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ATOL 9834

Andorra Ski Express Terms and Conditions

We urge you to read carefully the following conditions in conjunction with the information 1 contained within the brochure that together with details on your Booking Confirmation forms your contract with Andorra Ski Express a trading name of Holidays Your Way(The Company).

1. CONFIRMING A BOOKING

(a) On receipt of your completed booking form we will confirm your holiday, subject to availability, and send you confirmation showing full details of your holiday, or give a verbal confirmation (followed by written confirmation) if booking within 8 weeks of departure.

(b) The Company does not appoint agents to act on their behalf other than ABTA Travel Agents. Accordingly any moneys paid by customers to party leaders/group organisers are held by party leaders solely as agents of the customer until such times as the Company has received these moneys. Where we sell holidays through travel agents, please note that all moneys that are paid to the agent will be held by him as your agent until your booking has been acknowledged. After that date all moneys will be held by him on our behalf.

(c) No contract exists until the Company has received a signed Booking Form accompanied by a deposit of £30 per person and has dispatched a confirmation as described above. The total holiday cost must accompany the Booking Form for bookings taken within 12 weeks of departure.

(d) Late bookings: For all bookings made within 8 weeks of departure, the holiday is confirmed as soon as verbal confirmation Is given over the phone, and therefore if you subsequently cancel your booking, cancellation charges as shown in condition 4(a) apply.

(e) The person signing the Booking Form warrants to the Company as a fundamental term of the contract that he or she has the authority of each party member (and when a party member is less that 18 years old the authority of a parent or legal guardian) to contract with the Company on behalf of each such member on the basis of these conditions, and that all such persons are aware of these conditions and have agreed to be bound by them.

(f) This contract shall be governed by English Law and is subject to the exclusive Jurisdiction of the Courts of England and Wales.

(g) No additions, deletions, changes or promises may be made relating to these conditions save by a Director of the Company, in writing and signed by a Director.

2. PAYMENT

(a) No later than eight weeks after the Companies receipt of the first deposits of £30 per paying member, the Company must received second deposits of £50 per paying member.

(b) This gives a total deposit of only £80 per person

(c) All deposits paid are non-refundable except in the circumstances detailed in conditions 5(b) and 6(b)

(d) Groups only approximately 17 weeks before departure we will send you Final Detail forms for your party which you must complete and send to us so that we receive them no later than 14 weeks before departure.

(e) A final invoice will be sent approximately 12 weeks before departure (or instead of Confirmation for new bookings received less than 16 weeks before departure) and the full amount outstanding must be received by the Company no less than 10 weeks before departure (or by return for bookings taken 11 or fewer weeks before departure).

(f) Should your final invoice be inaccurate due to amendments, this does not permit late payment of the final balance which remains due 10 weeks prior to departure.

(g) If the Company does not receive deposits and/or full amount outstanding on the final invoice on the due date(s) the Company reserves the right at its discretion at any subsequent time before departure to cancel the booking and charge cancellation charges in accordance with the scale set out in Condition 4.

(h) All payments and Final Details forms must be received by the Company by the due dates. Failure to do so could affect the cost of your holiday, as we cannot guarantee against surcharges if payment terms are not met.

(i)We reserve the right to pass on a 2% charge for any payment amount made by Visa or Access credit cards.

3. HOLIDAY PRICES

(a) In the case of all surcharges we will endeavor to advise you as soon as possible and we will absorb an amount equivalent to 2% of the holiday price that excludes insurance premiums and any amendment charges. Only amounts in excess of 2% will be surcharges. However if the surcharge means paying more that 10% extra on the holiday price you will be entitled to cancel your holiday with a full refund of all moneys paid with the exception of any moneys paid in respect of insurance premiums and amendment charges. If you do decide to cancel because of this you must do so within 14 days of the date of issue as printed on the invoice. No surcharges will be applied within 30 days of your departure.

