OUR SKI CLUB HOLIDAY PACKAGES ARE PROTECTED
ATOL PROTECTION No.2911The Ski Club of Great Britain’s holiday department, Ski Club Winter Arrangements Limited (2911) hold an Air Travel Organisers Licence issued by the Civil Aviation Authority. Many of the flights and flight-inclusive holidays in this brochure are financially protected by the ATOL scheme. But ATOL protection does not apply to all holiday and travel services listed in this brochure. Please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. Please see our booking conditions for information, or for more information about financial protection and the ATOL Certificate go to: atol.org.uk/ATOLCertificate Your Financial Protection When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
ABTOT PROTECTION No.5064
The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for Ski Club Winter Arrangements Limited (5064), and in the event of their insolvency, protection is provided for the following: 1. non-flight packages and 2. flight inclusive packages that commence outside of the EEA, which are sold to customers outside of the EEA. ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if you are abroad. Please note that bookings made outside the EEA are only protected by ABTOT when purchased directly with Ski Club Winter Arrangements. In the unlikely event that you require assistance whilst abroad due to our financial failure, please call our 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company. You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here.
All contracts in respect of these holidays are made with Ski Club Winter Arrangements Limited (Company Number 02099115, whose registered office is at Connect House, Alexandra Road, Wimbledon, London SW19 7JY) of which “Ski Club of Great Britain”, “Mountain Tracks” and “Ski Club Freshtracks” are trading names. All bookings are subject to these Booking Conditions and our “Holiday Information” document.
SKI CLUB MEMBERS ONLY
1. (a) Freshtracks: It is a condition of booking a Freshtracks holiday that you must be a member of the Ski Club of Great Britain to book these holidays. Membership numbers must be provided when the booking is made, as they are required to be stated on the booking confirmation. If you are not a current member at the time of booking, you will be asked to join/renew before confirmation of booking.
(b) Mountain Tracks: When booking a Mountain Tracks holiday, you automatically become a Ski Club of Great Britain beginner digital member at no additional cost. This is an exclusive membership only available to Mountain Tracks clients.
HOW TO BOOK
2. Please follow carefully all the booking details and subsequent instructions. We shall not be liable for your failure to do so. You must be at least 18 years of age at the time of booking. The member who makes the booking is responsible for ensuring that these Booking Conditions are drawn to the attention of every person on whose behalf he/she has made a booking. We will only deal with that member in all subsequent correspondence and dealings. When you make a booking you are confirming that you understand these Booking Conditions and have the authority to accept, and do accept them on behalf of yourself and all members of your party. You are also responsible for making all payments due, ensuring the accuracy of all personal details and other information supplied in respect of yourself and your party, notifying us of any changes or cancellations and for receiving correspondence and keeping your party informed of any changes to your booking.
3. Before the start of the package, we will provide you with the necessary receipts, vouchers and tickets, information on the scheduled times of departure and, where applicable, the deadline for check-in, as well as the scheduled times for intermediate stops, transport connections and arrival.
4. Any special requirements notified to us by you, and that we have accepted, we will confirm in writing and they will form part of the Booking Conditions, until such time they do not form part of the contract between you and us.
5. We will provide information enabling direct contact by a parent or another authorised/responsible person where an unaccompanied minor is travelling on the basis of a package travel contract which includes accommodation.
MAKING A PAYMENT
6. We accept, credit and debit cards (except Amex & Solo). This means that you may telephone your requirements for immediate booking. You will be sent a booking confirmation which must be checked carefully. In the event of any discrepancy, please raise any queries with us immediately. A non-refundable deposit of £300 per person will be payable at the time of booking. If you book within 10 weeks of the departure date the total cost of your holiday and that of your group must be submitted immediately.
7. We reserve the right to vary the deposit and balance due date particularly for (though not limited to) holidays that include heli or cat skiing. We will inform you of these specific terms at the time of booking. Receipt of the deposit by us does not imply confirmation of that booking. No booking shall be confirmed or contract come into existence until we issue a written confirmation invoice along with the booking confirmation. We reserve the right to refuse a booking without giving any reason for such refusal and shall in that event return any deposit received to its sender.
