Booking Terms & Conditions - Nov 21

For bookings made from 16^th November 2021

These Booking Conditions, together with our "Important Information", Privacy Policy and any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Ski Elements Ltd trading as Flexiski of Sullivan Court, Wessex Park, Colden Common, Winchester Hampshire, SO21 1WP ("we", "us" and "Flexiski"), registered in England & Wales with company no. 07370523. Please read these Booking Conditions carefully as they set out our respective rights and obligations. In these Booking Conditions references to "you" and "your" mean the first named person on the booking ("lead name") and all persons on whose behalf a booking is made (including anyone who is added at a later stage or to whom a booking is transferred) ("party members") or any of them, as the context requires. References to "departure" are to the start date of the arrangements we have contracted to provide.

We offer hotel and chalet accommodation with meals as advertised. We can usually also arrange transfers from airports and railway stations and can assist in booking lift passes, ski equipment and ski lessons. The arrangements we make do not constitute a "package" and accordingly, the Package Travel and Linked Travel Arrangements Regulations 2018 do not apply to them.

By making a booking, the lead name agrees on behalf of all party members that:-

1. a) He/she has read these Booking Conditions and brought them to the attention of all party members and has the authority to and does agree to be bound by them
2. b) He/she consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all party members 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)
3. c) He/she is at least 18 years of age and where the booking includes any services with age restrictions, declares that those party members who intend to use such services comply with such age restrictions
4. d) He/she is personally responsible for payment of all amounts due on behalf of all party members
5. e) He/she will be solely responsible for the division of any refund or credit note between party members (refunds and credit notes will only be issued to the lead name).

COVID-19 – BOOK WITH CONFIDENCE

We understand that the coronavirus pandemic has raised many questions around what happens if your holiday is disrupted by Covid-19. We would therefore like to give you the following reassurance.

If your holiday cannot go ahead because of Covid-19 as defined in the conditions below we will offer you the following enhanced Covid Cancellation Protection terms in place of our normal terms covered in this contract.

Chalet Bookings

• You may move your holiday to another date, there will be no administration charge (consequent price variation will be refunded or payable)
• You may move your holiday to the same holiday and date the following season with no price change or administration charge.  Meaning the same accommodation, date, duration, board basis and passenger numbers
• You may choose to take a credit voucher for the full holiday booking value, this may be used for a new booking which must be booked by 30^th April 2023 (you must travel by 30th April 2024)
• You may choose a cash refund: 75% will be returned by bank transfer within 14 days of cancellation and a credit voucher will be issued for the remaining 25%*

* We will issue you with a credit voucher for 25% of the booking value. This covers the administration charge of 25% per booking that is retained to cover the irrecoverable business costs which we are entitled to retain as detailed in our terms below. Any refund by bank card will be liable to a 2% handling charge. This credit can be transferred to another party but may not be exchanged for a cash alternative. Credit notes must be redeemed against the same accommodation type as originally booked.

 

Hotel Bookings

• Cancellation conditions will mirror each specific hotel's own Covid cancelation conditions:

• Where the hotel provides a refund: You may choose a cash refund from which £50 will be retained per booking**, this will be issued as a £50 voucher for future use on any Flexiski Holiday.

• You may choose a 100% credit voucher for the full holiday booking value; this may be used for any new Flexiski booking which must be booked by 30th April 2023 (you must travel by 30th April 2024)

• Where a hotel only offers a credit for a future booking, this will be passed to the customer in full.

• Deposit values and payments will match with hotels specific deposit requirements at the time of booking.

** This covers the administration charge of £50 per booking that is retained to cover the irrecoverable business costs which we are entitled to retain as detailed in our terms below. Any refund by bank card will be liable to a 2% handling charge.

Ski Holiday Extras

• If you have booked ski hire and/or lift passes and are unable to travel with us, these will be refunded in full by bank transfer with no additional charge.  Any refund by bank card will be liable to a 2% handling charge.
• If you have booked transfers with us, they will be subject to the transfer provider refund policy.

Conditions Covered by the Covid Cancellation Protection

If you are unable to travel on your holiday due to FCDO forbidding you to travel to your destination or the destination country closes its borders to arrivals from the UK.

