The Ski Week - Terms and conditions
You enter into a booking with us when we issue our confirmation invoice. If you then cancel, there will be cancellation charges. Initially this may only be a deposit but can go up to 100%.
You can make changes to your booking in certain circumstances. We make a charge for this. We can change and cancel your booking. We’ll pay you compensation in certain circumstances.
We are responsible to you for providing your holiday but there are legal limits.
In respect of bookings made in the European Economic Area (EEA) ONLY: we provide protection for your money via a financial failure insurance policy with MGA Cover Services trading as Affirma, Kemp House, 152 City Road, London, EC1V 2NX, Tel: +44 (0) 203 540 4422.
PLEASE NOTE: Financial failure insurance is only applicable to bookings made in the EEA.
NB read the full terms below for more information and for other important rights and obligations.
BOOKING TERMS AND CONDITIONS
This document sets out the standard booking terms and conditions of The Ski Week Ltd (referred to in this document as ‘TSW’), a company registered in the United Kingdom with the number 09116193 whose registered address is 4th Floor Universal House, 88-94 Wentworth House, London, E1 7SA, UK.
Please ensure you read this document in full before booking. Important sections are underlined. Any references to ‘you’ are to the you, the holidaymaker, who has contracted with TSW either in your own right or on behalf of others.
THE NATURE OF THESE TERMS
- As soon as any payment is made, a contract will automatically arise between you and TSW, granting both parties respective duties and obligations under that contract. These terms and conditions will form the basis of the contract between you and TSW.
- TSW reserves the right to make reasonable changes to these terms and conditions at any time where such changes are necessary (for instance, in the case of a change in the applicable laws or regulatory requirements). Such changes will take effect when the updated terms and conditions are uploaded to TSW website.
The type of arrangements you book will determine if your contract is with us or with another supplier of travel services. Your contract will be with us if you book, at an inclusive price, at least 2 or more of the following pre-arranged combination of services:
- transport (e.g. coach transfer from the airport to the resort);□
- accommodation (e.g. in one of our partner apartments); and,
- other tourist services not ancillary to transport or accommodation which account for a significant part of the arrangements (e.g. an event pass);□
when the above services are taken together and:
- cover an uninterrupted period of at least 24 hours; and/or,
- include an overnight stay.
- If the arrangements booked with us do not fall within the above clauses, your contract will be with the relevant supplier and not with TSW. The relevant supplier’s details will be provided to you at the time of booking, together with their standard terms and conditions which shall apply to your booking with the relevant supplier. □When a booking is made through a supplier TSW shall have no responsibility over the booking procedure of the supplier, and shall not be liable for any fault of said supplier.
- When you ask us to confirm your holiday booking you guarantee to TSW that you accept, and have authority to accept on behalf of your party and/or obtained permission to accept from your Group, these Terms and have read the important information relating to your holiday booking. These Terms, along with the information contained in your booking confirmation invoice email (‘Invoice’) comprise your contract with TSW (subject to the above clauses in this section) and the agreement of all those listed on the holiday booking on whose behalf the Booker is acting. No variations to these Terms shall be valid unless agreed by us in writing. TSW reserves the right to amend these Terms from time to time.
- When you confirm your holiday booking you also agree to us processing the personal information you supply relating to you and your Group in order to procure for you the services requested under the holiday booking. Our holidays start and finish at the destination or points of travel stated on your Invoice. We are not responsible for your travel to and from the destination or points of travel or for any additional expenses including but not limited to travel costs, accommodation costs, subsistence, or loss of earnings caused by delays (howsoever caused). These expenses may however be recoverable under any private travel insurance policy you have in place.
- Changes to these Terms or to any information appearing in our promotional material will only be valid if expressly agreed by us in writing. Our website will display any changes to this information. You are encouraged to check our website for updated Terms before booking.
- We cannot accept liability for, and cannot guarantee, the accuracy of telephone or other oral conservations and the accuracy of prices, quotes and booking information on our website. Therefore, all telephone and website prices, quotes and booking information are subject to our written confirmation. This is why it is important that you check your confirmation invoice as soon as you receive it.
- We will not accept any liability for any errors on your Invoice that are not brought to our attention in writing at email@example.com within 5 clear working days of the date of your Invoice.
- There may exist circumstances in which we are unable to confirm part of your holiday booking arrangements at the time of confirmation of your holiday booking. Examples include but are not limited to coach transfer departure times. If these circumstances exist, you will be informed of this in your Invoice.
- You must be at least 20 years of age to book with TSW. There may be other age restrictions relating to our offers or services and these will be detailed in these offers or in the descriptions of these services.
- In these terms and conditions, the ‘Booking Ratio’ refers to any Group’s gender ratio applicable to or otherwise prevailing at the time the Booker made the relevant TSW holiday booking, whereas the ‘Checking-In Ratio’ refers to any Group’s gender ratio at the time of checking-in at any TSW check-in venue. In the event the Checking-In Ratio does not conform to the Booking Ratio, TSW reserves the right to either refuse wristband allocation or apply a EUR(€) 200 administration fee on-site to adjust the Checking-In Ratio to conform to the Booking Ratio. The EUR(€) 200 administration fee shall apply to each and every guest which requires adjustment and shall not be blanket administration fee applicable to the booking as a whole. By way of example, if a group of ten persons has a Booking Ratio of 50/50 males to females, then an administration fee of EUR 800 shall apply in the event the Checking-In Ratio is 70/30 males to females.