(b) No refunds are possible in the event of favorable fluctuations in the components of the holiday cost

(c) The prices offer and information printed in our brochure are valid at the time of publication in January 1999. We reserve the right to increase or reduce these prices or amend these offers or information at any times after publication and in future editions of the brochure. You will be advised of any change at the time of booking.

(d) The prices in our brochure are calculated at 1,10 Euros to the Pound in October 2009.

(e) If the number of adults in your party accounts for 25% or more of your party, we reserve the right to re-cost the price of your holiday accordingly.

(f) At the time of going to press discussions are taking place at Government level for the introduction of an obligatory travel levy on overseas tours as a contribution into a fund for protection of clients money in the event of a holiday company failure. No Information is available, but in the event of any such action affecting the cost of your holiday we ask you to please note that this will not be covered by our surcharge policy and insurance, and will be payable by each group member. We will notify you as soon as the position is clarified but you will realise that by being a Government levy it will apply to all travel companies operating overseas holiday arrangements.

4. CANCELLATION AND AMENDMENTS
* Please note our improved cancellation charges

(a) You should advise us by Recorded Letter, fax or telex as soon as possible. A cancellation is effective only when received in writing by the Company from the person signing the Booking Form, Any new person added to the booking will be deemed to have signed the original Booking Form. The following scale of cancellation charges will apply;

Period before scheduled departure within Amount of cancellation which written notification of the charge per paying cancellation is received by the Company participant cancelling

After payment of first deposit but before the due date of the second deposit £30.

After the due date of the second deposit until the due date of the third deposit £80

After the due date of the third deposit until 55 days before departure £150.

55 days to 15 days before departure 60% of the total invoiced holiday price

14 to 1 day before departure 100% of total invoiced holiday price

Departure date or afterwards Total invoice holiday price

N.B. You may make a claim on your insurance policy if your cancellation falls within the terms of the policy. The insurance premium is any event is not refundable.

(b) Once your booking form (and final details form if applicable) have been returned any amendments/substitutions which take place 12 weeks before departure will be subject to a fee of £15 per amendment.

(c) Substitution of party members is permitted up to 14 days prior to departure without incurring cancellation charges. After this date any substitution will be treated as a cancellation and as a new booking, and charges will be levied as given in the schedule above. Both the person who was originally to take the holiday and the person who actually takes it will be responsible for the payment of the amendment charges and any outstanding balance due in respect of the holiday price.

(d) If any cancellation reduces the number of paying members below the minimum number required for a particular holiday price or concession, the holiday price and concession will be adjusted accordingly for all remaining group members.

5. IF THERE IS A CHANGE IN PLAN

(a) Whilst the Company will at all times endeavor to satisfy the clients requirements, nevertheless, because of changing circumstances the Company must reserve the right to make alterations to holiday and brochure details both before and after any booking has been confirmed. If for any reason the details of your holiday have to be changed before departure the Company will Inform you as early as possible, though we will endeavor wherever possible to meet special requests shown on you Booking Form. Please see Condition 13

(b) Most changes if necessary will be minor. Occasionally, we have to make a significant change to confirmed holidays. In the event of a significant change, you will be offered the choice of:-

(i) Accepting the change or

(ii) Purchasing another holiday of at least comparable standard if available (and paying or receiving a refund in respect of any price difference) or

(iii) Receiving a full refund of all moneys paid. In addition, if we are forced to make a significant change, we will pay you compensation on the scale set out below except where the change is made as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care which include but are not limited to those amounting to”force majeure" as described in Condition 7 below. Please note, compensation is not payable in respect of minor changes and/or if you cancel and accept a full refund, and in all cases we cannot be responsible for any costs or expenses you incur as a result of any change.

Period before scheduled departure within Amount of compensation per Period before scheduled departure within which written notification of a significant change is sent to the person signing the Booking form.