If FCDO goes beyond "advice not to travel" and specifically "forbids travel" to the country we will apply the Covid Cancelation Protection above. Otherwise, if we are able to provide holidays in these countries, if the borders, resort and accommodation is open your holiday can go ahead.

If your resort or ski area is closed due to Covid-19

We will offer you an alternative resort with accommodation of similar or higher standard to that booked.

If we are unable to offer you an alternative, we will apply the Covid Cancellation Protection above.

If your accommodation is closed because of Covid-19

We will offer you alternative accommodation of similar or higher standard to that booked, which may be in a different resort.

If we are unable to offer you an alternative, we will apply the Covid Cancelation Protection above.

If as a result of the impact of Covid-19, we decide we are unable to provide the services you have contracted with us

It is very unusual for us to cancel your holiday and we will make reasonable efforts to ensure you get what you have booked. 

If there is any loss of facility or service which affects your holiday this is covered in our normal Terms and Conditions below.

If we are unable to offer you an alternative, we will apply the Covid Cancellation Protection above.

If before you travel, there are restrictions or quarantines on arrival in the country you are visiting. 

Covid Cancellation Protection will apply:

Where you are required to quarantine for more than 24 hours

If before you travel, there are restrictions or quarantines on arrival in the country you are visiting. 

Covid Cancellation Protection will not apply:

If in order to enter the country of travel you are required to demonstrate that you have been vaccinated and/or possibly tested before you leave the UK

If in order to enter the country of travel you are required to be tested on arrival and remain in isolation until you have the result within 24 hours of arrival into the country of travel.

If before you travel or whilst you are away, the obligation to self-isolate or quarantine or have further tests on your return from your country of travel is applied.

We are unable to offer you a refund or credit.

If the number of separate parties who are allowed to share an accommodation is limited due to local rules/laws.

We will endeavour to find you an alternative accommodation of the same or better standard in the same or different resort. 

If we are unable to offer you an alternative, we will apply the Covid Cancellation Protection above.

If the number of guests who can share a transfer is restricted, this may result in longer than normal airport waiting times or require you to leave resort earlier than we would ordinarily plan.

Our normal booking conditions apply, there is no additional Covid cover.

If due to new processes at the airport or borders your travel is delayed or more check-in time is required on your return.

We cannot be responsible for any loss of time in resort.  This may also result in having to leave resort early to ensure sufficient time to board your flight.

If you go home early or curtail you holiday

Our normal booking conditions apply, there is no additional Covid cover.

If you have been tested positive for Covid or you are in self isolation within 14 days of travel*, can you still go on my holiday or get a refund?

We are sorry but if due to government guidelines you are not allowed to travel due to being in quarantine/self-isolation, you will need to claim on your travel insurance for the loss of holiday, please ensure that you have adequate travel insurance cover for this.

Note * 14 days may vary depending on government guidelines.

If my flight or crossing gets cancelled or changed can I claim a refund?

If the borders, resorts and accommodation are open your holiday with Flexiski is still available.  We will be as flexible as possible to help you. You can cancel the accommodation under normal cancellation conditions in the booking T&C’s. We are unable to offer you a refund or credit if your travel arrangements change.

If I decide I no longer want to travel can I claim refund?

Disinclination to travel is not covered and our normal booking conditions apply.

Additional note

You must comply will any/all local requirement for testing during your stay. This may include frequent testing in order to access public places, your chalet or hotel communal areas could fall into this category. Additionally, you may be required to wear face masks as required by local guidelines.

FULL BOOKING CONDITIONS

1. Booking & Paying for your Arrangements

A booking is made with us when a) you tell us that you would like to accept our written or verbal quotation; b) you pay us a deposit (or if you are booking within 12 weeks of departure, full payment); and c) we issue you with a confirmation invoice. The deposit payable at the time of booking is £200 per person. The lead name accepts responsibility for ensuring that all payments are made when due. The booking will not be confirmed until the full deposit is paid. The price payable will be that applicable when the full deposit is received which may be higher than that quoted if there is a delay in paying the full deposit. We reserve the right to return your deposit and decline your booking at our absolute discretion.