8. The balance of the total cost of the holiday as shown on our confirmation invoice must be paid at least 10 weeks before departure. The balance payment can be made by bank to bank transfer quoting your booking reference number or by credit and debit cards (except Amex & Solo). If the balance has not been paid by such a date, we reserve the right to cancel the booking within seven days thereafter and to retain the deposit by way of our cancellation charge. Any dispute as to the amounts shown in the invoice must be taken up with us within 48 hours of receipt of the invoice. Thereafter the person who made the booking guarantees payment to us in accordance with these Booking Conditions of the total amount shown on the invoice. For cancellation procedures see Section 5 below.
AMENDMENT OR CANCELLATION BY YOU
9. (i) Covid-19: This section remains in force throughout the Covid-19 pandemic, but has been amended by paragraphs 17 to 19 (our “Covid-19 Policy”). In the event that any of the matters provided for in this paragraph 9 contradict our Covid-19 Policy then our Covid-19 policy shall prevail. Our Covid-19 Policy may be updated from time to time as the pandemic progresses.
(ii) If you wish to alter or change any detail in the booking confirmation, or wish to make alternative arrangements to those advertised in the brochure, the request must be made at the time of booking or in writing as soon as possible. We will do our best to make the change but cannot guarantee to do so. Where a change can be made, a minimum charge of £30 per person is payable to cover administrative and other costs we incur in making the alternative arrangements. These further costs could increase closer to the departure date that changes are made. You will also be required to pay any additional costs arising from any alterations. Any transfer of a scheduled flight will also be subject to any charges imposed by the airline. Please note that airlines may not allow transfers on scheduled flights and that a flight booking may have to be cancelled and rebooked, in which event the rebooking will always be subject to flight availability and to payment of any charges imposed by the airline which may, in some cases, be the full cost of the ticket. Please also note that airlines and other transport providers normally regard name changes as a cancellation and re-booking, and any alteration may incur a 100% cancellation charge in respect of their fare.
(iii) You may transfer your package travel holiday to another person who satisfies all of the conditions applicable to that package. In order to do so, you must give us notice in writing of your intention at least 7 days before the day the package is due to start. We will inform you of any additional fees, charges or other costs in relation to the transfer, all which must be reasonable and which will not exceed those actually incurred, and we will provide proof of those costs, if necessary. You and the person you are transferring the holiday to will both be liable to pay these transfer costs.
(iv) You or any member of your party may cancel your holiday arrangements at any time. All cancellations must be received in writing, signed by the person who made the booking and acknowledged by us. However, if the holiday is cancelled up to 10 weeks before the departure date the deposits paid by you will be forfeited. Since we incur costs in cancelling your arrangements the following cancellation charges will also be payable if the holiday is cancelled by you for whatever reason after the balance due date. Notice of cancellation before departure:
Proportion of holiday cost payable
70-43 days 30%
42-31 days 50%
30-0 days 100%
(v) Freshtracks Course Only holidays. These bookings must be paid for in full at the time of booking. All cancellations must be received in writing, signed by the person who made the booking and acknowledged by us. Since we incur costs in cancelling your arrangements, all cancellations are subject to a £100 non-refundable fee. The following cancellation charges will be payable if the arrangements are cancelled by you for whatever reason. Notice of cancellation before departure:
Proportion of holiday cost payable
70-31 days 50%
30-0 days 100%
(vi) Ski Club Performance Series. All bookings on a Ski Club Performance Series course must be paid in full at the time of booking. All cancellations must be received in writing, signed by the person who made the booking and acknowledged by us. Since we incur costs in cancelling your arrangements, all cancellations are subject to a £100 non-refundable fee. The following cancellation charges will be payable if the arrangements are cancelled by you for whatever reason. Notice of cancellation before departure:
Proportion of holiday cost payable
31+ days 0%
30 - 0 days 100%
(vii) All cancellations must be received in writing, signed by the person who made the booking and acknowledged by us.
(viii) You may terminate the contract in unavoidable and extraordinary circumstances without paying any termination fees and will be entitled to a full refund payable within 14 days, but you will not be entitled to any additional compensation. NB: An unavoidable and extraordinary circumstance means a situation at the destination beyond your control and the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples of some unavoidable and extraordinary circumstances for the purpose of this section include warfare, other serious security problems, risks to human health, or natural disasters which make it impossible to travel safely to the destination.
(IX) Failure to pay the balance by the due date shall also entitle the Ski Club to cancel the booking and retain the deposit by way of a cancellation charge. Failure to pay any other amount by the due date shall entitle the Ski Club to cancel the booking and to retain an amount by way of a cancellation charge as set out in Clause 9(iii-iv). Cancellation charges due on heli-skiing holidays are according to each helicopter skiing operator’s booking conditions. These will be made known to you before you book.
