Booking Conditions
Please read this section and the important information section carefully. When you book you guarantee that you have the authority to accept, and do accept on behalf of your party, the terms of the contract and have read the important information relating to your holiday. The terms and conditions in this section and your confirmation invoice comprise your agreement with Qski and all those listed on the booking on whose behalf the party leader is acting.
For all bookings you must complete and sign a booking form. The conditions offered by Qski for accommodation only arrangements do vary and reference is made as appropriate within these conditions when flight only (offered under a separate contract by Skiworld Ltd) or accommodation only is exempt or different conditions apply. No variations to these conditions shall be valid unless agreed by us in writing.
Please note that all travel arrangements are offered by Skiworld Ltd (for whom Qski Ltd act as agents), a separate contract will be issued and all travel monies are held by Skiworld Ltd and protected by ATOL (2036) and ABTA (V2151).
CONSUMER PROTECTION
The air holidays and flights on this website and in the brochure where stated are offered under a separate contract by Skiworld Ltd and are ATOL protected, since Skiworld Ltd hold an Air Travel Organiser's licence granted by the Civil Aviation Authority. Skiworld Ltd ATOL number is 2036. In the unlikely event of their insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to them for an advance booking. For further information, please visit the ATOL website at www.atol.org.uk
CONTRACT
- A contract exists when we dispatch our confirmation invoice detailing what you have booked. We will accept your booking when you or your travel agent asks for it to be confirmed. However, a contract is not made until the date shown on our confirmation invoice (subject to the correction of errors and omissions). Assuming we are able to confirm your booking, an invoice will be despatched as soon as possible.
- All telephone and website quotes are subject to our written confirmation.
- Any monies paid in order to go ahead with a request for flights (offered under a separate contract by Skiworld Ltd) or accommodation constitutes a commitment to proceed with the booking if your request can be fulfilled. For this reason such a request must be confirmed in writing. Such monies are non-refundable unless the request cannot be fulfilled.
- Errors in costings are very rare, but should there be an obviously incorrect price, we will issue a new invoice and we will not be bound by the amount quoted on the incorrect invoice.
- It is very important that you check all the details on our confirmation invoice to ensure they are correct as this forms the basis of the contract. Items not mentioned on your invoice will not be supplied. Discrepancies should be brought to our attention within 7 days of the issue of the invoice otherwise the details shown on the invoice will be presumed to be correct.
- We aim to despatch confirmation invoices 2- 3 days after receipt of your deposit/final payment. If you do not receive a confirmation invoice after 2 weeks please contact us immediately. If we are unable to confirm your booking, we will offer an alternative holiday at the current selling price or a refund of all monies paid.
- Qski holidays start and finish where stated on your invoice. We are not responsible for your travel to or from this point or for any expenses including travel, accommodation, subsistence and loss of earnings caused by delayed return to your departure point, howsoever caused. This contract is made on the terms of these booking conditions, which are governed by English Law. We both agree to submit to the jurisdiction of the English Courts. Your contract is with Qski Ltd. Our contract with you is deemed to be made at the offices of Qski - 9 Challis Avenue, St Mawgan, Cornwall TR8 4EJ.
BOOKING AND PAYMENT
- A deposit of £250 per person is required if you book more than 10 weeks prior to departure. The deposit and flight costs paid are non-refundable. Deposits may be claimable on insurance, subject to terms. All money paid to your travel agent will be held by the agent on our behalf.
- We accept payment by cheque, direct bank transfer and credit card. In line with most tour operators there is a charge for use of credit cards of 1.25% (Visa and Mastercard) Payment will be taken in Euros at a fixed rate of 1.5 Euros to a pound sterling. Group leaders should read the section concerning group discounts and payments.
- An extra charge on some holidays may be made for full payment of extra facilities such as business class supplements and additional flights which will be offered under a separate contract by Skiworld. Once purchased these are non-refundable.