A binding contract will come into existence between you and us as soon as we have issued you with a confirmation invoice that will confirm the details of your booking and will be sent to you or your travel agent. Once confirmed, the booking deposit, additional charges paid and insurance premiums will not be refunded in the event of cancellation except in the circumstances specified in clauses 7 or 10 or as otherwise required by law. The balance of the holiday arrangements must be paid 12 weeks prior to departure; the date will be shown on your confirmation invoice. We do not send reminders. If the balance is not paid on time, we reserve the right to treat your booking as cancelled by you and retain your deposit. If your booking is not cancelled straight away because you have promised to make a payment you will need to pay the cancellation charges set out in clause 6 depending on the date we reasonably treat your booking as cancelled.

Please check your confirmation invoice and any other documentation we send you immediately on receipt and let us know straight away if you believe that any details are inaccurate or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies in any document (for which we are responsible) within ten days of our sending it out.

All monies you pay to one of our authorised travel agents for your holiday arrangements with us will be held by the agent on your behalf until a contract between us comes into existence. After that point and providing payment is made in accordance with these booking conditions, your agent will hold the monies on our behalf until they are paid to us. Please note, we are not responsible for any monies held by an authorised travel agent before we issue our confirmation invoice. You must only make payment to an authorised travel agent in accordance with this clause. We will not be responsible for payments held by a travel agent in respect of a confirmed booking where, for example, you pay the balance more 13 weeks in advance of departure even where the agent asks you to do so.

2. Law & Jurisdiction

We both agree that your contract (including these Booking Conditions) and all matters arising out of or in connection with it (including any dispute, claim or other matter of any description ("claim")) will be governed in all respects by English law (and no other). We both also agree that any claim must be dealt with by the Courts of England and Wales. You may, however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.

3. Accuracy

We endeavour to ensure that all the information and prices on our website or elsewhere are accurate, however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.

4. If You Change Your Booking & Transfers of Bookings

If, after confirmation has been issued, you wish to change your holiday arrangements, please advise us, by telephone and in writing, as soon as possible. Whilst we cannot guarantee changes can be made, we will do our best to assist. Where a change is possible, administration charges will apply as follows (in addition to any charges our suppliers may impose): £25.00 per name change and £25.00 per person for all other changes. Any changes (other than name changes) notified to us less than 14 days prior to departure will be subject to full cancellation charges as referred to in clause 5. Subject to the transfer of booking provision below, any name changes made by you within six weeks of departure will be subject to full cancellation charges as referred to in clause 5.

Transfer of Booking:

You may transfer your booking or your place on the booking to someone else without payment of our cancellation charges, subject to the following conditions:

1. that person is introduced by you and satisfies all the conditions applicable to the holiday.
2. the request for transfer is accompanied by the name and other applicable details of the replacement person(s) ("transferee");
3. we are notified of the request not less than 7 days before departure.
4. 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; and
5. the transferee agrees to these booking conditions and all other terms of the contract between us.

The original party member(s) and the transferee remain jointly and severally liable for payment of all sums. If you are unable to travel and cannot find anyone to take over your booking or place on the booking, cancellation charges as set out in clause 5 will apply. Otherwise, no refunds will be given for passengers not travelling or for unused services.

IMPORTANT NOTE: Certain arrangements cannot be changed after a reservation has been made so that 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 from the time of booking.

5. If You Cancel Your Holiday

You may cancel your confirmed holiday at any time before departure. You may also transfer your booking as referred to in clause 4. If you want to cancel your booking after it has been confirmed, you must do so in writing (which can be by e-mail). Your notice of cancellation will only be effective when it is received in writing by us at our offices. As we incur costs from the time we confirm your booking, you will have to pay the cancellation fees below. In calculating these cancellation charges, we have taken account of possible cost savings and the generation of income from other bookings which may be able to utilise 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 you leave within which we receive written notice:	Cancellation charge
85 days or more	Loss of deposit
57-84 days	30% of full cost or deposit if greater
36-56 days	50% of full cost or deposit if greater
22-35 days	70% of full cost or deposit if greater
15-21 days	90% of the full cost
1-14 days	100% of the full cost

IMPORTANT NOTE: Cancellation of certain arrangements after confirmation incurs a 100% cancellation charge.