(X) We regret that we cannot provide you with a refund if you do not use any part of your holiday included in your package, such as unused coach travel, unused air tickets or on unused sections of other types of ticket, whether travel or otherwise, unless a refund can be obtained by us from the carrier or provider.
10. (i) We reserve the right to alter the prices and any other information relevant to any of the holidays shown in our brochure or on our website. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed.
(ii) We may amend the price of your holiday after the contract is agreed, but only due to changes in transportation costs such as fuel or other power sources or changes in VAT or other government-imposed charges and currency changes in relation to an exchange rate variation. You also have the right to a price reduction if any of these costs decrease before the start of the holiday, minus any attributable administration fees. We will notify you in writing of any change in price at least 20 days before the start of the package, along with a calculation and justification for any change.
(iii) In the case of any increase equivalent to 2% of the price of your holiday arrangements (excluding insurance premiums and any amendment charges), this will be absorbed or retained. For larger variations between 2% and 8%, the first 2% will still be absorbed for increases but you will be required to pay any amount over and above that. In the latter case there will be an administration charge of £1 per person together with an amount to cover agents’ commission.
(iv) However, if this increase is more than 8% of the total price of your holiday arrangements, we will inform you in writing and give you reasonable time to accept the change, if you do not respond we will send you a second notification. If after this second notification you still do not respond, we will terminate the contract and refund all payments within 14 days. Upon receiving notice of the increase, you may cancel your holiday arrangements and receive a full refund of all monies paid with no termination fees (and any applicable compensation for lack of conformity). If you wish to terminate the contract, we may also offer you a substitute package in place of the original package, and if this is of a lower cost we will provide an appropriate price deduction. If you do not wish to accept the substitute package, we will give you a full refund within 14 days of termination.
Please note that holiday 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.
(v) The prices of holidays in this brochure are calculated based on costs known at June 2020.
11. The majority of our holidays are priced and sold on a shared room basis and we will do our best to help individuals find a room sharer but this is not always possible. If, when rooming lists are finalised, there is an imbalance in numbers so that a sole occupancy supplement is incurred, this cost will be passed onto you. Please note that where individuals have been allocated or have specifically asked to share a room with another/other member(s), and one or more of the individuals in the allocated room cancels their holiday, we reserve the right to resell the cancelled place should we have the demand and you may therefore end up sharing a room with another individual.
CHANGES AND CANCELLATION BY US
12. (i) We reserve the right to change the terms of the package holiday before the start of the package. We will only make such changes if they are insignificant and if we inform you in writing.
(ii) If circumstances beyond our control affect any of the main characteristics of the package or we can no longer fulfil the agreed special requirements, we will inform you of the fact in writing and give you a reasonable time to accept the change, if you do not respond we will send you a second notification. If after this second notification you still do not respond, we will terminate the contract and refund all payments within 14 days. Upon receiving notice of the change, you may accept the change or cancel your holiday arrangements and receive a full refund of all monies paid with no termination fees (and any applicable compensation for lack of conformity). If you wish to terminate the contract, we may also offer you a substitute package in place of the original package, and if this is of a lower cost, we will provide an appropriate price deduction. If you do not wish to accept the substitute package, we will give you a full refund within 14 days of termination.
(iii) “Force majeure” means unusual or unforeseeable circumstances beyond our control or the control of our suppliers, the consequences of which neither we nor our suppliers could avoid even with all due care, including, but not limited to, epidemic or outbreaks of illness (including Covid-19), war, threat of war, riot, civil strife, industrial dispute, terrorist activity or threat of it, natural or nuclear disaster, fire, flood, drought, technical problems with transport, machinery or equipment, power failure, changes imposed by rescheduling or cancellation of flights by an airline, closure or congestion of airports or ports, and adverse weather conditions. If your holiday package is cancelled due to "force majeure" we will notify you without due delay and give you a full refund of any payments made for the package, or you can choose a credit note of the same value towards a future holiday. However, unfortunately we are unable to refund you for any elements of your trip not included in our package or give you any additional compensation.
(iv) We reserve the right to cancel any holidays that are subject to a minimum number of participants where there are insufficient numbers or where we cannot perform the contract due to unavoidable and extraordinary circumstances and we notify you without undue delay before the package starts. We will not cancel your holiday less than 20 days before departure except for reasons of force majeure or failure by you to pay the final balance, unless it is agreed with you. If it is necessary to cancel your travel arrangements, compensation will not be payable by us in the event of force majeure, your late or non-payment or where there are insufficient numbers to operate the holiday.