- The Booking Ratio cannot be changed once entered. There is a possibility that TSW staff may be able to make manual changes to your booking in order to alter the Booking Ratio, but these changes cannot be guaranteed. Should any change be possible, an admin fee will be chargeable. TSW accepts no liability if you make a mistake when entering the Booking Ratio.
THIRD PARTY EXPERIENCE OFFERING
- From time to time the booker may engage in third party experience offerings. These offerings are independent from the services provided by TSW and thus are subject to payment of a fee directly to the third party offering the experience in question.
- These offerings do not form part of the package offered to you by TSW. As such, TSW shall have no responsibility for for the services provided nor liability for damage or loss caused by the provision of these services.
- TSW cannot warrant nor guarantee that the third party offerings shall operate on the date in question. Reasons for this may include force majeure events or capacity issues. In such circumstances the service may be cancelled without notice. TSW shall have no liability for any loss of enjoyment nor associated damages that may arise out of the service’s failure to perform.
PAYING FOR YOUR HOLIDAY
The holiday booking procedure is as follows:
- on making a booking you should provide TSW with the number of places you wish to reserve by completing the online booking form via TSW website with the Guest names together with any additional Guest information (if required);
- your Invoice will be sent to the Booker via email;
- your Invoice will state the total holiday booking cost and the dates by when payments must be received by TSW (with such cost and dates to differ from event to event);
- if the final balance is not received by the final balance due date then TSW may automatically treat this contract as being cancelled;
- if any money is paid by Guests to the Booker until it can be paid to TSW, the Booker shall hold such money on trust and be responsible for any monies owed or outstanding by those Guests (no Group booking will be confirmed until all members constituting the Group have made their final payment and the Group, as a whole, have no outstanding balance due); and,
- in the unlikely event of a payment error in your Invoice (e.g. where a duplicate payment is taken on the booking) it will be your responsibility to contact us and highlight the error within five clear working days of the date of the Invoice. □
- You will pay TSW the sum specified in the confirmation invoice.
- The default invoice price is in EUR (€) for events taking place in Europe and Japan and USD ($) for events taking place in America and Canada. If you choose to pay with GBP (£) (or any other currency) the price listed may change depending on fluctuations in exchange rates including the internal exchange rate which TSW may apply in any future payment transactions. For this reason, you are advised to pay in the currency reflecting the destination of your choice if you do not agree to pay any price variations as a result of fluctuations in exchange rates including the internal exchange rate which TSW may apply in any future payment transactions
- The payment instalment plan will vary depending on the event week and destination you have booked. You will be advised of the specific payment plan for your booking prior to confirmation.
- If you fail to pay an instalment by a payment due date TSW reserves the right to cancel the booking and you will not be entitled to a refund of any sums paid.
- It is the guests’ responsibility to check the payment due dates and ensure that payments have been made in accordance with the payment instalment plan. Any delay in making a payment may result in your booking being cancelled by TSW without a refund. If you are likely to be unable to make a payment on time you must contact TSW as soon as possible to request an extension to the relevant payment due date. If such an extension is agreed, TSW will communicate this to you in writing.
- If payments are not made from an account/card in the name of the lead booker, TSW reserves right to request authorisation from the account holder.
CHANGES IN THE PRICE OF YOUR HOLIDAY
- TSW reserves the right to change the price of your booking before your booking is confirmed.
- Any such changes will be communicated to you. TSW reserves the right to correct pricing errors after confirmation. In the unlikely event of a pricing error, we will notify you of the correct price and you will have the option to pay the correct price or cancel the booking with a full refund.
- Prices do not include the associated food costs
- The default invoice price is in EUR (€) for events taking place in Europe and Japan and USD ($) for events taking place in America and Canada, but you may be able to pay in GBP (£) or any other currency specified as being available and accepted by TSW on The Ski Week website from time to time.
- TSW can change your holiday price after you’ve booked in certain circumstances:
- Changes in the price of the carriage of passengers resulting from changes to the cost of fuel or other power sources, the level of taxes or fees imposed by third parties including tourist taxes or exchange rates mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 20 days of your departure.
- We will absorb, and you will not be charged for, any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that. If this results in an increase equivalent to more than 8% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel:
- you must do so within the time period shown on your final invoice
- We will provide a refund of insurance premiums paid to us if you can show that you are unable to transfer or reuse your policy.
- Should the price of your holiday go down due to the cost changes mentioned above, then any refund due will be paid to you. We will deduct from this refund our administrative expenses incurred. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place
- If there is an error in room type, occupancy or price, we reserve the right to amend the price or accommodation to a reasonable alternative should that room type not be available.
- Coach transport suppliers may charge a fuel supplement (due to the instability in oil prices) which will be included in the price of your holiday. As oil prices change regularly, the price you pay for this component of your holiday booking may not be displayed on our website as we are not always able to make changes as quickly as oil prices change.