10 weeks prior to departure - £12 per person
69 - 22 days prior to departure - £22 per person
10 days or less - £33 per person

70-35 days £8

34-14 days £12

14-0 days £15

We ask you to please note that if in any way your final payment is delayed you will not be eligible for compensation payment and the Company will, at its discretion, invoice Conditions 2(g) and (h).

(c) On rare occasions, especially at the beginning and end of the season, a ski area may be without snow. When the Company knows this to be the case before departure, it may, at its absolute discretion, offer affected clients the option of transferring their ski holiday and/or their accommodation to other ski areas in the same or other countries in order to make skiing possible. The snow of course is totally outside the Companies control and lack of it will not constitute a significant change. The compensation payments referred to above will therefore not in any case apply.

6. IF WE CANCEL YOU HOLIDAY

(a) We reserve the right in our absolute discretion to cancel your holiday up to the date when payment of the final balance of the price becomes due (normally not less than ten weeks before your scheduled departure date). We shall only cancel after that date if (a) you fail to pay any of the deposits or final balance in full and on time or (b) it becomes necessary to do so as a result of circumstances beyond our control including, but not limited to those amounting to "Force Majeure'

(b) If we are forced to cancel your holiday (other than due to your default in payment), the company will offer you the choice of an alternative holiday, of at least comparable standard if available (and paying or receiving a refund in respect of any price difference) or a prompt and full refund of all moneys you have paid. In additions, the Company will pay you compensation in accordance with the scale shown in condition 5(b) except where the company is forced to cancel as a result of unusual and unforeseeable circumstances beyond its control the consequences of which it could bot have avoided even with all due care, which include but are not limited to those amounting to 'force majeure" as described in Condition 7 below, or where an insufficient number of people have booked your chosen holiday (in this case you will be notified not less than 10 weeks before your scheduled departure date) or, if you cancel and accept a full refund.

(c) Very rarely, the Company may be forced to curtail you holiday after departure where circumstances amounting to "Force Majeure' arise. We reserve the right to do so and regret we cannot make any refunds or pay any compensation or be responsible for any costs or expenses incurred by you as a result.

7. FORCE MAJEURE

'Force Majeure' means those circumstances where the performance or prompt performance of our contract with you is prevented or affected by war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, acts of God, adverse weather conditions, and all similar events outside our control. In these circumstances we cannot be responsible for paying compensation, making refunds (except where provided above) or for any costs or expenses incurred by you where we are forced as a result to cancel, delay, curtail or change your holiday in any way or where the performance or prompt performance of the contract by ourselves is prevented or affected.

8. IF YOU HAVE A COMPLAINT

If you have a complaint about any service provided by us in the resort, this must be reported immediately to both our local representative, or to our UK head office, and also to the supplier of the service in question so that action can be taken to resolve the matter. If the complaint cannot be resolved, then please follow it up with a letter to the Company within 28 days from returning from your holiday, as the Company will not accept liability in respect of claims received outside this period. The Company normally manages to agree an amicable settlement of the few complaints received but, in the unlikely event that an agreed settlement cannot be reached, you may lake advantage of the special arbitration scheme offered by ABTA or AITO, as described in Condition 9 below.

9. COMPLAINTS PROCEDURE

Disputes arising out of, or in connection with, this contract, which cannot be amicably settled, may be referred to arbitration under a special scheme, which, though devised by arrangement with ABTA is administered quite independently by the Chartered Institute of Arbitrators. The scheme (details on request) provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Alternatively, AITO's Independent Dispute Settlement Service (again, details on request) may be called upon by either side to bring the matter to a speedy and amicable solution. Whichever option you choose, neither scheme applies to claims for an amount greater than £1,500 per person/£7,500 per booking form, nor to claims which are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness.