V) Mountain Tracks: Our qualified Mountain Tracks IFMGA guides and BASI4 instructors will act as Course Directors. The Course Director may deem it necessary to change part or all of the itinerary if they believe that carrying on with the original itinerary could pose a risk to the safety of the group due to circumstances out of our control, including but not limited to the weather and snow conditions.
13. Valid and adequate travel insurance is mandatory across all of our holidays. It is your responsibility to ensure that your policy provides cover for all the activities that you participate in during your trip. The Ski Club insurance policy is an option but it is a condition of booking that all clients have insurance which provides at least the same level of cover as that of the Ski Club Travel Insurance policy as detailed on skiclubinsurance.co.uk. It is your responsibility to comply with the insurance company’s requirements and if you suffer from a disability or medical condition, you should disclose this to insurers. Your policy of insurance should provide cover for personal injury, death, medical and repatriation costs in the countries which you intend to visit, together with cover for loss of baggage and valuables, personal liability, delay, cancellation, curtailment, missed departure and legal expenses. Your policy of insurance should also include cover against losses caused by the effects or consequences of Covid-19. We also advise that your policy should include skiing off-piste without a guide. Insurance premiums must be paid at the same time as booking the holiday for cancellation cover to be effective. Please read the full policy wording carefully. Cancellation cover commences on payment of your premium; other sections of the cover apply during your holiday including the outward and return journeys. Please keep insurance details with you whilst on holiday. No liability will be accepted by the Ski Club of Great Britain for any members travelling without adequate insurance as defined in section 13. Please note that claims relating to COVID-19 vary between providers, please ensure you check your policy carefully before purchasing.
14. (i) We, as the organiser of your holiday, are responsible for the proper performance of all the travel services included within your holiday package. We do not own or manage the aircraft, ships, accommodation, restaurants, and other facilities used in conjunction with the holidays advertised in this brochure. We also arrange for other tour operators to run some holidays on our behalf. While we have exercised reasonable care in selecting tour operators, providers of travel, accommodation, restaurants and other facilities, we will not have had the opportunity to inspect and do not by our brochure or by our website represent that we have inspected such aircraft, ships, accommodation, restaurants or other facilities. However, we accept responsibility for our employees, agents, suppliers, and sub-contractors while acting within the course of their contractual duties and because of our obligations to you:
(ii) If any of the travel services are not performed in accordance with these Booking Conditions, we will, within a reasonable time set by you, remedy the lack of conformity unless remedy is impossible or it entails disproportionate cost to us. You may also remedy the lack of conformity and are entitled to a reimbursement of the necessary expenses.
(iii) If we are unable to remedy the lack of conformity within a reasonable time set by you due to impossibility or disproportionate cost, we will offer you an appropriate price reduction and compensation for any damage incurred as a result for any period where there is a lack of conformity (unless we believe the lack of conformity is attributable to you).
(iv) We are not obliged to offer compensation for damages if we can prove that the lack of conformity is attributable to you, or to a third party unconnected with the travel services where unforeseeable or unavoidable or due to unavoidable and extraordinary circumstances.
(v) If we are unable to provide a significant proportion of the agreed travel services as agreed we will offer you, at no extra cost, suitable alternative arrangements of, where possible, equivalent or higher quality than those specified in the contract. If we provide alternative arrangements of lower quality we will grant you an appropriate price reduction. If we cannot provide alternative arrangements or you reject those offered, you may be entitled to a price reductions or compensation for damages.
(vi) If a lack of conformity substantially affects the performance of the package and we are unable to remedy the lack of conformity within the reasonable period, you may terminate the contract without paying a termination fee and you may be entitled to a price reduction, or compensation for damages.
(vii) If (v) and (vi) above apply, and the travel services include carriage of passengers, we will also provide repatriation at no cost to you with equivalent transport without undue delay.
(viii) If we are unable to ensure your return as agreed due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation for a period not exceeding 3 nights per traveller or for the period specified under the Union passenger rights legislation applicable to the relevant means of transport. This limitation does not apply to disabled, pregnant or unaccompanied minors as long as you let us know of their needs at least 48 hours before your holiday.
