance of the contracted arrangements or the carriage of passengers to that destination. We will notify you as soon as practicable should this occur. Where applicable, we will provide you with a full refund of the monies you have paid to us, but we will not be liable to pay you any compensation or to meet any costs or expenses you have incurred in connection with your booking.
Please note that your right to cancel in these circumstances will only apply where the Foreign, Commonwealth & Development Office (FCDO) advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means: warfare and acts of terrorism (or threat thereof); civil strife; significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the destination or remain at the travel destination; the act of any government or other national or local authority including port or river authorities; industrial dispute; lock closure; natural or nuclear disaster; fire; chemical or biological disaster; unavoidable technical problems with transport; or similar events outside our control or that of the supplier(s) concerned.
c. 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, or extending or reducing your holiday duration, our overseas operations team will endeavour to assist in any way they can. All 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, overseas operations team or, if this is not possible, our Head Office in the UK.
If you are forced to return home early, we cannot refund the cost of any services you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment. Where applicable, any claim under your policy should be made directly to your travel insurer.
d. Transfer of booking
You may transfer your booking or place on the booking to someone else, subject to the following conditions:
i. The person(s) to whom the transfer is to be made is introduced by you and satisfies all the conditions applicable to the arrangements which form part of our contract;
ii. We are notified of the transfer request in writing not less than 7 days before departure;
iii. The transfer request is accompanied by the name and other applicable details of the person(s) to whom the transfer is to be made;
iv. You pay any outstanding balance payment, an amendment fee of £25 per person transferring, as well as any additional fees, charges or other costs arising from the transfer prior to the transfer being effected; and
v. The person(s) to whom the booking or place on the booking is being transferred agrees to these Booking Conditions and all other terms of the contract between us.
The persons originally booked to travel and those to whom any booking is transferred remain jointly and severally liable for payment of all sums due to us under the contract. If you are unable to find a replacement for any person(s) who cannot travel or who no longer wish to travel, cancellation charges as set out in clause 1.8 will apply. No refunds will be given for passengers not travelling or for unused services.
Important: As certain arrangements (such as flights) cannot be amended or transferred after a confirmed reservation has been made, name changes, other alterations and cancellation affecting these services are likely to incur a 100% cancellation charge and the applicable cost of rebooking the service. We will do our best to notify you of this at time of booking.
1.5: ALTERATIONS AND CANCELLATIONS BY US
We publish information to our website a considerable time in advance of the season that they promote, and so not all contracts for accommodation, flights and other travel services will have been finalised at the time of publication. If, when these contracts are finalised, there is any change to your holiday arrangements that we think you need to know, our Pre-Departure Guest Relations team will notify you as soon as is reasonably possible. Although your confirmation and subsequent invoices will show the latest expected routes and timings, these will not be confirmed until your e-tickets are sent and occasionally may change after this, due to circumstances outside of our control.
a. Alterations before your holiday
Changes to confirmed bookings sometimes have to be made and we reserve the right to do so in accordance with this clause 1.5. Most changes will be insignificant and we have the right to make these. Where an Insignificant Change is made before departure, we will notify you in writing, which can include re-issuing your travel and confirmation documents by email. No compensation is payable for Insignificant Changes.
Occasionally, before departure, we may be constrained by circumstances beyond our control to make a significant alteration to any of the main characteristics of the travel services which form part of your confirmed booking or to any special requirements which we have accepted.
Any changes that we are required to make will typically fall into one of the following categories, with compensation for Significant Changes applicable as per the table below, subject to the “Compensation payment exceptions” listed.
Insignificant Changes - Examples of Insignificant Changes include change of airline, flight time by less than 12 hours, routings, aircraft type or overseas arrival airports, changes to 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 booked, change of accommodation to another of similar standard and with similar facilities, representative in resort services and any other change not specified under significant changes below.
Significant Changes - Examples include a change of UK airport; 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.