10 LIABILITIES

(a) Our contracts with hotels and carriers provide for the allocation of rooms or seats to us. Your booking will normally be made within that allocation but no specific rooms or seats can or will be confirmed. Many services included in your overall holiday arrangements such as, for example, the services provided by the airline, the hotel company and coach or other transport operators, are performed by independent organisations over whom the Company has no direct control. However, we accept responsibility for ensuring that all component parts of the holiday that you book with us are supplied to you as described in the brochure and to a reasonable standard. We have taken all reasonable steps to ensure that proper arrangements for all the holidays advertised in this brochure have been made and that the suppliers of the various services which will be provided for your are efficient and reputable. We accept responsibility for the acts and omissions of not only our own employees but also of our suppliers, sub contractors, representatives and/or agents provided they were at the time acting within the scope or course of their employment, agency or contract of supply except where these result in your illness, bodily injury or death which situation is dealt with further below. In all cases except where personal injury or illness or death results, our liability is however limited to the holiday price (excluding insurance premiums and amendment charges) of the person(s) affected in total. In all cases our liability so far as air and sea carriers are concerned is limited as if we were carriers within the appropriate international conventions.

(b) Whilst we have no direct control over the providers of services and facilities, we do accept responsibility should you or any member of your party suffer death, personal injury or illness as a result of any failure to perform or improper performance of any part of our contract with you by any of our employees, agents, suppliers or sub contractors providing they were at the time acting within the course of their employment except where the failure to perform or improper performance was due to your own acts and/or omissions, or, those of a third party not connected with the provision of your holiday arrangements and which were unforeseeable or unavoidable, or, an event which either ourselves or the supplier of the service(s) in question could not have foreseen or forestalled even with all due care. Please note that in respect of air and sea carriers, our liabilities are limited as if we were carriers within the appropriate international conventions. So far as the air and sea earners themselves are concerned, their individual conditions of carriage will apply which may limit or exclude their liability to you. It is however a condition of this acceptance of liability that you notify us of any claim in writing within 28 days of your return form holiday and, where any payment is made to you or any member of your party, that person will assign to ourselves or our insurers any rights they may have to pursue any third party. In addition, you must give us and our insurers you full co-operation.

(c) Should you or any member of your party by misadventure suffer illness, injury or death during the period of your holiday from an activity which does not form part of the arrangement made by us or an excursion purchased through us, we shall at our absolute discretion give you every assistance including advice, guidance and financial assistance to cover initial legal costs for legal action against a third party where appropriate, up to a limit of £5.000 cost to ourselves per booking form provided such assistance is requested within 90 days of the misadventure.

(d) In the event of there being a successful claim for costs against a third party or a suitable insurance policy or policies being in force, the Company is entitled to recoup from you the costs actually incurred by us giving this assistance.

11. CONDUCT & BEHAVIOUR

If the behavior of any member of any party is considered likely to cause offence, danger, damage or distress to others, we reserve the right at all times, to cancel or terminate a holiday completely. If for example any airline pilot, accommodation owner or manager, or senior member of our staff considers that the behavior is unacceptable they are authorised to terminate a holiday wherever and whenever necessary. If this sort of situation arises, our responsibility will cease and we will not be obliged to cover any expenses which may be incurred by the party concerned and neither will we consider or accept any claims for compensation or refunds whatsoever. We will also be within our rights to impose cancellation fees.

12. OUR BROCHURE

Great care has been taken in printing and production of our brochure to give you an accurate picture of the facilities available. If any change, which the Company believes, will materially affect you of our resort descriptions, we will advise each party leader or travel agent. There are naturally festivals, local holiday periods, maintenance (e.g. to ski lifts) that are naturally outside of our control.

13 SPECIAL REQUESTS

We do our best to meet any special requests made by you and to pass these on to the appropriate persons provided they are clearly noted on the booking form. However, we cannot guarantee that special requests will be fulfilled and failure to do so will not constitute a breach of contract. Special requests will only be held to form part of the contract between you and the Company when a Director of the Company in writing has confirmed them.