15. Our liability (except in matters involving injury, illness or death) is limited to three times the total price of the package cost of the holiday (excluding insurance premium and amendment charges). If you or any member of your party is killed, injured or becomes ill as a result of transport by aircraft, ship, train, coach or any other vehicle, our liability to pay compensation and/or the amount of compensation we will pay is limited in accordance with the Montreal and Warsaw Conventions (applies to transport by air), the Athens Convention (applies to transport by ship), the Berne Convention (applies to transport by rail) and the Geneva Convention (applies to transport by road). The terms of these conventions are incorporated into and form part of your contract with us. You can get copies of the relevant conventions on request. You should note that these conventions may limit or remove the carrier’s liability to you and the amount which the carrier has to pay to you. Where the services are provided by air or sea carriers our liability is limited as if we were the carriers within the appropriate international conventions. Should any payment be made to you or any member of your party by us in any of the circumstances referred to under Clauses 14 , we reserve the right to have you assign to us any rights or claims against the person or organisation responsible for causing the illness, injury or death. You must also assist us and our insurers in pursuing any such claim. All claims must be notified immediately to us and confirmed in writing within 50 days. Any amounts recovered in excess of the payments made by us to you will be passed on to you after deduction of our costs. Nothing in these terms excludes or limits our liability in the event of death or injury that occurs as a result of our negligence.
16. We can accept no liability for:
(i) failure to deliver special requests, where these have not been confirmed in writing to you;
(ii) extra costs as a result of you missing a flight; or
(iii) refusal of travel due to a missing or invalid passport or visa. For more information on passport and visa requirements, please see the Holiday Information documents;
Iv) you failing to meet the fitness and skill level required for a holiday booked as indicated on the trips website. For the avoidance of any doubt the Course Director may in their sole discretion exclude you from any activity where you do not the required fitness or skill level.
17. We both acknowledge the ongoing COVID-19 global crisis and accept our obligations to comply with any official guidance from governments or local authorities, both in the UK and whilst on holiday. Please note that we will have no liability for any refunds, compensation, costs, expenses or other losses of any kind incurred by you or any member of your party (including, where applicable, the cost of medical treatment or additional accommodation), in the following circumstances:
(i) If you, or anyone in your booking party, tests positive for Covid-19 and are required to self-isolate or go into quarantine for a period of time, or are notified or otherwise become aware that you have, or suspect you may have, come into close contact with someone who has tested positive for Covid-19 (or where they otherwise suspect they may have Covid-19) and are required to self-isolate or go into quarantine for a period of time. You must immediately tell us should you suspect you have Covid-19 or its symptoms or have come into contact with someone who does prior to or during your holiday. You agree for us to share that information with any third party who reasonably should be told.
If this happens within 14 days of your departure date, you must contact us as you may no longer be able to travel. At our sole discretion we will offer you one of the following options where possible and subject to availability:
• Transferring your booking to a later date: We will notify you of any impact on the price the postponement may have (please note that you may have to pay full cancellation charges on some or all elements of your holiday, such as the flight, as well as any increase in cost imposed by other suppliers)
• Cancelling your holiday: You will be deemed to have cancelled the holiday and our standard cancellation charges and conditions apply. You may be able to claim these costs back from your travel insurance.
(ii) You fail any tests, checks or other measures imposed by a supplier, airline, port or airport, border control authority or other government body or local authority or fail to submit for testing or assessment when requested to do so, and as such you are denied entry to board the flight, entry to the destination, access to the services or you are otherwise unable to proceed with the holiday, or that portion of the holiday.
18. You also acknowledge that the suppliers providing your holiday, including airlines, hotels and excursion providers, will need to comply with national and/or local guidance and requirements relating to Covid-19, and have implemented certain measures as a result. This will likely include specific requirements regarding personal protective equipment, such as use of face-masks by staff (and you may be required to wear a face-mask as well), social distancing, maximum number restrictions on the use of certain facilities, designated alternative entrance and exit routes, mandatory hand sanitisation, limited entertainment options (such as spa and bar facilities) and limited food/drink availability. We do not expect these measures to have a significant impact on your enjoyment of the holiday and all measures will be taken with the purpose of securing your safety and those around you. You will not be entitled to any refund or compensation in respect of any measures taken in connection with your holiday in respect of Covid-19.