VARIATION & CANCELLATION
Variation by TSW
- As TSW’s booking information is prepared well in advance, some minor aspects of your booking (e.g. minor itinerary amendments due to weather) may have to change closer to the time of your holiday in order to make the booking work.
- If major changes to your booking are needed, you will be notified as soon as is reasonably possible. In this instance you will be able to either:
- cancel the booking with a refund of all sums you have paid;
- choose to accept the changes; or,
- make an entirely new booking.
- You must inform TSW of your decision within 3 working days of being informed of the changes made to your booking. If no action is taken TSW shall be entitled to cancel your booking and issue a full refund.
- There is a possibility that the holiday you select when booking may not be available. Should this be the case, TSW shall notify you as soon as possible. TSW reserves the right to either cancel your booking or offer you a replacement holiday.
- For the avoidance of doubt, if TSW offers a more expensive replacement, which contains all the same facilities as the holiday you chose on booking, this shall be considered an upgrade.
- If you are upgraded, TSW reserves the right to downgrade you to a holiday of the same quality as that which you originally booked in the case that the upgrade offer becomes unavailable. Should this happen, TSW guarantees that you will receive the same quality and type of holiday you originally booked or better.
- In the event a refund is paid to you, we will pay compensation as detailed below except where the cancellation is due to unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
Period before departure in which we notify you
Amount you will receive from us (£)
More than 84 days
Between 83-29 days
Between 28-15 days
Between 14-18 days
Between 7-1 day
Less than 1 day
This does not exclude you from claiming more if you are entitled to do so.
Cancellation by TSW
- TSW reserves the absolute right to cancel your booking under any circumstances. If TSW cancels your booking under this clause you will be entitled to a full refund. Alternatively, you may choose to accept another booking of the same type and quality as a replacement for the cancelled booking. If you accept TSW’s offer of a replacement booking of lesser quality, then you will be entitled to a refund of the difference in price between the original booking and its replacement.
- TSW will not cancel your booking under this section after the balance due date unless you default in the payment of the balance or such cancellation is necessary as a result of unavoidable and extraordinary circumstances (see definition above).
- In the event a refund is paid to you, we will pay compensation as detailed below except where the cancellation is due to unavoidable and extraordinary circumstances (see definition above):
Period before departure in which we notify you
Amount you will receive from us (£)
More than 84 days
Between 83-29 days
Between 28-15 days
Between 14-18 days
Between 7-1 day
Less than 1 day
This does not exclude you from claiming more if you are entitled to do so.
- TSW reserves the right to cancel your booking in the event of unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such circumstances include but are not limited to, dangerous weather conditions, fire, natural disaster, industrial actions, war, riots, and natural disasters. There may be many other such situations. In such circumstances you will be entitled to a refund of all monies paid but no compensation will be payable to you.
Cancellation by You
- If you decide to cancel your booking;
- the Lead Booker must inform TSW in writing as soon as possible. Your booking will not be cancelled until TSW receives your notice of cancellation in writing. If you transmit this written notice by email, then you must follow up via telephone during TSW’s normal office hours (any week day except a public holiday between the hours of 0900 – 1730) to check that the email has been received; and
- as any payment by you triggers TSW’s obligations with third parties, any sum paid towards the instalments on your invoice, even if not the full amount, will not be refunded (by way of example: if you pay your first and second instalment in line with the payment structure on your booking and elect to cancel your booking before the deadline for payment of the third instalment, the amount paid up to the day of cancellation will not be refunded to you).
- Any amount that exceeds the required instalments will be refunded back to you less a 5% admin & processing fee.
- Cancellations must be confirmed in writing by the Booker. Your cancellation will not be confirmed until you have received confirmation in writing from us. To cover the cost of processing your cancellation and compensate us for the risk that we may not be able to re-sell your holiday, the following minimum cancellation charges (as a percentage of the total booking cost) shall apply – for cancellation requests received and confirmed:
Refunds shall be made back to the payment card used for the original payment within 30 days after the cancellation has been confirmed. No exceptions to the deadlines listed within this clause 63 (a) can be made.
- Your travel insurance policy may cover cancellation charges, please check your individual policy for details.
- If the cancellation of any individual in your Group results in under-occupancy of a hotel room, apartment or chalet, those remaining Guests in the same holiday booking must pay an empty bed charge (if applicable).
Variation by You
- If you would like to change any aspect of your booking, the Booker must inform TSW as soon as is reasonably possible. You will be responsible for the additional costs we incur in catering for the changes you request
- Please note that TSW may not be able to cater to all changes you might wish to make. All changes will be subject to availability and will be made at TSW’s discretion.
- Changes of dates will be treated as cancellations and charges will be applied. However, in the event that a more expensive booking is subsequently made a the usual cancellation fee shall be waived and an administration fee equivalent to 10% of the original booking cost shall be levied in its place.
