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These Booking Conditions together with the details in our
Important Information section form the basis of your contract
with us. Please read these carefully as they explain the responsibilities
and obligations undertaken by all parties when booking with
us. All bookings are subject to these Booking Conditions and
the Important Information.
All party members must ensure they read and understand all
details published in our brochure or on our website (as appropriate)
relating to their holiday prior to sending any booking details
to us. Party Leaders are responsible for passing on any additional
information and/or details of correspondence with us to other
members of the party.
In these Booking Conditions the term "holiday"
means tour, course, day trip or other inclusive arrangement.
"You" and "your" are references to all
persons named on the booking including anyone who is added
or substituted at a later stage.
1 THE CONTRACT BETWEEN US
This contract and all matters arising out of it are governed
by English Law. We both agree that any dispute, claim or other
matter which arises out of or in connection with this contract
or your holiday will be dealt with by the Courts of England
and Wales or the ABTA Arbitration Scheme (see clause 12 ).
Please note, changes to these Booking Conditions or the Important
Information will only be valid if expressly agreed by us in
writing. When you contact us to make a booking, we act as
agent for the relevant carrier which will be disclosed on
your documentation. We reserve the right to substitute the
carrier if necessary. When we have confirmed your booking
by issuing a confirmation invoice, (see clause 2 below) a
contract exists between us under which we accept responsibility
for the provision of all services described on our invoice.
2 TERMS OF PAYMENT
In order to confirm your booking, you should send us your
booking details (please see our "How to Book" section)
together with the appropriate payments and in accordance with
the time scales set out in Clause A below. For flight inclusive
bookings all monies paid by you to any authorised Travel Agent
of ours in respect of your holiday will be held by that agent
on our behalf until they are paid to us or refunded to you.
3 CONFIRMATION OF YOUR BOOKING BY US
Once we have received your booking details and all appropriate
payments, we will, subject to availability, confirm your holiday
by issuing a confirmation invoice. Where we issue this by
email, a hard copy will follow by post. This invoice will
be sent to the party leader. Please check this invoice carefully
as soon as you receive it. Contact us immediately if any information
which appears on the confirmation or any other document appears
to be incorrect or incomplete as it may not be possible to
make changes later. We regret we cannot accept any liability
if we are not notified of any inaccuracies in any document
within ten days of our sending it out (five days for tickets).
4 FINANCIAL SECURITY
We hold an Air Travel Organiser's Licence issued by the Civil
Aviation Authority (ATOL number 2680.) This means the air
holidays in this brochure are ATOL protected. In the unlikely
event of our insolvency, the CAA will ensure that you are
not left 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 at www.atol.org.uk Please note, the
ATOL protection scheme only applies to arrangements which
include flights arranged by us where the person who pays for
the booking is present in the UK when the booking is made
or the first leg of any flight we arrange for you commences
in the UK. We are also members of the Association of British
Travel Agents (ABTA) No.V5376. If your holiday does not include
flights, ABTA will financially protect your holiday in the
same way.
5 PRICE INCREASES
The price of your holiday is fully guaranteed (subject only
to the correction of errors). We reserve the right to correct
errors in both advertised and confirmed prices. We will do
so as soon as we become aware of the error.
Due to the above promises, no refunds can be made in the
event of favourable exchange rate variations or decreases
in costs.
6 SPECIAL REQUESTS
Although we will endeavour to pass any reasonable requests
on to the relevant supplier, we regret we cannot promise that
any requests will be complied with unless we have specifically
confirmed this in writing. Confirmation that a special request
has been noted or passed on to the supplier or the inclusion
of the special request on any documentation is not confirmation
that the request will be met. All special requests are subject
to availability and confirmation in writing by us.
If you or any member of your party has any medical problem
or disability which may affect the holiday arrangements of
that person, please tell us before you confirm your booking
so we can advise as to the suitability of the chosen holiday.
In any case, you must give us full details in writing at the
time of booking. If we feel unable to properly accommodate
the particular needs of the person concerned, we must reserve
the right to decline/cancel their reservation.
7 INSURANCE
We consider adequate travel insurance to be essential.
It is a condition of booking that you purchase insurance cover
if this is not already included in the price of your holiday.
Please see "What's Included" in our Prices Section.
Medical treatment overseas and the cost of repatriation in
the event of an emergency can be very expensive. Details of
the policy we offer are shown in our Insurance Section. Where
we are providing insurance you will receive details of the
cover on confirmation of your booking. If you require extra
cover please enquire. Please read your policy details carefully.