19. We will not be responsible for covering the cost of any curtailment of your holiday, missed transport arrangements, additional accommodation required, or other associated costs incurred by you. You must ensure you have travel insurance which indemnifies you for these costs. It is a condition of you booking your holiday with us that you obtain travel insurance which includes cover against losses caused by the effects or consequences of Covid-19. Before departing on holiday, we strongly recommend you familiarise yourself with any Covid-19 rules and restrictions to travel imposed by your government and of those rules and restrictions imposed by the authorities of your holiday destination. You acknowledge that rules regulations and restrictions to travel can be imposed at short notice. You also acknowledge that as a result of the impact of Covid-19 hotels ski slopes shops and restaurants may close at short notice and your holiday may be affected.
PROBLEMS NOT CONNECTED TO OUR HOLIDAY PACKAGE
20. Should any member of your party suffer illness, injury or death through misadventure arising out of an activity which does not form part of the holiday package we have arranged for you, we cannot accept liability. We are obliged to provide assistance to you should you be in difficulty. This is another area where it is important to have adequate holiday insurance cover. We may provide you with information on our website, in our brochure or when you are on holiday about activities and excursions which are available in the area you are visiting but which you cannot book with us in the UK and which are not part of your holiday arrangements. We have no involvement in any such activities or excursions which are neither run, supervised or controlled by us. They are provided by local operators or other third parties and we cannot accept any liability in relation to such activities or excursions.
21. As set out in Clause 14 above, transportation on aircraft, coaches, trains or ships is subject to the conditions of carriage of the carrier, some of which may limit or exclude liability. These conditions are often the subject of international agreement between countries and copies of the conditions which apply to your holiday journey and will normally be found on the carrier’s tickets. They are available prior to that time from our office. Under EU Regulation 261/2004 you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However, reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday cost from us.
LUGGAGE, SKIS AND EQUIPMENT
22. All luggage, skis, snowboards, boots, equipment and other personal effects shall be at all times and in all circumstances the owner’s own responsibility and taken on holiday at the owner’s risk. We cannot accept responsibility for any loss or damage or delay to your luggage and effects unless directly caused by the negligence of one of our employees. In the event that damage is caused to baggage while in transit with airlines, or at airports this must be reported immediately to the airline or their representatives and a Property Irregularity Report (PIR) form completed by the airline or their representative. This must be completed before leaving the airport. It will not be possible to make a claim against an airline if the damage is discovered after leaving the airport and we cannot accept any responsibility for any loss or damage or delay to luggage.
23. (i) Freshtracks: We hope you will not experience any problems with your holiday. If you do, however, you must take it up with your Club Representative without undue delay so that we can attempt to solve it at once. If the problem cannot be resolved in a short time your Representative will complete a complaint form, which you will be asked to sign to ensure that it sets out your full complaint properly and which we undertake to investigate as soon as possible and report back to you. If you are unhappy with the outcome of our investigation you must put this in writing to us within 28 days of the end of your holiday.
(ii) Mountain Tracks: If you have a complaint you should inform the Course Director or another Mountain Tracks representative as soon as possible so that they have an opportunity to take appropriate action on the spot. If after the trip is completed, you feel that your complaint has not been properly dealt with you must notify us in writing within 28 days of its scheduled completion. We will then try to reach an agreement with you.
(iii) Your failure to comply with this complaints procedure may deprive us of the opportunity to investigate and rectify your complaint whilst on holiday and may affect your rights under this contract.
24. You can also refer your complaint to an alternative dispute resolution entity who can help resolve consumer disputes and whose decisions are binding on us. For more details, please contact us using the details in Clause 37.
GOVERNING LAW AND JURISDICTION
25. These terms are governed by English law. Any claim or dispute arising out of these terms (including non-contractual disputes or claims) is subject to the exclusive jurisdiction of the English courts.
FOR YOUR PROTECTION
26. We provide full financial protection for our package holidays. For flight based holidays this is through our Air Travel Organiser’s Licence No. 2911. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information, visit the ATOL website. When you buy a package holiday which does not include a flight, protection is provided by a bond held by the Association of Bonded Travel Organisers Trust Ltd, Membership No. 5064. We will provide you with the services you have bought (or a suitable alternative). In some cases, where we are not able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the service you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
28. We may use your information for the purposes set out in our data protection registration at the Information Commissioner’s Office. We may disclose your information to companies who act as data processors on our behalf in order to fulfil your booking contract. Some information, for example relating to your religion or health, may be “sensitive personal data” within the meaning of the EU General Data Protection Regulation (GDPR). We need this information to cater for your needs (e.g. dietary or medical requirements), but it is collected on condition that we have your positive consent. If you do not agree to our use of your information, we cannot accept your booking. By making a booking with us, you agree to allow your insurers, their agents and medical staff to disclose relevant information to us in circumstances where we may need to act in the interests of everyone in the group with whom you are travelling (For example, if you contract an infectious illness whilst on holiday, we may immediately need to make special arrangements for you and ensure that you do not return with the group). From time to time we may contact you by post with information about our services and products. If you do not wish to receive such information, please change your communication preferences in the ‘My Ski Locker’ section of www.skiclub.co.uk or contact us via firstname.lastname@example.org.