14 BUILDING WORK

It is often very difficult to predict when building work or development may begin in any resort, as such things usually occur without notice. If we become aware of any such developments in your resort and which could cause you significant disturbance or inconvenience, we will do our best where practical to advise you.

15 Disabled

We do what we can to cater for as may people as possible, however we feel that we should point out that whilst we have accommodated groups with special needs, We are not specialists in catering for the disabled or those with special needs or with serious medical conditions. If any member of your party suffers from a disability or serious illness; we suggest that you contact our office for advice, before booking.

16 OUR ACCOMMODATION (a) All the resorts and accommodation, (sometimes described for example as hotels, apartments, chalets, centres and pensions) featured in our brochure have been inspected by one of our Directors or senior staff and chosen as representing fair value in these particular category for our clients. We would suggest that you compare carefully each type of resort with the cost of the holiday, before making your final choice. Where applicable, a local 'star' category for accommodation has been indicated, please note that grading systems vary from country to country and this and the fact that certain properties, particularly centres chalets and some apartments, have no official grading does not necessarily reflect on the standard of comfort or the facilities

(b) Please note that many hotels may make a charge for the use of options facilities (e.g. swimming pool, saunas, solarium, etc.).

(c) Towels and soap are not necessarily provided in all of our accommodation and party leaders are asked to remind members of their group to bring their own supply.

(d) Single rooms are not normally available in any of our contracted accommodation. If available a "single room" supplement (prices on request) is payable for single person occupancy of a room, which may however, contain more than one bed. Twin rooms for accompanying adults above the free place ratio are also subject to availability and supplements. Where accompanying staff cannot be accommodated in twin or three bedded rooms due to the rooming specifications of the group and/or hotel we will normally arrange for the staff members to share a twin or other size room with a party leader(s) of the same sex from another group.

(e) Pupils normally share bedrooms; accommodation 3-6 persons although some hotels reserve the right to use up to 8 bedded rooms where necessary. Some hotels with "mezzanine style apartment rooms" may accommodate up to 11 persons. Where apartment accommodation is featured we will arrange accommodation for your party so that you take up the total number of beds in each apartment, where there is any overflow we will make the most sensible arrangements for the apartment to be shared with another group.

17 ALLOCATION OF ACCOMMODATION & FLIGHTS

(a) In resorts where we feature more than one hotel, chalet or apartment, we ask you to please note that our allocation for specific group is not made until final numbers are received. If you have any accommodation preference, please indicate this on the booking form and we will do our best to meet your requirements. From time to time, it should be noted that we will use additional accommodation not named in the brochure. In such cases, accommodation will be of an equivalent standard, and will, of course be inspected and approved by our senior members of staff.

(b) At the time of publication, we are not in a position to confirm your airline, aircraft type, timings or airport, either departure or return.

18 itineraries and travel schedules

(a) All timings and route schedules featured in the brochure act as a guide only and once a booking is confirmed by the ferry company or airline certain amendments may be necessary. A complete itinerary will be forwarded to your two to three weeks prior to departure. Should any major changes occur after that we would advise you accordingly. Certain services we depend on may, from time to time change e.g. ferry crossings schedules, aircraft schedules, rail timetables, which may affect the overall length of time you spend in resort In the event of this occurring we would not accept responsibility for changes that are beyond our control.

(b} It is obviously important that our programme operates to strict time schedules and we would ask for your co-operation with the various final timings given.

(c) Itineraries can be varied but at all times alterations must comply with EC regulations relating to driver's hours. The final itinerary must be agreed before departure from the UK and only small amendments can be made once the holiday has commenced.

19 INSURANCE

Each party member must have insurance cover. Details of the Companies insurance and rates are available on request.

20 HEALTH REQUIREMENTS

At the time of going to press in January 1996 there were no mandatory vaccination requirements for destinations featured in our brochure. Please note that the cost of any immunisation treatment is not in any case, included in the cost of the holiday. The person signing the Booking Form is entirely responsible for passing any health requirement information to other party members. While we will reconfirm any new health requirements at the time of booking, we do advise you to check with your doctor at least two months prior to travel for the latest requirements, and costs and recommendation, should you be in any doubt.

