Terms and Conditions
Before you book your holiday, please read all of the information below, along with the important information in our brochure/on our website, as this forms the contract between you and Ashley Adams Ski. Ashley Adams Ski is a Trading Name of Ashley Adams Travel (UK) Ltd.
Your contract is with Ashley Adams Travel (UK) Ltd, a member of ABTA. When you make a booking you guarantee that you have authority to accept and do accept on behalf of your party the terms of these booking conditions. A contract will exist as soon as we issue our confirmation invoice. The contract is made on the terms of these booking conditions which are governed by English Law and we both agree to submit to the jurisdiction of the English Courts at all times, unless you reside in Scotland or Northern Ireland where you may pursue matters through the appropriate courts.
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.
We are a Member of ABTA, membership number [V9606]. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of this contract. The scheme is arranged by ABTA and administered independently. It is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs. The upper limit on claims is £5,000 per person and £25,000 per booking form. The scheme doesn’t apply to claims which are solely in respect of physical injury or illness or their consequences. It can however deal with claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday. For injury and illness claims, you can request the ABTA Mediation Procedure and we have the option to agree to mediation. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
Your holiday price, deposits and payments
When making your booking you must pay a deposit of £200 per person. On receipt of your application form and deposit, we will start to process your application. However if you withdraw your application at any stage, as we will have already incurred costs in processing your application and looking for a placement, we regret that we cannot refund your deposit, as we need to cover costs incurred on your behalf. We will, however, refund your deposit and any other fees paid to date, if we cannot locate a placement for you.
We will send you written confirmation of your selected placement, which will detail the financial schedule which sets out the details of the deposit you have paid us and informs you of the deadlines for the balance due for your selected placement.
|Time of Booking||Fees Due|
|Notified 121-61 days before departure||50% of full placement fee|
|Notified 60-0 days before departure||Full payment of placement fee|
If the above payment schedule is not met, we shall cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit.
Due to continuing variation of airfares, prices will be confirmed when bookings are made. Changes in [transportation costs, including the cost of fuel] [dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports] and [exchange rates] mean that the price of your travel arrangements may change after you have booked. However there will be no change within 30 days of your departure.
We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid, except for any amendment charges.
You agree that you will take out a suitable travel insurance to cover you for your experience and that it will include cover for emergency medical treatment and repatriation to the UK, should either of these become necessary. Your insurance company may not agree to make immediate payment in respect of such claims and in this event you will have to make arrangements for payment of these services, as we will not be liable for these and will not make payment on behalf of you or your insurance company. You further agree to supply us a copy of this travel insurance policy.
We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice.
Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
If you change your booking
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will endeavour to meet your wishes to the best of our ability. An administration fee of £50 per alteration will be charged. You should be aware that these costs could increase considerably the closer to the departure date that the changes are made. Note: Certain travel arrangements (eg Apex Tickets) may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.
If you cancel your booking
You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking or your travel agent on your behalf must be received at our offices, and cancellation is effective from the day we receive this notification. Since we incur costs cancelling your travel arrangements, you will have to pay the applicable cancellation charges up to the maximum shown below. If the reason for cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. Notified 121 or more days before departure-loss of deposit including any higher deposits as demanded by the overseas operators.
Notified 121-60 days before departure 50%
Notified 60-29 days before departure 60%
Notified 28-0 days before departure 100%
Alteration to arrangements whilst abroad by you
We regret that no credit or refund is possible for any unused services provided in the cost of the holiday. If you decide to alter your travel arrangements whilst abroad this is your own responsibility and the Company or the Company’s agents are not responsible for any extra costs that are involved or for any difficulties that may arise with onward travel as a result of such alterations. No credit or refund is possible for any lost, mislaid or destroyed travel documents which should be the subject of a claim on your own insurance.
Alteration to confirmed booking by us
It is unlikely that we will have to make any change to your booking, but we do plan the arrangements many months in advance. Occasionally we need to make changes which we reserve the right to do at any time. Most of these changes are minor, and we will advise you or your travel agent at the earliest possible date. When a major change occurs (such as alteration of your outward/return flights by more than 12 hours, reduction in the standard of accommodation) you will have the choice of either accepting the change of arrangements, accepting alternative arrangements from us, or cancelling your trip and receiving a full refund.
In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We do this by listing carriers to be used or likely to be used as follows:
BA – British Airway
EK – Emirates
BD – British Midlands
GF – Gulf Air
HM – Air Seychelles
MK – Air Mauritius
VS – Virgin Atlantic
SW – Air Namibia
SA – South African Airways
Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same standard.
It is common practice for schedule airlines to use a code share system, which may include you flying with a partner airline. Where this situation arises, it is not classed as a major change.
Period before departure within which a major change is notified to you or your travel agent
Compensation per person
More than 56 days Nil
43-56 days £15
29-42 days £30
15-28 days £45
0-14 days £60
Important Note: Compensation will not be payable if we are forced to cancel or in any way change your holiday due to war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions or other circumstances amounting to force majeure.