29. Data protection laws grant you, as a Data Subject, certain ‘information rights’, which are summarised below:
Right of access - You have the right to obtain a copy of information we hold about you.
Right of rectification or erasure - If you feel that any data that we hold about you is inaccurate, you have the right to ask us to correct or rectify it. You also have a right to ask us to erase information about you where you can demonstrate that the data we hold is no longer needed by us, or if you withdraw the consent upon which our processing is based, or if you feel that we are unlawfully processing your data. Please note that we may be entitled to retain your personal data despite your request, for example if we are under a separate legal obligation to retain it. Your right of rectification and erasure extends to anyone we have disclosed your personal information to and we will take all reasonable steps to inform those with whom we have shared their data about your request for erasure.
Right to restriction of processing - You have a right to request that we refrain from processing your data where you contest its accuracy, or the processing is unlawful and you have opposed its erasure, or where we do not need to hold your data any longer but you need us to in order to establish, exercise or defend any legal claims, or we are in dispute about the legality of our processing your personal data.
Right to Portability - You have a right to receive any personal data that you have provided to us in order to transfer it onto another data controller where the processing is based on consent and is carried out by automated means. This is called a data portability request.
Right to Object - You have a right to object to our processing your personal data where the basis of the processing is our legitimate interests including but not limited to direct marketing and profiling.
Right to Withdraw Consent - You have the right to withdraw your consent for the processing of your personal data where the processing is based on consent.
Right of Complaint - You also have the right to lodge a complaint about any aspect of how we are handling your data with the UK Information Commissioner’s Office, which can be contacted at www.ico.org.uk.
Right to Opt-out of Marketing Communications - You have the right to opt-out of marketing communications we send to you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you.
Any Data Subject Access Requests or Data Removal requests should made in writing or e-mail. You may be charged an administration fee for this. Any request should be addressed to Data Compliance, The Ski Club of Great Britain, Connect House, 133-137 Alexandra Road, Wimbledon, SW19 7JY.
ACCURACY OF HOLIDAY DESCRIPTIONS
30. Care has been taken in the planning and production of the holiday descriptions so that you may obtain an accurate picture of the holiday of your choice. Nevertheless, there may be times when an advertised facility is either modified or not available due to, for example, adverse weather conditions or insufficient bookings or other factors beyond our control. We therefore reserve the right to alter or vary the content of the brochure or our website at any time.
31. By booking a holiday with us you undertake to deport yourself in a safe and orderly fashion and not to disrupt the enjoyment of others on holiday with you nor to prejudice the reputation of the Ski Club of Great Britain with the owners of the accommodation or the suppliers involved in the agreement. Most people go on holiday for rest and relaxation, so if in our reasonable opinion or that of any airline pilot, hotel manager, tour leader, or other person in authority, your behaviour is causing danger, damage to property or persistently affecting the enjoyment of others, we reserve the right to terminate your holiday. Should this happen, we shall not be under any obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative accommodation and return transportation arrangements) you may incur as a result of your travel arrangements being terminated. Also, we will be entitled to recover compensation for any damage caused from the offending party and/or the person who signed the booking form in the event a resulting claim is made against us by a third party. If the Captain of your flight reasonably believes that you could be a danger or disruptive, he can refuse to let you on the flight. If this means that you are not allowed to board the flight, we will treat your booking as cancelled from that moment, and you will have to pay full cancellation charges. We will not be liable to pay you any compensation. We cannot accept liability for the behaviour of others in your accommodation or on your flight, nor if any facilities are removed as a result of their actions.
OUR HOLIDAY REPRESENTATIVES
32. Freshtracks: The day-to-day organisation of the holiday in the resort is undertaken by the volunteer Ski Club Representative and they have been asked to make sure the arrangements made are the best, in their opinion, for the group as a whole.