It is your responsibility to ensure that the insurance cover
you purchase is adequate for your particular needs. We do
not check alternative insurance policies.
8 IF YOU CHANGE OR CANCEL YOUR BOOKING
a) If you add extra members or change your booking
You may add extra members to your booking at any time, subject
to availability, payment of the applicable holiday price and
discretionary amendment fee below . If you wish to change
your booking you must notify any changes to us in writing
and we will do our best to comply. We cannot guarantee that
such changes will be possible and we reserve the right to
charge an amendment fee of up to £30 per amendment together
with any extra costs incurred by ourselves and any extra costs
or charges incurred or imposed by any of our suppliers. In
the case of scheduled flights, airlines may apply extra charges
up to full cancellation charges, which we must pass on to
you. Accommodation, flight seats, coach seats and airport
transfers etc. are only available to the people named on the
documentation issued to you by us in the form we issue it.
It is a breach of contract for anyone to sell or give such
accommodation or seats to another person without our knowledge
and agreement.
b) If you cancel your booking
You may replace any cancelled member. We reserve the
right to charge an amendment fee as set out in clause 8 (a)
above together with any extra costs incurred by ourselves
and any extra costs or charges incurred or imposed by any
of our suppliers.. If you are unable to find a replacement,
cancellation charges as set out in Table B below will apply
in order to cover our estimated costs. You must notify all
cancellations and substitutions to us in writing. Charges
apply from the date written notification is received at our
offices. The cancellation charge is calculated on the basis
of the total cost payable by the person(s) cancelling, excluding
insurance premiums and amendment charges. These are not refundable.
Depending on the reason for cancellation, you may be able
to reclaim these cancellation charges (less any applicable
excess) under the terms of your insurance policy. Claims must
be made directly to the insurance company concerned. We will
deduct the cancellation charge(s) from any monies you have
already paid to us. If there is/are any outstanding cancellation
charge(s) remaining, you must pay this to us.
9 IF WE CHANGE OR CANCEL YOUR BOOKING
We start planning the holidays we offer many months in
advance. Occasionally, we have to make changes to and correct
errors in our published information both before and after
bookings have been confirmed, and we may have to cancel confirmed
bookings. Whilst we always endeavour to avoid changes and
cancellations, we must reserve the right to do so.
Most changes are minor such as changes to the overseas airport,
airline, aircraft, ferries or coaches used, changes to departure
times of less than 12 hours or the withdrawal of certain facilities.
Occasionally, we have to make a significant change which include
a change of accommodation to that of a lower official classification
or standard for the whole or a major part of the time you
are away; a change of resort for the whole or a major part
of the time you are away; a change of outward departure time
or overall length of time you are away of 12 or more hours;
and a change of UK departure point (except as between Heathrow,
Gatwick, Stansted or Luton and instances where we offer connecting
transportation). All other changes are minor.
If we have to make a significant change or we have to cancel,
we will tell you as soon as possible, and if there is time
to do so before departure, we will offer you the choice of
the following options:-
(a) accepting the changed arrangements or
(b) purchasing an alternative holiday from us, of a similar
standard to that originally booked if available (if the chosen
alternative is less expensive than your original one, we will
refund the difference but if it is more expensive, we will
ask you to pay the difference) or
(c) cancelling, in which case you will receive a full and
quick refund of all monies you have paid to us.
If we have to make a significant change or cancel on or after
the date when the balance of your holiday cost becomes due
we will pay you compensation as set out in Table C below subject
to the following exceptions. Compensation will not be payable
and no liability beyond offering the above mentioned choices
can be accepted where we are forced to make a change or cancel
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. No compensation will be payable if
we cancel as a result of your failure to comply with any requirement
of these booking conditions entitling us to cancel (eg if
you fail to pay on time).
In all cases, our liability for significant changes and cancellations
is limited to the above mentioned options and, where applicable,
compensation payments as in Table C. We regret we cannot pay
any expenses, costs or losses incurred by you as a result
of any change or cancellation. No compensation is payable
for minor changes or where we make a significant change or
cancel on or before the date when the balance of your holiday
cost becomes due.
Very rarely, we may be forced by Force Majeure (see below)
to change or terminate your holiday after departure but before
the scheduled end of your time away. This is extremely unlikely
but if this situation does occur, we regret we will be unable
to make any refunds (unless we obtain any refunds from our
suppliers), pay you any compensation, or meet any costs or
expenses you incur as a result.