Please bear in mind that Coronavirus and the measures and other action being taken by governments, public authorities and businesses to manage its effects (including implementation of mandatory social distancing, face masks/coverings, hand sanitization and temperature checks) is likely to have an impact on holiday arrangements for a considerable period of time. We may, for example, be unable to provide certain advertised services or facilities as a result. Such measures/action may be introduced or changed with little or no prior notice. Greater flexibility is therefore likely to be required for the foreseeable future which we would ask you to bear in mind at all times, both before and after departure. Any impact which such measures/action has on your holiday will not constitute a significant alteration to your contracted arrangements and will not entitle you to cancel without payment of the applicable cancellation charges as a result.
If we alter your booking in any way which amounts to a Significant Change as defined above, or if we cancel the original booking within 70 days of the scheduled departure, you will have the option of:
i. Accepting the changed holiday arrangements offered by us; or
ii. Accepting an offer of alternative holiday arrangements of a comparable or higher standard from us, if available, (at no extra cost); or
iii. If available, accepting an offer of alternative arrangements of a lower standard, with a refund of the price difference between the original arrangements and the alternative arrangements; or
iv. Cancelling your holiday with us altogether and receiving a full refund of all monies paid and received by us.
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 contact you again to request notification of your choice. If you fail to respond again within the specified period with your decision once we have provided you with the above mentioned information for a second time, we will assume you have chosen to accept the alternative holiday arrangements offered.
Occasionally, it may be necessary to cancel a confirmed booking. We have the right to terminate your contract in the event we are prevented from performing your contracted holiday arrangements as a result of unavoidable and extraordinary circumstances and we notify you of this as soon as reasonably possible. Where we have to cancel your booking in these circumstances, we will refund all monies you have paid to us within 14 days of the effective date of cancellation but will have no further or other liability to you including in respect of compensation or any costs or expenses you incur or have incurred as a result. We will of course endeavour to offer you alternative arrangements where possible which you may choose to book (at the applicable price) in place of those cancelled. We also have the right to cancel if you fail to make payment in accordance with the terms of your contract.
Please note, a full refund entitlement only arises where we are prevented from performing your contracted holiday arrangements as a result of unavoidable and extraordinary circumstances and we exercise our right to cancel as a result. Without limitation, you will not be entitled to a full refund and cancellation charges are likely to apply where such circumstances affect your ability to travel on your holiday rather than our ability to perform or provide the contracted arrangements. This may be the case, for example, where measures applied by the UK or any other government or public authorities (such as locally applicable restrictions) mean you are unable to leave your home/local area and/or travel to or gain entry into the country or countries where your holiday is due to take place. The issue of advice or recommendations against travel by public authorities (such as the UK Foreign, Commonwealth and Development Office) does not automatically mean we are prevented from performing your holiday arrangements but may instead affect your ability to travel. Any obligation to quarantine or self-isolate on your return to your country of residence does not affect our ability to provide your holiday and will not entitle you to cancel without paying our usual cancellation charges.
b. Compensation: in addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:
• if, where we make a significant change, you do not accept the changed arrangements and cancel your booking;
• if we cancel your booking and no alternative arrangements are available and/or we do not offer an alternative (except where we are prevented from performing your contracted holiday, as above).
Period before scheduled departure within which a Significant 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
We are unable to cover the cost of any UK airport parking or hotel arrangements, or those incurred for connecting flights booked outside of the package booked with us. These are your responsibility and we would recommend that these are booked after your flight details are confirmed on your e-tickets.
Compensation payment exceptions
We will not pay you compensation in the following circumstances:
• Where we make an Insignificant Change;
• Where we make a Significant Change or cancel your arrangements more than 70 days before departure;
• Where we make a Significant Change and you accept those changed arrangements or you accept an offer of alternative arrangements;
• Where we have had to cancel your arrangements as a result of your failure to make full payment on time;
• Where the change or cancellation arises out of alterations to the confirmed booking requested by you;
• Where we are forced to cancel or change your arrangements due to an unavoidable and extraordinary circumstance (see clause 1.6).