Change of Customer
- If the Booker or any member of your booking no longer wish to participate in the holiday or benefit from the services booked, TSW may, subject to availability, agree to a substitute customer being added to the booking. You should notify TSW in writing at least 7 days before the date of your trip of your intention to substitute a person on the booking. However, this is subject to TSW’s written acceptance of the arrangement and both the leaving and the substitute parties accepting joint and several liability for full payment of any sums outstanding for the booking
- TSW reserves the right to apply a EUR (€) 200 administration fee in the event you request any change to be made to your booking. The EUR(€) 200 administration fee shall apply per change requested
- In requesting a change of customer, the Lead Booker must confirm that the new guest has read and agreed to these terms and conditions.
- Any and all items of transport, accommodation, and/or tourist services not ancillary to transport or accommodation which account for a significant part of the arrangements that have been booked as components of your holiday booking (‘Package Component’) shall only be made available to the persons named on your Invoice and/or other relevant documentation and are non- refundable. TSW reserves the right to treat your holiday booking as cancelled and render it subject to cancellation charges in the event you sell, attempt to sell, or otherwise transfer any Package Component to a third party without TSW’s prior written consent.
- Upon arrival, the relevant accommodation provider or TSW will require a security deposit, information pertaining to which can be found on TSW website or in your invoice. This security deposit is for the entire booking in a single lump sum to offset any charges, fees, fines or other amounts incurred by your Group during your holiday; it is up to you and your booking to determine how this sum will be paid. This will be refunded (less any sums deducted) at the end of your trip and payment can be made by credit or debit card.
- Amounts may be deducted from the deposit where a member or members of a Group act in such a manner as to cause nuisance or distress or danger to themselves or to other Guests or to third parties, even where no financial loss has been incurred
- Any and all security deposit payments, whether refundable or not, shall be strictly between you and the accommodation provider. TSW cannot accept liability for the return or loss of such monies.
- At check-in you may be required to sign the accommodation provider’s terms.
- It is a condition of booking that all Guests must travel with a fully comprehensive travel insurance and/or winter sports holiday insurance under which they are fully covered prior to departure. No liability will be accepted by TSW for any Guests travelling without adequate insurance.
- Many insurance policies that have a winter sports section tend not to cover you for costs associated with events such as travel delays or piste closure due to too much or too little snow. Your insurance policy should cover you for medical expenses and cancellation charges. It is important that you check any policy thoroughly and it is a condition of your holiday booking that you are covered by a comprehensive insurance policy of at least equivalent cover to that suggested by us.
- It is your responsibility to ensure that any purchased insurance cover is adequate for your particular needs and the needs of your Group if you are booking insurance on behalf of other Guests. It is also your responsibility to obtain additional cover if appropriate in line with any terms and conditions stated in any insurance policy you purchase, and to bring all necessary documentation with you on holiday.
- Should you or any members of your Group fail to purchase travel insurance and/or winter sports holiday insurance contrary to this section, or fail to purchase such insurance cover of at least the same level as suggested by TSW, you agree to release TSW from all possible liabilities and consequences in respect of any matters arising that otherwise would be covered and agree to indemnify and hold harmless TSW for any costs that would have been covered by the suggested policy. This means that you must pay for or reimburse us in respect of any costs arising from your failure to purchase a policy of comparable cover as that suggested.
- Your insurance policy is only valid when you have paid your insurance premium. Your first payment to TSW does not include your insurance premium. To validate your policy, you must pay for it in full.
- Although we will endeavour to pass any reasonable requests on to our relevant suppliers we regret that we cannot promise that any requests will be complied with unless our suppliers have specifically confirmed this in writing to you.
- Confirmation that a special request has been noted or passed on to the supplier, or the inclusion of the special request on your Invoice or any other documentation, is not confirmation that the request will be met. Special requests should be treated as unavailable unless and until specifically confirmed and are subject to availability.
- Special requests do not form part of our contractual agreement and we will have no liability if they are not met.
PASSPORTS AND VISAS
- It is your responsibility to have valid travel documents. You must ensure that you have a valid passport and any necessary visas to enter any country you are visiting, including transit stops, prior to your departure.
- TSWS cannot help you to obtain the correct passports, visas, or other documentation that you might need to enjoy the booking made through TSW.
PHYSICAL FITNESS AND DISABILITY
Skiing, including travel within the resort, is physically demanding. If you or any member of your Group has any medical problem or disability which may affect any component of the holiday booking of that person, you must notify TSW of this medical problem or disability prior to making your booking so that we can advise you on the suitability of the chosen holiday. You must give us full details (if any) in writing prior to making your booking. If we in our absolute discretion feel unable to properly accommodate the particular needs of the person concerned we reserve the right to decline to accept, cancel or amend the booking.