Cancellation of confirmed booking by us
In the event of the company having to cancel your trip on or before the date when the payment of the balance of the price becomes due you will be offered the choice of an alternative holiday of at least comparable standard if available and if this is not acceptable a full refund of all monies will be paid. In the unlikely event that we have to cancel after the date when payment of the balance of the price becomes due (always providing that the balance has been paid) , compensation will be made as detailed below. In the event that your trip has to be cancelled for reasons of force majeure, i.e. the occasion of war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, all monies paid will be refunded but it is regretted that there will be no compensation payable.
Cancellation within 56 days of departure:
43-56 days £20
29-42 days £30
15-28 days £50
00-14 days £60
Prompt assistance in resort
If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.
In the case of any complaint we will do all in our power to resolve this to the satisfaction of our client. However, in the unlikely event this proves impossible the matter may (if the customer so wishes) be referred to Arbitration under a special Scheme which, though devised by arrangement with ABTA is administered quite independently by IDRS, part of the chartered Institute of Arbitrators. The Scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. The Scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely or mainly in respect of physical injury or illness, however, the Scheme can cover claims which include an element of injury or illness subject to a limit of £5,000. The rules of the Scheme provide that the application for arbitration must be made within 9 months of the scheduled date of return.
Injury and illness claims
For injury and illness claims, you may like to use the ABTA/ Chartered Institute of Arbitrators Mediation Procedure. This is a voluntary scheme and requires us to agree for mediation to go ahead. The aim is to help you resolve your dispute in a quick and cost effective way.
Details on request or from www.abta.com
Our Liability to You
If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall.
Our liability, except in cases involving death, injury or illness, shall be limited up to a maximum of 2 times the cost of your travel arrangements (not including insurance premiums and amendment charges) We will only have to pay this maximum amount if everything has gone wrong and you have received no benefit from you holiday. Where enjoyment of only some days has been affected, we will refund reasonable related expenses and pay a daily sum of compensation of up to a maximum of \£50 per affected day. Our liability will also be limited in accordance with and/or in an identical manner to
1. The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
2. Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.
You can ask for copies of the transport companies” contractual terms, or the international conventions, from our offices situated at Guardian House, Borough Road, Godalming, Surrey, GU7 2AE. Tel 01483 428162
Brochure and Web site
Our brochure/web site observes the requirements of the Civil Aviation Act 1971, the Package Travel, Package Holidays and Package Tour Regulations 1992 or any amendment or re-enactment thereof. The Company reserves the right to make any changes that may be necessary to the particulars within this brochure at any time after publication. Where such changes occur, these will be subject to the rights as given under the appropriate headings in these Booking Conditions concerning cancellations and alterations.
Delay at airports
All travel is by scheduled airlines, and in the event of departure delays such airlines will advise clients of these details, and in the great majority of cases will arrange extra meals and overnight accommodation as necessary (at the airline’s expense). If for any reason the airline concerned does not provide the extra meals and accommodation, we, as the tour operator will make whatever arrangements we possibly can at our own
expense. As we advise both on the booking form and in these conditions, you should ensure that you take out comprehensive travel insurance which includes financial compensation in most cases for delays of 12 hours or more.
Under EU law (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 will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 6. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Air Transport Users” Council on 020 7240 6061 www.auc.org.uk
Child reductions of up to 50% will be granted on some holidays, provided the child is between the ages of 2 and under 12 years, and shares a twin bedded room with two adults. Infants under 2 years will be charged 10% of the air fare plus nominal charges. Further details will be provided on receipt of specific requirements. Please note that in accordance with Air Navigation Orders in order to qualify for infant status, a child must be under 2 years of age on the date of its return flight.
World weather is becoming more erratic and unpredictable and we can not be held responsible for any disruption caused to your holiday because of bad weather conditions.
Building & Development Work
Many resorts and hotels are continuing to develop. If we receive prior advice we will endeavour to inform you of any work that we consider may affect your holiday. However it may be difficult to foresee the extent this activity will have at any particular time.
If you have a complaint
We do our best to give you an enjoyable, trouble-free trip but occasionally even the best laid plans can go wrong. If you have a problem during your holiday, please inform the relevant authority (e.g. hotel, tour manager etc.) immediately who will endeavour to put things right. If your complaint cannot be completely resolved locally, please follow this up in writing within 28 days of your return home, giving all relevant information. It is therefore a condition of this contract that you communicate any problem to the authority in question whilst on tour. If you fail to follow this simple procedure our ability to investigate may be affected.
Ashley Adams Travel (UK) Ltd., registered address Guardian House, Borough Road, Godalming, Surrey. GU7 2AE. Registered in the UK No. 3307361 (VAT No. 242 4974 53). All holidays in this brochure are covered by the Civil Aviation Authority Travel Organisers licence ATOL No. 4795 and also ABTA Bond.
Data Protection Policy – Tour Operators
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to use the information you provide such as name, address, any special needs/dietary requirements etc. We take full responsibility for ensuring the proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies etc. The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law. Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We, will not however, pass any information onto any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. (If we cannot pass this information to relevant suppliers, whether in the EEA or not, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons)
**Please note that where information is also held by your travel agent, this is subject to your agents own data protection policy. We, your tour operator act as your data controller. You are entitled to a copy of your information held by us. If you would like to see this please contact us. (We may make a small charge for providing this to you.)