Force Majeure - except where otherwise specified in these
booking conditions, we regret we cannot accept liability or
pay any compensation where the performance or prompt performance
of our contractual obligations is prevented or affected by
reason of circumstances amounting to '"force majeure".
In these booking conditions "force majeure" means
any event which we or the supplier of the service(s) in question
could not, even with all due care, foresee or avoid. Such
events may include war or threat of war, riots, civil strife,
actual or actual threatened terrorist activity, industrial
dispute, natural or nuclear disaster, adverse weather conditions,
fire and all similar events beyond our control .
10 SUPERVISORY RESPONSIBILITIES OF THE PARTY LEADER
The Party Leader accepts responsibility for the good
conduct of all party members. Furthermore it is the Party
Leader's responsibility specifically to ensure that:
a) No party member 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
are at all times obeyed.
c) No party member smokes in an hotel bedroom or at all in
apartments, or in any way causes a fire hazard.
d) Party members act in a responsible fashion and do not
behave in a way likely to cause damage to property or offence
or danger, to other people.
e) All party members are at the correct departure point in
good time for their departure. We cannot be held responsible
for any loss or expense suffered due to any party member's
late arrival at the departure point.
11 BEHAVIOUR
When you book with us, you accept responsibility for
any damage or loss caused by you or any member of your party.
Full payment for any such damage or loss must be paid direct
at the time to the accommodation owner or manager or other
supplier. If you fail to do so, you will be responsible for
meeting any claims subsequently made against us (together
with our own and the other party's full legal costs) as a
result of your actions.
We expect all clients to have consideration for other people.
If in our reasonable opinion or in the reasonable opinion
of any other person in authority, (for example, any airline
pilot, coach driver, accommodation owner or manager, or senior
member of our staff), you or any member of your party behaves
in such a way as to cause or be likely to cause danger, upset
or distress to any third party or damage to property, we are
entitled, without prior notice, to terminate the holiday of
the person(s) concerned. In this situation, the person(s)
concerned will be required to leave the accommodation or other
service. We will have no further responsibility toward such
person(s) including any return travel arrangements. No refunds
will be made and we will not pay any expenses or costs incurred
as a result of the termination.
12 DEALING WITH PROBLEMS
a) If you have a complaint
If a problem arises you should report it as quickly as possible
to our Representative or Agent and the Supplier in question
so that efforts can be made to rectify it to your satisfaction.
Our Representative or Emergency Contact can deal with most
problems on the spot, so please do not wait until you get
home before reporting a problem. If we are unable to resolve
matters the Party Leader must write to our Head Office within
30 days of return, explaining the problem fully. Except in
the case of personal injury, illness or death, we regret we
cannot accept any liability in respect of any complaint or
claim not notified to us within 30 days of return. We undertake
to acknowledge receipt of your letter within 14 days and within
28 days to send you a full reply or an explanation for the
delay. In any event we undertake to send you a full reply
within 56 days.
b) Arbitration
If you have a complaint which cannot be resolved to your satisfaction,
you may decide to have the dispute dealt with by arbitration
under a special ABTA Arbitration Scheme. Although arranged
by ABTA, this Scheme is administered quite independently by
the Chartered Institute of Arbitrators. The Scheme (details
of which can be supplied to you on request) provides for a
simple and inexpensive method of arbitration with the case
being decided on the basis of written statements and documents
only. Your liability to pay any costs is also restricted.
The most which can be claimed under this scheme is £5000
per person up to a maximum of £15,000 per booking. It
does not generally apply to personal injury claims except
those involving minor injury or illness where the maximum
amount which can be claimed is £1,000 per person. If
you wish to use the Scheme, you must request this in writing
within 9 months of the scheduled end of your holiday. Full
details are available from the Association of British Travel
Agents, 68-71 Newman Street, London W19 4AH.
13 LIABILITY AND RESPONSIBILITY
(1) We promise to make sure that all parts of the holiday
we have agreed to arrange as part of our contract are provided
to a reasonable standard and in accordance with that contract.
We also accept responsibility for what our employees, agents
and suppliers do or do not do. We will not, however, be responsible
for any injury, illness, death, loss (for example, loss of
enjoyment), damage, expense, cost or other sum or claim of
any description whatsoever which results from any of the following:-
(a) the fault of the person(s) affected or any member(s) of
their party or
(b) the fault of a third party not connected with the provision
of your holiday which we could not have predicted or avoided
or
(c) an event or circumstances which we or the supplier of
the service(s) in question could not have predicted or avoided
even after taking all reasonable care (see clause 9).