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 apply to adults travelling on full-price holidays only.
c. Prompt assistance
Please do let our resort team know if there is anything they can assist you with during the course of your holiday with us. We will send you or your Travel Agent a Welcome Pack by email just before you travel that contains the contact telephone number for your Representative or Local Agent, as well as any applicable visiting hours.
If, whilst on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you are in difficulty as a result of your own intentional acts or negligence, we may charge you a reasonable fee for this assistance which will not exceed the costs we actually incur. We will not be liable for the costs of any alternative travel arrangements or other such assistance you require.
d. If we change your arrangements during the holiday
In the unlikely event your accommodation is not available on your arrival due to a situation outside of our control, of which we may not have been notified in time to advise you before your departure, we will endeavour to provide accommodation of equivalent standard in the same area. Where those alternative arrangements are of a lower standard, we will refund the difference in price. Please note, this will only be offered if your arrangements change for the whole duration, not just for a few nights. If during your holiday it is necessary for us to make any changes to your return transport arrangements, we will make the best suitable arrangements and advise you as soon as we are in a position to do so. If this involves a change of UK arrival point, we will make onward arrangements to transport you by coach or otherwise at our election to your original place of departure.
1.6: UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES
Except where expressly stated in these Booking Conditions, we will not be liable and will not pay you compensation where the performance or prompt performance of our contractual obligations to you are prevented or affected by, or you otherwise suffer any damage, loss or expenses of any nature as a result of, “unavoidable and extraordinary circumstances”.
In these Booking Conditions, unavoidable and extraordinary circumstances means a situation which is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include without limitation (and whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, flood, pandemics/epidemics, closure, restriction or congestion of airports, other transport hubs or airspace, flight restrictions imposed by any regulatory authority or other third party, and volcanic activity. For the avoidance of doubt, unavoidable and extraordinary circumstances include the UK Foreign, Commonwealth and Development Office (FCDO) advising against all travel or all but essential travel to any country, region or destination and the Covid-19 / SARS-COV2 (and any mutation of the same) pandemic and its impact such as travel restrictions and the measures and other actions being taken by governments, public authorities and businesses to control and manage its effects (such as the implementation of social distancing).
Brexit Implications: Please note that certain travel arrangements may have been affected as a result of the United Kingdom’s ceasing to be a member of the European Union. This could include unavailability of certain flight routes, access to certain ports and airports and changes to the passport and visa requirements of British citizens travelling to, within or through the EU. Further information can be found on the Brexit pages of our website.
1.7: YOUR FINANCIAL PROTECTION
We provide financial protection for our package holidays.
The air holidays and flights in the brochure and on our website 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. 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. More details can be found at www.caa.co.uk or contact them at: Civil Aviation Authority, CAA House, 45-59 Kingsway, London, WC2B 6TE.
We automatically provide an ATOL Certificate where 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. 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 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.
All customers travelling on a self-drive or rail package holiday with us are protected under the ABTA scheme and our ABTA number is V4871. For more information please visit www.abta.com or contact ABTA, 30 Park Street, London, SE1 9EQ. 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.
1.8: OUR LIABILITY TO YOU
1. We accept responsibility for your arrangements as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 as set out in this clause. As such, we promise to make sure that the arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these Booking Conditions, we will accept responsibility if, for example, you suffer death or personal injury, or your contracted arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
2. We will not be responsible for any injury, illness, death, loss (for example, loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any nature or description arising out of the package holiday services if it results from:-
i. The act(s) and/or omission(s) of the person(s) affected; or
ii. The act(s) and/or omission(s) of a third party unconnected with the provision of your holiday and which were unforeseeable or unavoidable; or
iii. Unavoidable and extraordinary circumstances (see clause 1.6).
3. We cannot accept any liability for any damage, loss, expense or other sum(s) of any nature or description which:
(a) on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or
(b) did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers; or
(c) relates to any business (including without limitation, loss of self-employed earnings).
4. We cannot accept responsibility for any services which do not form part of our contract. This includes, for example, ski packs or excursions booked after your departure, or any ski packs, excursions and other additional services and facilities which your hotel or any other operator or supplier agrees to provide for you where the services or facilities are not advertised by us on our website and we have not agreed to arrange them as part of our contract. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out and we do not have any greater or different liability to you.