- As soon as your online booking form has been submitted to us, the Booker agrees to accept responsibility for the good conduct of the Group as a whole. Without prejudice to the generality of the foregoing, the Booker must specifically ensure that no Guest smokes in the hotel accommodation or apartment, or on board any public or private transport, or in any way causes a fire hazard or contravenes the local anti-smoking laws; and,
- If, in our reasonable opinion or the reasonable opinion of the provider of any part of the services to which your booking relates, while on holiday your behaviour poses a danger to you or those around you, causes or is likely to cause damage to people or our property, the property of our suppliers or the property of third parties, breaches any local law, is abusive or threatening in any way, causes or is likely to cause a public nuisance or you do not follow the instructions or orders of the skipper or any other TSW representative, TSW reserves the right to immediately cancel your booking without paying you any refund or incidental travel costs whatsoever. This means, among other things, that:
- you may be required to leave any accommodation you have booked at any time during your booking (and from this point onwards you will be solely responsible for making your own travel arrangements. We will not be held liable to you for any expenses incurred by you after our contract with you has ceased); and/or
- we reserve the right, in our absolute discretion, to ban you from any future The Ski Week or other DAY 8 Group event.
- If any particular Package Component supplier considers you or any of your Group to be disruptive they can refuse to allow you to proceed with that particular Package Component.
- If you have caused or cause damage, then TSW reserves the right to withhold access to any particular Package Component until you fully indemnify or reimburse TSW in respect of the damage caused. If you have caused damage whilst on your holiday, you agree that you will be responsible for your own transport and accommodation including any alternative arrangements for those Guests who will not travel without you. In any of these circumstances TSW will not make any refunds or pay you any compensation whatsoever. In any of these circumstances TSW reserves the right to make a claim against you and/or instigate criminal proceedings if your behaviour has resulted in additional costs to us.
- The nature of some of the activities you may choose to participate in during your holiday may involve a degree of personal risk. You accept by purchasing a holiday from TSW, your purchase is solely and fully at your own risk and accept that you are responsible for your own actions. With accepting these terms and conditions you also accept full responsibility for any damage, loss or expense caused by you or any person named on your booking.
- TSW acknowledges that guests may wish to consume alcohol. You must, however, do so responsibly and TSW accepts no liability to you for any injury, loss or damage you suffer as a result of your judgment being impaired wholly or partly by alcohol or drugs.
- TSW operates a zero tolerance drug policy. If you are found in possession of illegal substances, TSW reserves the right to cancel your booking without paying you a refund. This means (among other things) that you could be made to leave the accommodation you have booked at any time during your booking. TSW reserves the right to inform the relevant law enforcement authorities as we see fit.
- You are solely responsible for your personal possessions and property; it is your sole and full responsibility to look after your personal belongings. Where you lose any item of your personal possessions, whilst we do everything possible to locate lost property we cannot guarantee to do so, nor can we guarantee to be able to arrange for your property to be returned. You should email firstname.lastname@example.org with any inquiries relating to lost property. In the event that we are able to locate lost property and arrange for its return, all costs incurred as a result of doing so must be paid to us in advance along with an administration fee of £25. TSW reserves the right to increase the administration charge for the return of lost property for bulky items with special dispatch costs. TSW accepts no liability and cannot be held responsible for the safety of your personal possessions and any lost property in any circumstance whatsoever as it is your personal responsibility to look after your belongings.
- TSW may collect still and video images of you during the course of your holiday for advertising and promotional purposes. By booking through TSW you agree that such images may be collected and used by TSW however TSW sees fit including commercial use and sale of the images. The images may be cropped, altered, combined or otherwise edited. You also agree that TSW will retain ownership of all rights in connection with such images.
- TSW reserves the right to assign, grant, transfer or otherwise give to a third party the rights and ownership in such images collected. This shall extend but shall not be limited to employees, independent contractors and other entities or persons that are authorised by TSW to capture content for any authorised purpose, whether for commercial or personal use.
- If you do not wish to be on camera or video this should be brought to the attention of TSW by sending an email to email@example.com before the commencement of your holiday. This should include the name and contact details of the person who does not wish to be photographed or videoed along with your booking number and contact details.
- By booking through TSW, you agree that any still and video images you capture during the course of your holiday will be used for personal purposes only. Unless you obtain written permission by TSW, you agree and guarantee that you will not under any circumstance use any content captured under this clause for any commercial purposes whatsoever; this does not prevent you from using content captured under this clause for your own personal uses and across your personal social media channels only. Where you breach this clause, TSW reserves the right to enforce removal of this content.
- When you book arrangements with TSW, even though we act as an undisclosed agent for suppliers we voluntarily accept that this is a "package" falling within the Package Travel and Linked Travel Arrangements 2018 (‘the Package Travel Regulations’) for all bookings made within the European Economic Area (EEA). We will voluntarily extend our obligations to you to those which exist under the Package Travel Regulations to increase your protection and security.
- TSW accepts responsibility that services offered and carried out are of a standard reasonably expected by a person skilled in offering and carrying out such services. We will use reasonable endeavours to perform our contractual obligations to you using reasonable skill and care according to the laws and regulations of the country where your holiday takes place.
- TSW will take reasonable care to ensure that reputable suppliers and businesses provide the services that make up your holiday. These organisations follow local and national regulations and laws of the country in which they operate. You agree that overseas safety standards or the standard of any component of your package holiday booking may differ from those in your home country and in some instances may not meet the standards you are accustomed to at home.
- Our obligations, and those of our suppliers, in respect of reasonable care will be complied with in accordance with local law or, in the absence of this, local custom. Compliance with any applicable regulatory requirements will constitute proper performance on the part of TSW in the discharge of their duties and obligations under these terms and conditions.