(d) the fault of anyone who was not carrying out work for
us (generally or in particular) at the time.
In addition, we will not be responsible where you do not
enjoy your holiday or suffer any problems because of a reason
you did not tell us about when you booked your holiday or
where any problems you suffer did not result from any breach
of our contract or other fault of ourselves or, where we were
responsible for them, our suppliers or agents or where any
losses, expenses, costs or other sum you have suffered relate
to any business.
Please note, we cannot accept responsibility for any services
which do not form part of our contract. This includes, for
example, any additional services or facilities which your
hotel or any other supplier agrees to provide for you where
the services or facilities are not advertised in our brochure
and we have not agreed to arrange them.
(2) The promises we make to you about the services we have
agreed to provide or arrange as part of our contract - and
the laws and regulations of the country in which your claim
or complaint occurred - will be used as the basis for deciding
whether the services in question had been properly provided.
If the particular services which gave rise to the claim or
complaint complied with local laws and regulations applicable
to those services at the time, the services will be treated
as having been properly provided. This will be the case even
if the services did not comply with the laws and regulations
of the UK which would have applied had those services been
provided in the UK. The exception to this is where the claim
or complaint concerns the absence of a safety feature which
might lead a reasonable holiday maker to refuse to take the
holiday in question.
(3) Where we are found liable for loss of and/or damage to
any luggage or personal possessions (including money), the
maximum amount we will have to pay you is limited to the excess
amount payable under the insurance policy we offer per person
affected. You are assumed to have taken out adequate insurance
at the time of booking. Please also see clause 13(4) below.
(4) Where any claim or part of a claim concerns or is based
on any travel arrangements (including the process of getting
on and off the transport concerned) provided by any air, sea,
rail or road carrier or any stay in a hotel, the maximum amount
of compensation we will have to pay you will be limited. The
most we will have to pay you for that claim or that part of
a claim if we are found liable to you on any basis is the
most the carrier or hotel keeper concerned would have to pay
under the international convention which applies to the travel
arrangements or hotel stay in question (for example, the Warsaw
Convention as amended for international travel by air and/or
for airlines with an operating licence granted by an EU country,
the EU Regulation on Air Carrier Liability for national and
international travel by air, the Athens convention for international
travel by sea). When making any payment, we are entitled to
deduct any money which you have received or are entitled to
receive from the transport provider or hotelier for the complaint
or claim in question.
(5) You must provide ourselves and our insurers with all
assistance we may reasonably require. You must also tell us
and the supplier concerned about your claim or complaint as
set out in clause 12(a) above. If asked to do so, you must
transfer to us or our insurers any rights you have against
the supplier or whoever else is responsible for your claim
or complaint (if the person concerned is under 18, their parent
or guardian must do so). You must also agree to cooperate
fully with us and our insurers if we or our insurers want
to enforce any rights which are transferred.
(6) It is a condition of our acceptance of liability that
you notify any claim in accordance with clause 12 (a) "Dealing
with Complaints".
(7) Many of the services which make up your holiday are provided
by independent
suppliers. Those suppliers provide these services in accordance
with their own terms and conditions. Some of these terms and
conditions may limit or exclude the supplier's liability to
you, usually in accordance with applicable International Conventions
(see clause 13 (4)). Copies of the relevant parts of these
terms and conditions are available on request from ourselves
or the supplier concerned.
(8) Should you or any member of your party have the misfortune
to suffer illness, injury or death through misadventure during
your holiday arising out of an activity which does nor form
part of the arrangements made by us, nor an excursion purchased
through us, we shall, where appropriate and in our discretion
give you every help we can by way of assistance (which may
include help with initial legal costs associated with bringing
a claim against a third party) up to a total cost to ourselves
of £5,000 per booking form, provided that such assistance
is requested within 90 days of the misadventure. In the event
of there being a successful claim for costs against a third
party or a suitable insurance policy in force, we will however
be entitled to recoup from you the costs we actually incur.
14 SAFETY STANDARDS
Please note: The requirements and standards of the country
in which services are provided apply and not those of the
UK. These requirements and standards will not be the same
as the UK and may sometimes be lower.
15 ITINERARY CHANGES AND FLIGHT TIMINGS
Whilst we take care to ensure that all timings on our
itineraries are accurate, we cannot guarantee them as they
are subject to local weather and traffic conditions which
can cause delays.