21 PASSPORTS & VISAS

(a) Party Leaders are entirety responsible for ensuring that all members of the group have the correct and valid documentation. We cannot accept responsibility for any failure to comply resulting in any costs of fines being incurred.

(b) All adults of 18 years and over must travel on a full ten-year passport..

(c) Clients who are not British Citizens must check with the appropriate consulate for individual visa requirements.

(d) Allow at least 8 weeks (12 weeks peak period) to apply for/renew your passport and/or visa.

(e) Any Visa required by British Citizens for destinations in the brochure will be specified on the relevant brochure page.

(f) Clients travelling overland to certain European destinations may need to also pass through controls of other countries en route so this should be allowed for with any passport /visa application

(g) Pupils under 18 years of age can travel on a Collective Passport and the current charge is £40. The Collective Passport application form must be completed by the party leader and sent direct to the appropriate Passport Office with the appropriate fee.

22 TRAVEL DELAY

Most flights operate on time but in the event of a delay greater than 3 hours we will do our best to arrange for the airline to provide, if practical in the circumstances, and given the airport involved, refreshments appropriate to the time of the delay. For delays over 12 hours extending beyond midnight subject to local availability and operational suitability, overnight accommodation may also be arranged.

23 PARTY LEADER'S RESPONSIBILITIES

In signing the booking form the party leader also accepts responsibility for the good conduct of all participants during the holiday and warrants that at least one responsible adult will be on active duty at all times to ensure that all participants behave well. Furthermore it is the Party Leader's responsibility specifically to ensure that

(a) No participant under 18 years of age consumes alcoholic drinks unless written permission from a parent or guardian can be produced.

(b) All local laws relating to the consumption of alcohol is at all times obeyed by participants.

(c) No participant consumes alcohol to excess

(d) No participant smokes in a hotel bedroom (or at all in apartments) or in any other way causes a fire hazard.

(e) Participants act in a responsible fashion during the holiday and do not behave in a way likely to cause damage to property, or damage or offence to other people.

24 AGES AND EXTRA ADULTS

(a) Our prices are valid and applicable for pupils up to 18 years of age in full time education. The adult supplements and the adult lift pass supplement (see Condition 25) is applicable for clients who are 18 rears and over at the time of travel.

(b) If adults (aged 18 years or over at the date of travel) in excess of the free place ratio accompany the group a supplementary charge is payable on the standard price of the holiday. This is given in the price list and varies according to the season. Please note that this supplement is in addition to the extra lift pass costs.

(c) Especially during high season it should be stressed that single, twin or double room requests must be kept to a minimum and are strictly subject to written confirmation by the Company. Adults, over and above free places, requesting single or twin/double occupancy, will be charged a supplement

(d) If the total party comprises more than 25% adults then the Company reserves the right to re-cost the holiday price.

25 LIFT PASSES

Prices are given in our price list normally apply to juveniles up to 17 years of age inclusive. Anyone 18 years of age or over at the date of travel will be liable to pay the adult rate for the ski pass. Please ask our reservations department for the relevant price for your chosen resort.

26 SNOW CONDITIONS

It is of course, not possible for us to guarantee good snow conditions. Having said that you will find that we try to give as accurate an estimate as possible of the length of the average season in each of the resorts we feature. In the event of poor snow conditions, we regret that the cost of transport to the snow must be at the party's expense. Our local representatives will of course, negotiate the best price possible on your behalf.

One pair of skis per person may be carried at a charge of £10. Skis should be packed in a ski bag and have the binding end tips well protected To book the carriage of skis please ensure that you state clearly either on your booking form or your Final Details form the number of pairs you wish to carry. We reserve the right to decline carriage if you fail to indicate this on the Booking/Final Details form.
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