- You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. If any of the travel services included in your package are not performed in accordance with the contract, or are improperly performed, by us or the travel service suppliers, and this has affected the enjoyment of your travel arrangements, you may be entitled to an appropriate price reduction or compensation or both.
- TSW will not be liable where any failure to perform or improper performance of the travel services is due to:
- you or another member of your party; or
- a third party unconnected with the provision of the travel services in the package and is unforeseeable or unavoidable; or
- unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
- Our liability is, in all cases save for death or personal injury, limited to 3 times the price of the holiday booked. Our liability will also be limited in accordance with and/or in an identical manner to:
- The contractual terms of the companies that provide the travel services that make up your package. These terms are incorporated into this booking. Please contact us for copies; and
- Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of and conditions under which compensation can be claimed for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of the extent of or the conditions under which compensation is to be paid under these or any conventions.
Any sum received by you from suppliers will be deducted from any sum paid to you as compensation by us.
- If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of 3 nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday.
- TSW will not be liable for the compensation of any lost flights or reimbursement of flight costs.
- Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier to which any international convention or regulation applies, the maximum amount of compensation TSW will have to pay you will be limited in accordance with any relevant international conventions.
- You are obliged to assist TSW in recovering from any third party any sum that may compensate us for any sums we pay to you. In particular, you are obliged to assign to us any rights that you may have against any other person whose acts or omissions have caused or contributed to our liability to you. You must also provide us with all the assistance we may reasonably require.
- TSW and those associated with it are not responsible for organising activities, excursions etc. on-site. Such activities will not form part of your package arrangements. If you suffer illness or injury whilst overseas arising out of an activity that does not form part of the contractual package arrangements, we are not responsible for the provision of the excursion or activity or for anything that happens during the course of its provision by the operator.
- Other than as is detailed in these booking terms and conditions, we shall have no legal liability whatsoever to you for any loss or damage which you suffer arising directly or indirectly from any aspect of your package.
- Where the holiday arrangements you have purchased from us do not constitute a package, our liability to you is limited to using reasonable care and skill in selecting the relevant service provider or supplier. We will not be responsible for improper performance of any obligation to be performed by them and your claim must be directed to them.
DISABLED CUSTOMERS AND CUSTOMERS WITH SPECIAL REQUIREMENTS
- It is important that you tell us about any special needs and requirements so that suitable arrangements can be made. TSW cannot be held responsible if you fail to tell us about special needs/requirements that may impact upon your holiday. As such, we will not compensate you in these circumstances. If you need support or advice prior to booking, please contact us prior to booking using the contact details available on our website.
- If you have a medical condition, mobility problem or a disability which may affect your holiday, we may require a doctor’s certificate or other documentation relating to such condition, problem or disability. Please provide us with full details of any such condition, problem or disability in writing at the time of booking.
- Only those Guests named on your Invoice can use the Package Components arranged by us under your holiday booking. You are not permitted to share any particular Package Component with any person not named on your Invoice. You agree not to damage any accommodation and to abide by any local laws, particularly in relation to noise.
- You are liable for the cost of any damage or loss that is attributable to your conduct and/or fault, and TSW, any TSW Representatives and any relevant suppliers shall be entitled to recover from you any costs if necessary before the conclusion of your holiday and before your homebound transfer.
- The Booker shall be liable in the first instance for any claims against the Group. You or your Group may be denied any return boarding of transport if you refuse to pay or to undertake a commitment to pay on your return home.
USE OF VEHICLES
- When making your booking you may decide to book an event that utilises vehicles such as but not limited to RVs (“Vehicles”). In making such a booking you confirm that at least 1 person within your booking party is currently in possession of a valid driving license that can be used in the destination of your event.
- Upon arrival, the RV provider or TSW will require a security deposit, information pertaining to which can be found on TSW website or in your invoice. This security deposit is for the entire booking in a single lump sum to offset any charges, fees, fines or other amounts incurred by your Group during your holiday; it is up to you and your booking to determine how this sum will be paid. This will be refunded (less any sums deducted) at the end of your trip and payment can be made by credit or debit card.
- Should your booking party not contain at least 1 person with the aforementioned driving license, TSW reserves the right to refuse the entire booking party to participate on the scheduled event. In such circumstances TSW may cancel or change your booking in accordance with sections 66 and 67 of these Booking Terms and Conditions.
- Whomever holds a valid driving license accepts they may be required to drive the Vehicle from time to time, and as such should be prepared to do so when making their booking on the event.
- Drivers of Vehicles do so at their own risk, and with the reasonable care and skill that would be expected of one entrusted with the safe transport of passengers in a personal capacity. This includes but is not limited to refraining from driving whilst under the influence of alcohol, drugs or any other substance that may impair your ability to safely and responsibly take charge of the Vehicle.
- The entire booking on board the Vehicle is to take responsibility for ensuring the designated driver complies with the requirements of this section. In doing so the passengers of the Vehicle shall assume a duty of care over the driver in the event the driver is knowingly under the influence so as to prevent them from taking control of the vehicle.