5. Except as set out in clause 1.8(5) or as otherwise permitted by English law, we do not limit the amount of damages you are entitled to claim in respect of personal injury or death which we or our employees have caused intentionally or negligently. For all other claims, if we are found liable to you on any basis, the maximum amount we will have to pay you is three times the total holiday cost (excluding any insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total, unless a lower limitation applies to your claim under clause 1.8(5). This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
Where any claim concerns or is based on any travel arrangements (including without limitation, the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies where we have arranged that travel as part of our contract, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which damages/compensation will be payable) will be limited as if we were the carrier in question as referred to in this clause 1.8(5).
The most we will have to pay you for that claim if we are found liable to you on any basis is the most the carrier concerned would have to pay you under the international convention or EU regulation which applies to the travel arrangements in question. Such conventions and regulations include the Warsaw Convention as amended or unamended and the Montreal Convention 1999 for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, EC Regulation 392/2009 on the liability of carriers of passengers by sea in the event of accidents and the Athens Convention relating to the carriage of passengers and their luggage by sea 1974 for international travel by sea (as amended by the 2002 protocol), the Convention on Limitation of Liability for Maritime Claims as amended by the 1996 protocol and the Convention of 1980 concerning International Carriage by Rail (COTIF) as amended. Where a carrier would not be obliged to make any payment to you under the applicable international convention or EU regulation (including where any claim is not notified and issued in accordance with the stipulated time limits), we, similarly, are not obliged to make a payment to you for that claim.
When making any payment, we will deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable international conventions and EU regulations are available from us on request. Please note that strict time limits apply for notifying loss, damage or delay of luggage to the airline or ferry / cruise operator. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable convention or EU regulation.
6. 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.
The promises we make to you about the services we have agreed to provide or arrange as part of our contract, and the laws and applicable standards of the country in which your claim occurred, will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which give rise to the claim were provided in compliance with the applicable local laws and standards, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and standards of the UK which would have applied had those services been provided in the UK.
The exception to this is where the claim concerns the absence of a safety feature which might lead a reasonable holidaymaker to refuse to take the holiday in question. Please note, however, our obligation is to exercise reasonable skill and care. We do not make any representation or commitment that all services will comply with applicable local laws and standards and failure to comply does not automatically mean we have not exercised reasonable skill and care.
In accordance with the Package Travel and Linked Travel Arrangements Regulations 2018, where your holiday includes return travel to the UK and we are unable to ensure your return on the contracted date as a result of “unavoidable and extraordinary circumstances”, we will arrange, or meet the cost of, any necessary accommodation (which, where possible, will be of a comparable standard to your contracted accommodation) for a period not exceeding three nights per person. Please note that this 3 night limit does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours in advance of departure.
1.9: YOUR LIABILITY TO US
The accommodation we have booked on your behalf is available for use only by those persons included on the booking, unless otherwise agreed by us in writing prior to departure from the UK. We have a duty to ensure that guests do not suffer damage or loss caused by preceding guests, so it is a condition of booking that whilst on holiday you are responsible for any damage or loss 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 will hold you and the members of your party jointly and individually liable for any deliberate or reckless damage or loss to the accommodation, furniture, facilities or equipment located within your accommodation or to which you otherwise have access or which are used as part of any skiing or other activity or excursion, together with any legal costs we or our suppliers incur in pursuing or defending any claim whish arises as a result. It is your responsibility to report any breakages, defects, loss or damage to an appropriate person immediately.
Acceptance of risk: As with all sporting activities and the nature of the holidays we provide and the activities you may choose to participate in, they all involve a degree of personal risk. In making your booking you recognise that many activities involve a degree of danger and risk of personal injury or death, and that the natural environment itself can be dangerous. By entering into a contract with us, or with suppliers of activities or ski extras, you accept these risks and responsibility for your own actions. Although we or our suppliers may provide instructions and tuition to you as part of the arrangements you book, which will assist in minimising these risks, your booking is accepted on the basis that you understand and accept the risks involved. If at any time you feel uncomfortable or unprepared to take part in or carry on with any activity, any instructor or supplier should be advised immediately.