- It is an express condition of booking that you have travel insurance offering at least the same level of cover as that offered by the insurance company linked on our website. No liability will be accepted by Qski Limited for any clients travelling without adequate insurance. Insurance must be booked and paid in full at the time of booking your holiday.
- Unless any discrepancies are brought to our attention, once you have received our invoice it will be deemed that you have accepted this booking contract and the important information on behalf of all those on your booking. Please note that all telephone and website quotes are subject to our written confirmation.
- Names for those in your group must be provided (correctly as they appear on passports) at the time of booking for any holiday using scheduled flights. For those using charter flights names should ideally be provided at the time of booking, however, please read the section Cancellations and Alterations by you.
FINAL PAYMENT
Final payment is due 10 weeks before your departure and if we do not receive the balance by this date we reserve the right to cancel your holiday and the cancellation charges shown the cancellations and amendments section will apply. We do not issue reminders for final balances. Tickets will not be despatched until final payment has been received. Full payment is required if booking within 10 weeks of departure. All names must be supplied no less than 10 weeks before departure (for those using Skiworld's charter transport services).
OPTIONS
An oral request or provision of an option does not give rise to contractual obligations to you or to Qski and may be cancelled by either party. We do not hold options on late availability prices. All options expire at the end of the final day stated.
PRICES
We reserve the right to increase or decrease our prices at any time prior to booking. The basic price shown does not include extra charges made by Skiworld on behalf of airlines for added insurance and security costs which are known at the date of writing this. A charge will be added to your holiday price at the time of booking. At the time of writing this is £7 per person, but we reserve the right to increase or decrease this prior to your booking.
As the exact aviation, insurance and security costs are unknown at the date of writing this, Skiworld have based their prices on the costs contained in their contracts for the supply of those services prior to September 11th 2001.
- Once the price of your chosen holiday has been confirmed, then, subject to the correction of omissions or errors, we will only increase the price in the following circumstances: changes in Skiworld's costs resulting from transportation charges, currency fluctuations and government (including foreign) action. This increase will cover any changes in our costs in excess of those taken into account in the aviation insurance/security supplement charged at the time of booking. We will pass on to you increases in price due to changes in these costs as permitted by English Law and approved by ABTA.
- If we have to increase the cost of your holiday we will send you a final invoice showing the amount you owe us. This will be sent not less than 30 days before departure. If this means that you have to pay more than 10% of your holiday price, you may cancel and receive a full refund of monies paid, except for any premiums paid to us for holiday insurance and amendments. Should you decide to cancel for this reason, you must exercise your right to do so in writing and within 14 days from the issue date printed on your invoice.
- The price quoted on the final invoice is guaranteed, unless you change your booking. Any increase in our costs, which occur after the final invoice has been sent, will be borne by us. In exchange for this promise to you and the risk to us, we will not make any refunds, nor reduce any increases in other costs by any credit, for favourable cost movements.
- The availability of the transport seats and accommodation is limited. Once Skiworld's allocation has been filled, they may have to purchase more capacity. If this is the case the advertised prices/supplements may not apply as they may not be able to obtain the same favourable rates. If this is the case we will inform you of this at the time of booking.
- Group, self-drive, children's and accommodation only reductions stated on this website apply to website price holidays only. Reductions or supplements for late availability holidays will be advised at the time of booking.
- Website/brochure prices are based on the exchange rates (£1 = 1.5 Euros, 2.3 Swiss Francs, 2.45 Canadian Dollars and 1.99 US Dollars).
- A charge of £10 per ticket will be made by Skiworld for all tickets collected at the airport (TOD) for European departures. If holidays are booked very near to the departure date necessitating the issue of scheduled tickets at the airport, there will be a charge by Skiworld of between £10 and £25.
CANCELLATIONS & ALTERATIONS BY QSKI LTD & SKIWORLD LTD
- We plan our holiday arrangements many months in advance. Therefore it is occasionally necessary to make changes to the holidays as described in the brochure. We reserve the right to change travel arrangements after this contract has been entered into. Your invoices will always show the latest route timings and these will be subject to change. The times on your tickets may also change due to circumstances beyond our control.