The date of cancellation is calculated from receipt of the notification by us. You may be able to make a claim under your travel insurance policy if your cancellation falls within the conditions of the policy. Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/or the concessions agreed for your booking were calculated, we will recalculate these items and re-invoice you accordingly. Similarly, room occupancy changes will affect the price. You will be responsible for payment of these extra costs.

Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.

This clause 5 outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Directive 2011/83/EU).

Please also see the paragraph headed "COVID 19 – Book with Confidence" above.

6. Changes and Cancellations by us

We start planning the arrangements we offer many months in advance. Occasionally, we have to make changes to and correct errors in advertising and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.

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 social distancing) 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.

Except as set out in "Covid-19 - Booking with Confidence" above, in the event that your booked accommodation is not available for any reason or we have to make a significant change to or cancel your confirmed booking, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of:

i           (for significant changes) accepting the changed arrangements; or

ii          if available, accepting an offer of alternative arrangements of a comparable or higher standard (where the alternative arrangements are more expensive than those booked, you may be asked to pay the price difference); or

iii          if available, accepting an offer of alternative arrangements of a lower standard (with a refund of the price difference where applicable); or

iv         receiving a refund of all monies paid to us.

You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.

Please note, we will not be responsible for any other expenses you incur as a result of the cancellation of or change to your booking including without limitation, the cost of flights or any other form of transport. The above options will not be available where any change is not significant.

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.

Number of days before departure a significant change or cancellation is notified to you	Compensation per full paying party member*
More than 60 days	£0.00
60 – 29 days	£15.00
28-15 days	£20.00 for holidays of 5 days or more; £40.00 for holidays of 6 days or more.
0-14 days	£30.00 for holidays of 5 days or less; £40.00 for holidays of 6 days or more.

*IMPORTANT NOTE: We will not pay you compensation in the following circumstances:

• where we make a minor change.
• where we make a significant change or cancel your arrangements more than 56 days before departure.
• where we make a significant change, and you accept those changed arrangements or you accept an offer of alternative travel arrangements.
• where we have to cancel your arrangements as a result of your failure to make full payment on time.
• where the change or cancellation by us arises out of alterations to the confirmed booking requested by you.
• where we are forced to cancel or change your arrangements due to Force Majeure (see clause 9).

Please note, the above options are only applicable where we are unable to provide the contracted arrangements. Without limitation and except as set out in "Covid-19 – Book with Confidence", you will not be entitled to a refund and cancellation charges are likely to apply where you are unable to travel on holiday for any reason.

Very rarely, we may be forced by force majeure (see clause 9) to change or terminate your arrangements after they have commenced but before their scheduled end. This is very unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.

7. If You Have a Complaint

Flexiski strive to resolve any issues you may have on holiday as quickly as possible. You both must contact a member of our in-resort team immediately in the event of a problem, and if relevant the supplier so that they have the opportunity to try to put things right. If your complaint cannot be completely resolved locally, you must follow this up by putting your complaint in writing within 28 days of your return home. It is a condition of this contract that you communicate any problem at the earliest opportunity to the supplier, and our representative whilst in the resort. Failure to do so will deprive us of our ability to investigate and rectify your complaint at the time and may affect any claim you may make.

You can also access the European Commission Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.

8. Your Holiday Price

We reserve the right to amend the price of unsold holiday arrangements at any time and correct errors in the prices of confirmed holiday arrangements. Prices can go up or down. We will be able to tell you or your travel agent the up-to-date price of your chosen travel arrangements and of any other services advertised by us before confirming your booking. Holiday prices include accommodation and meals as specified in the holiday description and VAT at the current rate where applicable. Drinks with your evening meal, morning coffee, afternoon tea and other refreshments are only included if explicitly specified for your chosen accommodation. Gratuities to the hotel staff and drivers/couriers are discretionary.