Illness & accidents: Should you become ill or sustain an injury while on holiday with us, you must report your illness or accident to your Representative/our local Agent and the relevant persons (i.e. the hotel, excursion provider, ski equipment/lesson provider, etc.) while you are on holiday and as soon as possible after the illness or injury occurs. In addition, you should consult a local doctor during your holiday and consult your GP promptly upon return to the UK. Should you then wish to make a claim against us in respect of that illness or injury, you must provide us with details of both the local overseas doctor and your GP, together with your written authority for us to obtain a medical report from both those doctors should we or our insurers consider it appropriate to do so.
1.10: COMPLAINT RESOLUTION
We want all of our guests to have an enjoyable holiday with us, however if you are dissatisfied you must bring your complaint to our attention as soon as possible to your Representative/Agent and the relevant persons, for example the relevant provider (i.e. the hotel) while you are on holiday. Any verbal notification must be put in writing and given to them as soon as possible.
Your Representative’s contact number and any applicable visiting hours will be provided in your Welcome Pack. We will do everything reasonably possible to resolve your complaint during your trip. If you remain dissatisfied, please complete a Guest Service Report with your Representative. It is sometimes difficult, if not impossible, to investigate a complaint if it is not raised in resort and failure to follow this procedure may affect your rights under this contract.
We want to know if any issues remain unresolved, and would ask that you let us know within 21 days of your return. You can do this by calling, emailing or writing to our Guest Relations team using the details on our Contact Us pages. Please quote your booking reference and send any supporting documentation such as receipts and photographs you would like us to consider when resolving your complaint, as this information may help with the speed of our investigation.
If you fail to follow this simple procedure, we are unlikely to be in a position to properly investigate the matter and may be deprived of the opportunity to remedy it during your holiday. Subject to clause 1.8, your right to claim any compensation you may otherwise have been entitled to may be affected or even lost as a result.
As members of ABTA (membership number V4871) we operate in accordance with the ABTA Code of Conduct and, if we cannot resolve your complaint, can offer you ABTA’s scheme for the resolution of disputes via www.abta.com.
1.11: JURISDICTION
These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. If you live in Scotland or Northern Ireland, any claim you may wish to pursue must either be brought in the courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply). This position applies regardless of where in the world you may reside.
No Hotelplan Ltd UK or overseas employee in our resorts has the authority to vary these terms and conditions or the information on our website, or any of our company literature, either verbally or in writing, nor can they enter into verbal agreements with our guests.
1.12: VISAS, PASSPORTS AND HEALTH including Canada
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), which is valid for a minimum of 6 months after the date of return from your destination. If you are unsure if your passport has sufficient validity, you can check this here: https://www.gov.uk/foreign-travel-advice
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 do not have time, please carry the appropriate documentation, e.g. a marriage certificate, with you.
From 2025 onwards the European Travel Information and Authorisation System (ETIAS) will be effective, which will require UK citizens to hold an electronic authorisation to travel to or within the Schengen Zone (currently 26 EU member states). An ETIAS travel authorisation is a visa waiver which will be required regardless of the length of your visit. Once granted, it will be valid for 3 years or until your passport expires. It can only be applied for online and a fee will be payable unless an exemption applies. If you are unable to travel on your holiday because you have not obtained an ETIAS travel authorisation, our normal cancellation charges will apply.
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.gov.uk/knowbeforeyougo and the passport office website at www.passport.gov.uk. NB Canada operates an Advance Visa Waiver programmes for which you must have a 'chipped' passport to qualify and are required to complete registration before departure. For more information, visit: Find out if you need a visa to travel to Canada.
It is the responsibility of the party leader to ensure that all persons travelling are in possession of all necessary travel and health documents before departure. All costs in obtaining such documentation and complying with all requirements must be paid by you. We regret that we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to have any necessary travel or other documents or to comply with any applicable requirements. If you are unable to travel as a result of failure or inability to comply with any health-related or other requirements, cancellation charges will apply.