- TSW accepts no responsibility for any damage or loss caused by the driver whilst under the influence in situations where TSW was not aware or alerted to these facts. If made aware of such facts, TSW shall use its best endeavours to ensure the safety of the passengers and driver.
- TSW accepts no responsibility for any damage or loss arising through the missing out of events or activities by the booking due to the driver being prevented from driving by reason of being under the influence or unfit to drive.
DEALING WITH PROBLEMS AND COMPLAINTS
- TSW maintains the highest standards. If you are unhappy with the performance of any element of a booking made through TSW, you must address your complaints to a member of TSW’s staff as well as the supplier at the earliest possible opportunity. We will then attempt to find an appropriate solution. Please allow us a reasonable opportunity to rectify the problems you are experiencing. Many complaints can be rectified on the spot or will be referred to a more senior member of staff. Failure to register any complaint at this time is likely to affect your right to compensation.
- If you are dissatisfied with how your complaint was addressed, please contact our London office within 28 days using the contact details provided on TSW website
- The risk of skiing being adversely affected by weather conditions has to be accepted. Where transport is arranged to other resorts the costs will be paid locally by the relevant client. TSW will not be liable for any loss, delay or costs connected with or arising out of adverse weather conditions, including but not limited to blocked roads and airline delays. If, as a result of Force Majeure, you miss your return departure and further accommodation is required, TSW will not be responsible for this cost. We strongly recommend you take insurance at least equal to that suggested by TSW which subject to the policy wording may cover these instances.
- If, due to adverse weather conditions or other Force Majeure circumstances, pre- booked ski packs, facilities, excursions or tours are not available, we will have no liability in respect of this whatsoever. TSW will not issue refunds in respect of unused portions of the holiday, for example, journeys, transfers, car hires, empty accommodation, and unused ski packs. TSW Representatives are not authorised to promise or make payments to or vary these Terms.
- Where excursions or services such as ski lessons are provided by a supplier external to TSW, even if such excursions or services are sold through TSW, we will have no liability in respect of such excursions or services as we act as agent for such suppliers whose conditions of booking will be provided at the time you make your holiday booking.
WHAT YOU CAN EXPECT FROM OUR SERVICES
- All accommodation is as per description on our website at the time of booking but this does not affect our right to amend any errors in pricing or description.
- If you have arrived at your accommodation (pre-arranged through us or otherwise) by car, or on a flight with an airport coach transfer not pre-arranged and booked through
TSW, it is a condition of your booking that you notify TSW of your estimated arrival time in advance of departure. In the event you fail to notify us in advance we cannot guarantee that your accommodation will be open and/or available for check-in.
- Check-in is usually between 1500 and 1700, and check out of rooms is usually between 0900 and 1000 irrespective of your time of departure. Not all accommodation will have 24-hour check-in facilities however some hotels and apartments are able to provide facilities interim storage of luggage. Such facilities may be shared with third parties and TSW will not accept any liability for lost or stolen luggage in any circumstance whatsoever. There may be specific times your hotel or apartment reception is open and we cannot be responsible if you fail to obtain your keys before the reception closes. Many hotels and apartment owners and managers ask for a credit card imprint on check-in to cover incidentals.
- Many properties are non-smoking and if you require specific information please ask us at the time of booking or ask the hotel or apartment reception at the time of check-in.
- The use of some facilities in hotel and apartment complexes such as spa facilities, saunas, fitness facilities, and steam rooms may incur an extra charge. Where we have been informed of this it has been stated in the description at the time of booking however this is often charged by those running the hotel and apartment complexes and we are not always informed. TSW will not accept any liability for any expenses you incur on extra facilities and if you require specific information please ask us at the time of booking or ask the hotel or apartment reception at the time of check-in.
- TSW cannot guarantee that any fitness facilities provide the same range or type of equipment as a purpose-built gym. Many hotels have annexes which are sometimes in a separate building a short walk away. Please bear in mind that whilst many annexes provide access to the facilities of the property through which they are sold, rooms may not be of the same standard as the main property and this is usually reflected in the price. Our apartments may not be in the same building or next to each other and we cannot guarantee that Groups booking will have apartments close to each other or even in the same building although we will take every reasonable step to accommodate Groups together. Apartments are often privately owned and even in the same block vary in layout and size and in the actual furnishings they offer.
- In most apartments a blanket, bed linen and pillows are provided for each bed but if you require specific information please ask us at the time of booking or ask the hotel or apartment reception at the time of check-in.
- Most apartments, although well designed, are compact and prices listed are for using the maximum number of beds including two persons sharing a double bed.
- Apartments in all destinations have kitchenettes which are compact and equipped with basic equipment and two or three knobs. Some also have worktop ovens. Guests are normally expected to make their own beds on arrival. As there is considerable variety and if you require specific information please ask us at the time of booking or ask the hotel or apartment reception at the time of check-in.
- Bathrooms may not always contain full size baths, showers may not always have a tray or a curtain (which may not always be necessary), and soap may not be provided.
- Hotels may lock their main doors at a specified time. If you require specific information, please check with the hotel what time this is especially if your arrival is likely to be late or if you are delayed en route.