Your booking includes the right to use accommodation up until 09:00 on your day of departure, following your last paid night of accommodation.  In Flexiski run chalets, we will endeavour to provide storage facilities and a place to change up until 17:00 on the day of departure, but this is not guaranteed.  In all eventualities you must leave the accommodation when requested after you last night. There are no exceptions to this as the accommodation will have new guest arriving on your day of departure. In the event or injury or illness, you must find alternative accommodation which you should have adequate travel insurance cover for.

The price of your travel arrangements has been calculated using exchange rates quoted by moneycorp (TTT Moneycorp Limited) on an ongoing basis in relation to the following currencies: Euros, CHF, SEK, NOK.

We also reserve the right to increase the price of confirmed holidays solely to allow for increases which are a direct consequence of changes in:

• the price of the carriage of passengers resulting from the cost of fuel or other power sources.
• the level of taxes or fees on the travel services included in the contract imposed by third parties not directly involved in the performance of the holiday; and
• the exchange rates relevant to the package.

We will absorb and you will not be charged for any increase equivalent to 2% of the price of your package holiday arrangements, which excludes insurance premiums, any amendment charges and/or additional services or travel arrangements which do not form part of the package. You will be charged for the amount over and above that.

However, if this means that you have to pay an increase of more than 10% of the price of your confirmed holiday arrangements (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements which do not form part of the package), clause 6 will apply on the basis the increase is a significant change. 

You will be notified of any price increase or reduction applied in accordance with this clause together with the justification for and calculation of this not less than 20 days before departure. Any surcharge must be paid with the balance of the holiday cost or within 14 days of the issue date printed on the invoice, whichever is the later.

Should the price of your holiday go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee of £10. However, please note that holiday arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your holiday due to contractual and other protection in place.

There will be no change made to the price of your confirmed holiday within 20 days of your departure nor will refunds be paid during this period.

9. Force majeure and United Kingdom’s decision to leave the European Union

Except where otherwise expressly stated in these Booking Conditions we will not accept any liability or pay you compensation if the performance or prompt performance of our contractual obligations is prevented or affected by, or you otherwise suffer any damage or loss (as more fully described in clause 13(1)) as a result of force majeure. In these Booking Conditions, force majeure 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 (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, natural disaster, adverse weather conditions, fire, flood and epidemics. Force majeure also includes the coronavirus pandemic and its effects including the measures and other action being taken by governments, public authorities and businesses to control and manage its effects (such as travel restrictions and social distancing).

Brexit and pandemic implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union and ongoing measures and actions to deal with Covid-19. This could include the unavailability of certain flight routes, access to certain ports and airports, the provision of transfers and an inability for us to staff our chalets, due to an end to freedom of movement or other arrangements for the temporary posting of workers overseas. This specifically means that you may not have a chalet host or representative from flexiski.  Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely outside our control, we would treat the cause of any such changes as force majeure and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation. Please also refer to clause 6.

In particular if, as a result of Brexit or operational restrictions as a result of pandemic (whether applied by the government, local officials, illness or through practical limitations), we are unable to staff our chalets in the manner advertised then we may be in a position where we are unable to deliver certain elements of your booking. This is most likely to affect but is not limited to the provision of catering and cleaning services. Should this happen, you will still be able to take your holiday and make use of your booking and we will provide a proportionate refund as follows for the services not provided:

• For each day on which an evening meal and wine is not provided, we will pay a refund of £15 per person.
• For each day on which afternoon tea & cake is not provided, we will pay a refund of £3 per person.
• For each day on which breakfast is not provided, we will pay a refund of £3 per person.
• In respect of cleaning, the accommodation will be clean, and beds will be made on your arrival, however, if we are unable to attend/clean your chalet during your stay, you will be entitled to a refund of £5 per room per day affected.

In chalets operated by us, we do not provide cleaning or dinner on 2 days each week and no compensation will be due with respect to these days.

10. Special Requests and medical conditions/disabilities / reduced mobility

Special requests are noted and passed on to the relevant parties, but cannot be guaranteed. Requests must be made in writing at the time of booking. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. For your protection, you should obtain confirmation in writing that a special request will be complied with (where it is possible to give this) if it is important to you. Any special request which we have accepted will be specifically confirmed as accepted on your confirmation invoice.