It is a condition of booking with us that you and all members of your party provide certain information that may be sent to government authorities, border control and/or security agencies, otherwise known as Advanced Passenger Information (API). This will normally include, but not be limited to, full name as shown on your passport, gender, date of birth, travel document type, number, country of issue and expiry date. It is your responsibility to ensure that this information is completed for all passengers on your booking. Entering this data does not mean that it is then ‘checked’ on your behalf – checking your passport validity and entry requirements remains your responsibility at all times.
Health:
Existing issued European Health Insurance Cards (EHIC) remain valid until their date of expiry even though the UK has left the EU. Under a new agreement with the EU, UK residents are now able to apply for a UK Global Health Insurance Card (GHIC) if your current EHIC has expired or if you do not have an EHIC. Both the EHIC and the GHIC are free to apply for and provide you with access to limited emergency and medically necessary healthcare in the EU during your holiday, though this will vary from country to country. They do not provide cover in the event that you require medical repatriation to the UK and neither are a substitute for comprehensive travel insurance, which you must have. You can still use your EHIC card, excluding Switzerland and Norway, if it is still valid and in date and as part of our terms and conditions, you must also still hold valid travel insurance to cover your personal circumstances, (pre-existing conditions, etc.). In Norway, you can show your UK Passport to receive limited urgent healthcare.
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. Medical prescriptions issued in the UK will no longer be recognised in an EU member state, so you should seek advice from your Doctor prior to travel.
Special Needs: 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. For more information, please see our Important Information.
1.13: TRAVEL GUIDANCE
The UK Foreign, Commonwealth and Development Office (FCDO) publishes regularly updated travel information which you are strongly recommended to consult before booking and in good time before departure. You are responsible for making yourself aware of Travel advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly - https://www.gov.uk/foreign-travel-advice
1.14: DATA PROTECTION POLICY
Our staff, professional photographers or other guests will occasionally take photographs or videos, which may include adult or child guests from your family/group, for use in future brochures, websites or other marketing material. 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 our marketing and on our 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 us and other Hotelplan group companies, (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, however please note that we may not be able to provide you with your holiday booking as a result. 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 special categories of data that you give us such as details of any disabilities, or dietary/religious requirements. We will obtain your explicit consent, at the time of booking, to collect and process these special categories of data and to pass them on to the relevant suppliers. If we cannot pass this information to the relevant suppliers, (whether in the EEA or not), we cannot provide your booking.
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 for 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 and recorded for training purposes.
Please see our Privacy Policy for full details on how we process your personal data.
1.15: UPDATES & CHANGES
These Booking Conditions were published on 12th October 2023 They may be updated from time to time, so please check here for the latest version that applies at the time we issue your Booking Confirmation, or request a printed version.
2: TRAVELLER INFORMATION
Part 1: General
The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018. Therefore, you will benefit from all EU rights applying to packages. We, Hotelplan Limited, will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, we have protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that we become insolvent.
More information on key rights under the Package Travel and Linked Travel Arrangements Regulations 2018 can be found below.
Part 2: Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018
• Travellers will receive all essential information about the package before concluding the package travel contract.
• There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
• Travellers are given an emergency number or details of a contact point where they can get in touch with the organiser or travel agent.
• Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
• The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
• Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
• Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
• Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
• If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
• Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.
• The organiser has to provide assistance if the traveller is in difficulty.
• If the organiser or the retailer becomes insolvent, payments will be refunded. If the organiser becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. Hotelplan Limited has taken out insolvency protection, for flight-inclusive holidays by virtue of its ATOL, held with the CAA, under ATOL number: 0025, and for non-flight packages, with ABTA Ltd (No. V4871). Please see clause 1.7 of our Booking Conditions for further information. Travellers may contact these entities if services are denied because of our insolvency.
Part 3: The Package Travel and Linked Travel Arrangements Regulations 2018 can be found here: https://www.legislation.gov.uk/uksi/2018/634/contents/made