- Most of the changes we are obliged to make are minor changes to arrangements for which no compensation or refund is due. These are defined below. If we are forced to make major changes as defined below, we will advise you as soon as we are in a position to do so and you have a number of options (subject only to (3) below)
Minor changes: alteration of airline/flight routing, of aircraft type, of overseas arrival airport/seaport/station, of travel timings by less than 12 hours, change of accommodation to another of the same or higher standard and any other change not specified as a major change (below).
Major changes: change of UK airport (excluding airports in the same region e.g. London, Gatwick, Heathrow, Luton, City Airport or Stansted and departure points Dover Folkstone and Ashford), resort, flight times by 12 hrs or more, or to a lower standard of accommodation and cancellation of holiday.
If we are obliged to make a major material change to your holiday as defined above, or if we cancel the holiday within 56 days of the original departure date you may choose to:
- accept the changed arrangement or
- purchase another available holiday from us at the prevailing selling price or
- cancel your holiday and receive a full refund
- Compensation payments or refunds will not be made where changes or cancellations are made due to hostilities, political unrest, situations which constitute force majeure such as war, threat of war, riots, civil strife, terrorist activity, industrial disputes, natural disasters (such as avalanches), epidemics or health risks, fire, technical problems due to transport, closure or congestion of airports, stations or ports, cancellations or changes of schedule by carriers ceasing to operate due to adverse weather conditions or other events outside our control or unless you are in default of payment.
- If, due to circumstances outside our control in respect of which we were not able to notify you prior to departure, we are not able to provide you with the accommodation booked, we will, when you arrive in resort, endeavour to provide accommodation of a similar standard in the same area. If we are unable to do so and can only provide accommodation of a lower standard, we will refund the difference in price together with a compensation payment of £30 per person subject to (3) and on the same basis for children and free places as (2). Please note that compensation is not paid if the carrier due to weather makes changes, technical or operation reasons and this affects your departure from resort. Please also read general conditions.
CANCELLATIONS & ALTERATIONS BY YOU
- Cancellations must be confirmed in writing by the person who signed the booking form (recorded delivery advised) or by your travel agent - also in writing. We cannot accept verbal cancellations.
The following cancellation charges are payable, as a proportion of the invoiced cost from the date we receive written confirmation.
Days prior to arrival % of total price 91 days or more Loss of deposit 90 to 71 days 40% 70 to 43 days 50% 42 to 28 days 85% Less than 28 days or no show 100% - If cancellation of a party member results in under occupancy of a room, apartment or chalet, those remaining must pay the appropriate empty bed charge. Cancellations may also affect entitlement to group places. Most scheduled travel arrangements will incur 100% cancellation charge.
- If you are prevented from travelling, you may transfer your booking to another person providing your arrangements remain exactly the same as the original booking and this person takes on the cost of your holiday. This is also providing your booking is based on using Skiworld charter flights as most scheduled carriers and some charter carriers other than our own, prohibit name changes (including initials) and require that new tickets be purchased or charge an amendment fee.
- If you wish to amend your booking in any way once a confirmation invoice has been issued, we will do our utmost to make these changes but it may not always be possible. Names of all those travelling (provided our charter transport is being used - if not see (5) below) must be supplied at the latest when final payment is due i.e. 8 weeks before departure. Any names supplied or changed between 8 and 4 weeks before departure will incur a charge of £20 per name. If names are not supplied until 4 weeks before departure (or after tickets have been printed), the charge increases to £50 per name.