- Some apartment agencies require a returnable deposit on arrival. This will be taken out of any deposit paid. Your apartment agency deposit is held in case of extra cleaning, lost keys, damage charges, or incidentals and refundable by the agency after you depart. This can usually be paid by credit card and is returned minus any charges incurred after your apartment has been and/or your bill finalised. This may be after your return. Not all agencies will accept credit card payments and if you require specific information please check with the apartment at the time of booking.
- On arrival in your apartment please check the inventory to ensure that furnishings are present and in working order. Anything missing or broken must be reported to reception immediately or you may be charged for it. Please leave your hotel or apartment as clean as you found it.
- We cannot guarantee room requests, and whilst we will use every reasonable endeavour to comply with such requests this may not be possible in any case and cannot be guaranteed.
- Excursions or other tours that are not operated by TSW but which may be selected as an option to book or pay for whilst you are on holiday or before you depart are not part of the holiday provided by TSW. For any excursion or other tour which is not operated by TSW your contract will be with the relevant third-party operator of that excursion or tour and not with TSW. TSW will not be responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the third-party operator.
- Conditions in ski resorts can change unexpectedly. TSW reserves the right to change or alter the advertised programme and line up of all activities without prior notification or liability to refund in whole or in part.
- You can pre-book equipment hire, ski and/or snowboard lessons and lift passes prior to your departure.
- Any option being purchased must be paid for in full prior to 14 days before your departure to ensure that your booking is fully paid and that the booking is valid.
- We aim to ensure the prices of pre-booked items are cheaper than those in resort but we cannot guarantee this. Purchasing in advance, however, allows you to spread the cost of your holiday more effectively and also saves you time on your arrival in resort. These items are sold separately and do not form any part of the Package Components whatsoever. TSW acts as an agent for the suppliers of these items as such they represent an additional cost to your pre-arranged Package Components and do not form part of the package holiday provided by TSW. The relevant suppliers’ terms and conditions shall apply in your transaction with that relevant supplier and any equipment hire and lessons is subject to availability.
- It is essential that your insurance covers you for hired equipment. Many hire shops offer top-up insurance and we suggest that you take this. Details of such top-up insurance will be displayed in the relevant shop and we suggest you carefully read the policy wording before purchasing any such top-up insurance. TSW will not be liable for any damage or theft of hired equipment and any such matter must be resolved between you and the relevant hire shop and the relevant insurance company.
- Once you have booked your equipment, lessons and lift passes, no cancellation refunds or alterations can be accepted. Please note that we cannot refund any part of your pre-booked service should you not use all or part of what has been booked.
- Whilst we do everything possible to locate lost property we cannot guarantee to do so or to be able to arrange for your property to be returned. Guests should email firstname.lastname@example.org with any inquiries relating to lost property. If we are able to locate lost property and arrange for its return all costs of doing so must be paid to us in advance along with an administration fee of £25 and TSW reserves the right to increase the administration charge for the return of lost property for bulky items with special dispatch costs. TSW cannot be held responsible for any lost property in any circumstance whatsoever as it is Guests’ personal responsibility to look after their belongings.
- TSW will use your personal data for the purpose of administration, statistical analysis, assessment and analysis, marketing, host mailing, customer services, customer profiling, analysing your purchasing preferences, and improving services. TSW may disclose your information to its service providers and agents for these purposes. You have a right to request a copy of the personal data TSW holds about you, for which TSW may charge a small fee, and to correct any inaccuracies in your information
- TSW does not permit reselling of its products without prior written consent. TSW does, however, work with a select group of country managers/curators who promote TSW’s products in various locations.
- If you believe your booking may have been resold in breach of these terms and conditions, please contact TSW’s Customer Services Department.
No failure or delay by TSW in enforcing these terms shall prevent TSW enforcing them at a later date or act as a waiver of its right to do so. Similarly, partial enforcement shall no preclude further enforcement of the same, or another, term at a later date.
FINANCIAL PROTECTION – FOR BOOKINGS MADE IN THE EEA ONLY
- In accordance with the Package Travel Regulations all bookings made in the EEA are fully protected through a Financial Failure Insurance Policy for the initial deposit and subsequently the balance of all monies paid to us, including repatriation if required, arising from cancellation or curtailment of your travel arrangements due to the insolvency of TSW.
- This insurance is with MGA Cover Services trading as Affirma, Kemp House, 152 City Road, London, EC1V 2NX, Tel: +44 (0) 203 540 4422.
Please note: if the booking was not made in the EEA, the scheme of financial protection will not apply to you.
If any provision or part of a provision, of these booking conditions is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provision or part- provision will be struck out of these booking conditions and the remainder of these booking conditions will apply as if the offending provision or pa
You may not transfer or assign any of your rights or obligations under these booking conditions without TSW’s prior written consent.
- Your contract with TSW shall be governed exclusively by the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to adjudicate upon any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes and claims)
- Alternatively, if the Lead Booker is a resident of Scotland or Northern Ireland then he or she may choose the jurisdiction of the courts of Scotland or Northern Ireland.