31. Mountain Tracks: Our qualified Mountain Tracks IFMGA guides and BASI4 instructors will act as Course Directors on our Mountain Tracks trips and are permitted to make decisions in the interest of the group as a whole's safety and enjoyment.
33. Any Member wishing to ski/snowboard with the Club agrees to follow the FIS rules of conduct and the following:
(i) You must ensure that your equipment is in good working order before setting off for the day and that you are suitably clothed for the proposed itinerary and all possible weather conditions. You must decide whether or not a particular run or route is within your competence.
(ii) It is your sole responsibility to ensure that you are suitably insured for the activities intended to be undertaken. You are responsible for your own safety, and you must be aware of the safety of other group members. Skiing is an inherently risky sport and you must be physically fit and have sufficient skill and experience to enable you to participate without risk to yourself or the safety of others. If you are unable to effect linked snowplough turns competently or if your level of fitness and/or ability does not appear to conform to that of the rest of the group, you will be asked to join the local ski school at your own expense or will be asked to make your own skiing arrangements.
34. No refunds or compensation will be paid in these circumstances. At the end of each holiday every member will be issued with a Club profile which will be recorded on the Ski Club membership database.
35. Skiing, snowboarding and other winter sports can be dangerous. When skiing off piste or ski touring there may be an element of increased risk. You must be competent and fit enough to undertake these sports and you must take all reasonable precautions for your own safety and the safety of any children for whom you are responsible. You must ensure that your equipment is in good working order and that you are suitably clothed for a day’s skiing or snowboarding. Children should wear proper helmets at all times when they are participating in winter sports. When venturing off piste it is advisable to wear an avalanche transceiver. These are provided for and should be worn by every person on every All Mountain, Off Piste and Touring holiday. All members on all these holidays will be expected to provide their own backpack shovel and probe. It is your responsibility to ensure the equipment is in good working order for the duration of the trip and is returned to your Ski Club Representative at the end of your stay. Unless you are accompanied by a professional mountain guide or ski instructor, you must use your own judgement when deciding which route to follow. When you are skiing under the guidance of a professional mountain guide or ski instructor organised through the Ski Club you should follow their reasonable instructions. In the event that you feel that any route is beyond your capability to ski safely, you must inform the Ski Club Representative, mountain guide or ski instructor immediately. You must accept that Ski Club Representatives, mountain guides and ski instructors have the right to prevent you from participating in any programme organised by the Ski Club if, in their reasonable opinion, you cannot participate safely because your standard of skiing or fitness is inadequate, or your conduct may present a danger to others. Neither the Ski Club of Great Britain nor Ski Club Winter Arrangements Limited has any liability to you in these circumstances. Safety standards in many foreign countries may be lower than those taken for granted at home. While hotels and facilities should meet local safety regulations these rarely match UK standards which are amongst the highest in the world. We do not inspect the safety of ski lifts, ski runs and so on. These are operated locally and do not form part of your package with us.
SNOW AND WEATHER CONDITIONS
36. We cannot accept responsibility for the snow or weather conditions experienced during your holiday with the Ski Club of Great Britain. Where we have used the word ‘powder’ in the description of your holiday, we will endeavour to find the best available snow, but if conditions are such that no powder is available (for weather or safety reasons) we accept no responsibility. Nor do we offer a snow guarantee, but we have specially chosen resorts with good snow records.
DATES OF VALIDITY OF BROCHURE
37. This brochure is valid between 1 July 2020 and 30 June 2021.
38. Please note that, as part of the fight against terrorism, international crime and money laundering, EU Regulation (EC) No 1889/2005 requires all passengers entering or leaving the European Union through its external control points with €10,000 or more in cash (or its equivalent in other currencies or easily convertible assets – e.g. bonds, shares, traveller’s cheques etc.) to declare the sum to the customs authorities of the Member State which he/she is entering or leaving. If you are likely to need to make a declaration under this regulation please contact the HM Revenue & Customs National Advice Service on 0845 010 9000 or visit www.hmrc.gov.uk for further information on how to comply.
39. Should you need to request assistance or find yourself in difficulty or if you would like to complain about any lack of conformity perceived during your holiday with us, please contact us at:
Ski Club Freshtracks / Ski Club Mountain Tracks
133-137 Alexandra Road
Wimbledon SW19 7JY
Tel 020 8410 2022