Our holidays may not be suitable for people with certain disabilities, medical conditions or significantly reduced mobility. Before you make your booking, we will advise you as to whether the proposed holiday arrangements are generally suitable for someone with reduced mobility.  However, reduced mobility, of course, means different things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause of disability.

11. Conduct

We reserve the right to refuse to accept your booking or to allow your holiday arrangements to continue if your behaviour is disruptive, dangerous or adversely affects other people or is threatening or abusive towards our staff or agents in the UK or resort, on the telephone, in writing or in person. If the driver of any transfer vehicle or our resort staff reasonably believe that you could be disruptive, they can also refuse to let you proceed with your travel arrangements. If this means you are not allowed to board planned transport, we will treat your booking as cancelled by you from that moment, and you will have to pay full cancellation charges (see clause 5). If this behaviour occurs overseas with the result that your holiday is terminated then you will become responsible for your own return travel arrangements (including those of any other members of your group who cannot or will not travel without you). With respect to accommodation provided by us or a third party, if we/the manager/owner consider your behaviour to be similarly dangerous, disruptive or threatening or representing a risk to others, we retain the right to immediately terminate your contract with that supplier and flexiski.  In any of these circumstances no refunds, expenses or compensation will be paid to you and we may make a claim against you for any damages, costs, expenses and other sums which are incurred by us as a result of your behaviour such as the costs involved in diverting an aircraft where you need to be removed. Criminal proceedings may also be instigated by the relevant authorities.

12. Holiday Insurance

We consider adequate travel insurance to be essential. It is a condition of our accepting your booking with us that you and your party obtain suitable travel insurance, from a reputable provider, at the time of booking your holiday which provides appropriate cover. In summary, the policy must at least include the following cover: -

• Expenses arising from a medical emergency including, amongst other costs; ambulance charges and repatriation (if necessary, by air ambulance)
• Expenses arising from illness or injury whilst on holiday which result in additional costs in relation to accommodation and travel
• Cancellation of your trip or Curtailment cutting short your trip due to circumstances outside your control including without limitation as a result of your inability to travel due to UK Foreign Office advice against non-essential travel
• Personal Liability to include, amongst other liabilities; damage caused by your (or your party’s) negligence in relation to the property in which you are staying (which may not include a clause which restricts actions being taken against a travelling companion other than family and must include contractual liability of the party leader for the actions of his party
• Travel and transfer delays which must include amongst other costs; additional costs incurred in the event of a delay
• The policy must include the activities you are likely to do in particular as regards skiing, snowboarding or other winter sports activities
• The policy must cover the period from the date of booking to the last day of your trip and may not have a clause allowing the insurer to cancel the policy nor vary the terms usually following medical reasons unless there has been individual underwriting with specific terms. 

Note:- There are of course other sections to a Travel Insurance policy such as Baggage, Legal Expenses, Personal Accident and so on     

Should you decide to take out a policy with a third party offering the same or greater protection, for each passenger travelling in your party you must provide us with the name, address, policy number and details of the emergency and medical repatriation telephone number, within 14 days of booking. Please note, for people hiring our ski & snowboard clothing or equipment, we will require proof that the policy covers for loss or damage. Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. This applies even where insurance is included in the cost of your holiday. We do not check alternative policies for suitability. In the event that you fail to obtain suitable Travel Insurance which complies with this clause, we shall not be liable for any costs incurred or claims made against us due to your failure to comply with this term. We also reserve the right not to pay a claim (for example, for a refund) where your travel insurance does not provide cover when it should have done in accordance with this clause or your travel insurers refuse to pay the claim for which you are required to have cover. 

Most policies require any loss or injury to be reported in resort to a member of our team or in the event of theft to the local authorities, it is entirely your responsibility to do this and to ensure that this has been recorded to your satisfaction. We are unable to confirm any event that has not been recorded at that time.