The flight timings given on booking are for general guidance
only and are subject to change. The latest timings will be
shown on your confirmation invoice. However, the actual flight
times will be those shown on your tickets which will be despatched
to you approximately two weeks before departure. You must
accordingly check your tickets very carefully immediately
on receipt to ensure you have the correct flight times. It
is possible that flight times may be changed even after tickets
have been despatched - we will contact you as soon as possible
if this occurs. We are not always in a position to confirm
the airline, aircraft type and airport of destination which
will be used in connection with any flight included in your
holiday. When this information is provided at the time of
booking or subsequently, it is subject to change. Any such
change will not entitle you to cancel or change to other arrangements
without paying our normal charges.
16 DATA PROTECTION
(For the purposes of the Data Protection Act 1998 and
ABTA Code of Conduct 2000)
For the purposes of the Data Protection Act 1998, we, Equity
Travel (also t/a Rocketski) are a data controller. In order
to process your booking, we need to collect certain personal
details from you. These details will include, where applicable,
the names and addresses of party members, credit/debit card
or other payment details, and special requirements (including
some sensitive data, as defined by the Act), such as those
relating to any disability or medical condition which may
affect the chosen holiday arrangements and any dietary restrictions
which may disclose your religious beliefs. If we need any
other personal details, we will tell you before we obtain
them from you.
We need to pass on your personal details to the companies
and organisations who need to know them so that your holiday
can be provided (for example your airline, hotel, other supplier,
credit/debit card company or bank). Such companies and organisations
may be outside the European Union, Norway, Iceland or Liechtenstein
if your holiday is to take place or involves suppliers outside
these countries.
We would also like to use your personal details to send you
information concerning the holidays and services we offer.
All details you give us in connection with your booking (including
those relating to any disability or medical condition or your
religious beliefs (sensitive data), will be kept by us but
we will only use names and addresses for marketing. Occasionally,
we may sell and or share clients' names and addresses (but
not sensitive data- see above) to other companies or organisations
who offer goods or services which we feel may interest you.
We will ask you for your consent first before doing this.
Except where expressly permitted by the Data Protection Act,
we will only deal with the personal details you give us as
set out above unless you agree otherwise. We have appropriate
security measures in place to protect this information.
You are generally entitled to ask us (by letter or e-mail)
what details of yours are being held or processed, for what
purpose and to whom they may be or have been disclosed. We
will charge a fee to respond to such a request. We promise
to respond to your request within 40 days of receiving your
written request and fee. In certain limited circumstances
we are entitled to refuse your request.
17 FREE PLACES AND OTHER OFFERS
Free places and other offers such as free coach travel
to the airport (where applicable to your holiday) are subject
to the minimum numbers stated in the brochure. Free places
are guaranteed only after final payment has been received
by Equity. Please also see How to Book.
Clause A Terms Of Payment And Deposits
School Ski
a) You should send an Initial Deposit of £35 per
paying member at the time of booking (or full payment if booking
10 weeks or less before departure ("late bookings").
b) Not later than 10 weeks after receipt of Initial Deposits
we must receive a Second Deposit of £75 per paying member
($98 USA). c)At least 16 weeks before departure we will send
you Final Details Forms which you must complete and return
no later than 14 weeks before departure. d) An invoice for
the balance due will be sent 12 weeks before departure. The
full amount outstanding must be received by us no later than
10 weeks before departure (or by return for late bookings).
e) If we do not receive all payments due to it in full and
on time, we reserve the right, at our discretion, to treat
your booking as cancelled by you (in which case the cancellation
charges set out in table B will be payable) and/or levy Late
Payment penalties of £5 per person per week. f)Tickets
are usually dispatched around 2 weeks before departure.
Table B
CANCELLATION CHARGES (please refer to Clause 8 above)
Equity School Ski
Period before departure Cancellation charge
After payment of Deposits Deposits only
70-35 days before departure 60%
34-13 days before departure 75%
12-1 day before departure 90%
Departure date or afterwards 100%
Table C
COMPENSATION (please refer to clause 9 above)
Equity School Ski
Period before departure Compensation per person excluding
significant change or infants
cancellation is notified
More than 70 days Nil
70-35 days £10
34-15 days £20
14 days or less £30
Table D
HOW OUR PRICES ARE CALCULATED.
The prices shown in our brochure were calculated on 01/02/02
on the basis of then known costs and exchange rates of £1
to 1.59€, and £1 to $1.432 as shown in the Financial
Times Guide to World Currencies on 01/02/02
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