Other amendments to a booking, e.g. dates and accommodation, involve an administration charge of £20 per person if more than 8 weeks prior to departure and £50 if within 8 weeks of departure. Any amendment must be in writing from the party leader (only) or your agent. If your amendment involves a recalculation of holiday costs we will send a revised invoice confirming these changes. If you wish to add a person to your booking or ski packs, we cannot guarantee that this can be done and such changes cannot always be accepted within 14 days prior to the date of departure. - Many forms of transport such as scheduled flights require that names be supplied at the time of booking. They also have restrictions on changing names, initials, dates etc before and after tickets are issued. Should you request a change we may have to pass on any cost charged by the carrier, which may involve repurchasing a ticket at a higher cost. If the amendment means we have to send you new tickets, we cannot do this or refund any monies paid (if applicable) unless we have your old tickets and documentation.
- Dishonoured cheques will be treated as a cancellation, with relevant charges payable.
LIABILITY
We accept responsibility only for the proven negligence of our employees when acting in our employ.
- We cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by circumstances amounting to force majeure. Force majeure means any event, which we or the supplier of the services in question could not foresee or avoid. Such events may include, but are not limited to, war or threat of war, riots, civil strife, terrorist activity, industrial action or disaster, technical problems or accidents at airports, stations, ports or transfers, natural or nuclear activity, adverse weather conditions, fire and all similar events outside our control.
- Qski accepts responsibility should services they are contracted to provide prove deficient, and for loss or damage you may suffer on holiday as a result of the proven negligence of our employees or agents providing this is brought to our attention in resort and in writing to us in UK within 3 months of your return from holiday.
Accommodation and transport are provided by independent suppliers, for whom we accept responsibility as follows: if you suffer death, bodily injury or illness arising from the proven negligence of our suppliers, we accept responsibility provided they were acting within the scope of employment when the accident occurred. The only limitations that apply on our acceptance of liability as set out above are (whichever is the less): except in cases of personal injury, death or illness our liability will not be in excess of twice the price of the holiday of the person making the claim against us; and nor will our liability exceed any limitation applicable under any international convention governing or relating to the provision of the service complained about, even if that convention has not been ratified or applied in the United Kingdom. All clients are bound by the conditions of carriage of all airlines, coach companies, and other suppliers of transport, accommodation and services which go to make up their holiday. These conditions are subject to international agreements between countries and some may exclude or limit liability. Copies may be made available on request. - Should any payment be made to you by us in any of the circumstances referred to in this section, we reserve the right to claim in your place against the party responsible for causing the illness, injury or death, and you must agree to assign that part of your rights to us and we will be subrogated to those rights.
- Where appropriate, and subject to our reasonable discretion, general assistance shall be given to clients who through misadventure suffer illness, personal injury or death during their holidays arising from an activity which does not form part of the inclusive holiday nor of an excursion offered by us provided you tell us and the supplier involved whilst you are in resort and write to us within 3 months of your return from holiday. Where the client undertakes legal action, with our prior agreement, we shall meet initial associated legal costs, provided the client requests such assistance within 90 days of the misadventure. Our aggregate costs in respect of this section shall not exceed £5,000 per booking form. In the event of a successful claim for costs against a third party or there being suitable insurance policies in force, costs incurred by Qski and Skiworld shall be recoverable from the client.
- 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 client. Qski and Skiworld shall not be liable for any loss, delay or costs connected with, or arising out of, adverse weather conditions, including blocked roads. If, as a result of force majeure, you miss your return departure and extra accommodation is required, Qski and Skiworld will not be responsible for this cost. We strongly recommend you take insurance which, subject to terms, may cover this.
- If, due to adverse weather conditions or other circumstances beyond our control, pre-booked ski packs, excursions or tours are not available, our liability is limited to a refund of monies paid for such services.
- No refunds are given for unused portions of the holiday, e.g. journeys, transfers, car hire, empty accommodation, unused ski packs, uneaten meals. No representative is authorised to make or promise refunds and no such promises will be accepted by Qski and Skiworld.
- Where excursions or services such as ski lessons are provided by a company outside of Qski, even where such excursions or services are sold through our representative or a supplier of Qski, we will have no liability for these.