We strongly recommend that you carefully consider the cover you require in relation to Covid-19 both in the UK and whilst on holiday.  We have clearly explained what we will and will not cover in this document, it is your responsibility to ensure that you are covered to your satisfaction.  Specifically, we advise that you insurance should cover you for cancellation due to illness before you trip, for illness whilst away and for any additional accommodation or holiday extension cost you may incur.

13. Our Liability

(1) We arrange for the provision of accommodation, transfers and items such as lift passes and ski equipment. We do not ourselves own the accommodation or operate any transfers or other services. We undertake to use our reasonable skill and care in the provision of services which are provided by our employees in the course of their employment. For all services (which includes transfers) which are provided by any person or entity other than our employees, we undertake to use our reasonable skill and care in the selection of those suppliers but, providing we have done so, are not responsible for their acts and omissions or the actual performance of those services.

(2) We will not be responsible for any injury, illness, death, loss (including loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: -

• the act(s) and/or omission(s) of the person(s) affected; or
• the act(s) and/or omission(s) of a third party not connected with the provision of your arrangements; or
• 'force majeure' as defined in clause 9 above

(3) Please note, we cannot accept any responsibility for any services which we do not specifically contract to provide. This includes, for example, any additional services or facilities which any supplier agrees to provide for you where we have not agreed to provide these as part of our contract and any activities which we arrange for you during your holiday. 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 above and we do not have any greater or different liability to you.

(4) Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £250.00 per person affected. Any payment is subject to your producing appropriate proof of the contents and value of the luggage or personal possessions concerned and demonstrating that you have taken proper care of your property. For all other claims which do not involve death or personal injury, we limit the maximum amount we will have to pay you in the event that we are found liable to you on any basis to twice the cost paid by the person(s) affected.

14. Passport, Visa & Immigration Requirements & Health Formalities

PLEASE DO DOUBLE CHECK THE VALIDITY OF YOUR PASSPORT

PLEASE CHECK THAT YOU HAVE SUFFICIENT TIME REMAINING OF YOUR 90 DAY STAY LIMIT IN TH EU.

It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your holiday. All information we provide is general in nature and passed on in good faith without liability for its accuracy. You must check the latest position and requirements for your own specific circumstances with reliable sources of information (such as those referred to below) and your own doctor/travel clinic as applicable. Requirements do change, sometimes at very short notice. You must check the up to date position in good time before and close to departure.

For British citizens, a full British passport would generally take approximately 3 to 6 weeks to obtain but is currently (August 2020) taking much longer. If any person travelling (who is a British citizen) is 16 or over and hasn’t yet got or had a passport, even more, time needs to be allowed as the UK Passport Service has to confirm identity before issuing a first passport. Please ensure you check the latest position on applying for or renewing a passport at the earliest opportunity.

Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410

The UK Government has published a website tool to check the validity of your passport: https://www.passport.service.gov.uk/check-a-passport

Special conditions apply for travel to the USA, and all passengers must have individual machine-readable passports. Please check https://uk.usembassy.gov.

Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.gov.uk/foreign-travel-advice and https://travelaware.campaign.gov.uk which you are strongly recommended to consult before booking and in good time before and close to departure.

Non-British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.

It is the lead name’s responsibility to ensure you obtain details of and comply with all recommended and required vaccinations, health precautions and other health-related measures (including those which are introduced to deal with coronavirus) in good time before departure. Details should be available from your GP surgery and travel clinics and from the National Travel Health Network and Centre www.travelhealthpro.org.uk. Information on health is also available on www.nhs.uk/live-well/healthy-body/before-you-travel

It is the lead name’s responsibility to ensure that all persons travelling are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country or are otherwise unable to travel due to failure on your part to carry all required documentation or to otherwise comply with all applicable requirements (including health/coronavirus related ones). If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us or expenses or costs being incurred by us, you will be responsible for reimbursing us accordingly. 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 as referred to in clause 6.

Please Note: Should any of the visa or passport requirements applicable to your trip change as a result of the United Kingdom’s exit from the European Union, it will remain your responsibility to ensure that you are able to comply (and do comply) with any such requirements that may be in place, following Brexit.

15. Excursions and activities

Excursions, activities or other tours that you may choose to book or pay for whilst you are on holiday are not part of your contracted arrangements with us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.

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