GENERAL
- All clients undertake not to damage their accommodation, and to abide by local regulations (especially in relation to noise). Clients are liable for the cost of any damage or loss and Qski and Skiworld shall be entitled to recover costs from the client if necessary before homebound transfer. The party leader shall be liable in the first instance for any claims against the party. Clients undertake not to harm the reputation of Qski and Skiworld, or cause offence to other clients or to representatives of Qski and Skiworld. The holiday of any client in breach of this undertaking is liable to be terminated and Qski and Skiworld shall have no further contractual obligations to that client. If in the opinion of any person in authority such as an aircraft captain, manager or senior Qski or Skiworld employee you appear to be unfit to travel or likely to offend other passengers, we may terminate your holiday arrangements with us and our responsibility for your holiday ceases. In this case no refund or compensation will be paid.
- Clients are responsible at all times for their own personal documents, for their baggage, belongings and ski equipment whether hired or not.
- We will try to meet any special requests but cannot guarantee to do so. Please note that special requests do not form part of our contractual agreement and we will have no liability if they are not met.
TRANSPORT
- All travel arrangements including routings, aircraft type and arrival airports are provisional until confirmed on your tickets and may change after this due to circumstances beyond Skiworld control.
- Skiworld reserve the right to make any necessary change to your travel arrangements including changing the means of transport in a force majeure situation in order for us to be able to meet our obligation to transport you to and from the resort or your UK departure airport.
- Airlines do not offer compensation for inconvenience or loss of holiday, unused accommodation or facilities due to flight delays.
- Please be aware that we are often not advised by scheduled airlines of delays to flights either internal or international.
- In the event of a charter flight delay over 3 hours, in conjunction with the airline, we aim to provide light refreshments. If the delay is over 6 hours we aim to provide a meal although both will be dependent on local circumstances.
- If the baggage allowance on charter tickets is exceeded there may be a charge for the excess or it may not be possible to load it on to the flight. The baggage allowance for scheduled flights is also shown on your flight tickets and the same rules apply.
- It is the responsibility of the owner to ensure that their property is taken from the point of arrival to the transfer vehicle and from the transfer vehicle to the accommodation and vice versa on departure.
RESOLVING PROBLEMS
We want your holiday to be as enjoyable as possible, but occasionally even the best-laid plans can go wrong. In the unlikely event of there being something not to your liking whilst on holiday, we aim to resolve it as quickly and amicably as possible.
- You must report it immediately to the relevant supplier of the services in question and to our resort representative, thereby giving them the opportunity to remedy the problem. Part of this reporting procedure is that you complete a form in resort so all parties are clear on the precise nature of the issues involved. It is an express condition of your Agreement that this simple procedure is followed. If you fail to follow this procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. If you are still dissatisfied we ask that you write to us giving details of your complaint. We do not automatically follow up a report made in resort as in many cases these are resolved.
- We do not issue refunds in resort as we feel it is important that all the relevant information is gathered in fairness to all involved. Our Representatives are not authorised to promise or make payments or to vary the terms, conditions or information in the website or brochure.
- If you are still dissatisfied please write to us within 28 days of your return quoting your booking reference and providing details of your dissatisfaction. We will acknowledge your letter and investigate the points raised and reply within 28 days. If this is not possible we will send you a letter advising you of our progress. The prices and conditions on our website are valid from June 2007.
We reserve the right to increase or decrease the price of unsold holidays at any time and to correct omissions or errors. For these holidays supplements and discounts may not be as stated.
WEBSITE AND BROCHURE DESCRIPTIONS
All descriptions on our website, in our brochure, made orally or in writing are given in good faith based on information believed to be correct at the time. After the brochure is printed however, changes can take place, which are beyond our control. Our reservations staff will have the most up-to-date information and we will do our utmost to notify you of changes before your departure. Photographs of rooms represent the type of accommodation available but not all rooms will be the same shape, size or style. Please note that family rooms are generally larger than the norm.
