VIP booking conditions
VIP SKI is a trading name of APS Select Ltd.
- Registered Office: Collingbourne House, 140-142 Wandsworth High Street, London SW18 4JJ.
- Company No. 2842310.
- ATOL No. 3556.
referred to hereafter as the Company, VIP SKI, we, us and our.
In these booking conditions the client (hereafter referred to as the Client or you or your) means all persons named on the booking including anyone who is added or substituted at a later date.
No contract shall exist between the Client and VIP SKI until deposits or full payment as applicable shall have been received by the Company and a confirmation invoice has been issued by the Company provided that; in the case of telephone bookings made within 10 weeks of departure where payment is made by debit or credit card, a contract shall come into existence immediately upon the Company processing your credit/debit card payment and providing oral confirmation of the booking to you. When making a telephone booking in such circumstances you are deemed to have accepted these booking conditions at the time of making your telephone booking. A confirmation invoice will be sent to you subsequently. In all cases, when you receive your invoice, please check all the details carefully to ensure that they are correct, as the invoice, together with these booking conditions form the basis of the contract between us. If there are any discrepancies in the invoice, please bring these to our attention within 7 days of issue, otherwise we will assume that the details shown are correct and amendment charges may be levied where changes are subsequently necessary. We reserve the right to amend any obvious errors in the confirmation invoice including those which concern the price. We will do this as soon as we notice the error but no later than 7 days after issuing the invoice and no later than 24 hours before departure in the case of late bookings.
Full payment, less any deposit pre-paid must reach the Company not less than 10 weeks prior to departure (the Due Date). The person who makes the booking on behalf of the Client (the Party Leader) must be over 18 years old and be authorised to make the booking on behalf of the Client and by making the booking the Party Leader confirms that he/she is so authorised. The Party Leader shall be liable for full payment for all those persons named on the booking and for other persons added or substituted at a later date. If payment shall not have been received by the Due Date, the Company shall have the right to cancel the booking, retain the deposit paid and levy cancellation charges. Any money paid by the Client to an agent, under or in contemplation of a contract with the Company, is held by the agent as agent for the Company until the date on which the agent pays the money to the Company.
3. Consumer Protection
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.
For more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate
As a member of the Association of Bonded Travel Organisers Trust Limited (ABTOT), VIP SKI has provided a bond to meet the requirements of the Package Travel, Package Holidays and Package Tours Regulations 1992. In the event of insolvency, protection is provided for non-flight packages commencing in and returning to the UK and other non-flight packages excluding pre-arranged travel to and from your destination. Please note that packages booked outside the UK are only protected when purchased directly with VIP SKI. In the above circumstances, if you have not yet travelled you may claim a refund, or if you have already travelled, you may claim repatriation to the starting point of your non-flight package.
The prices quoted on our website are based on an exchange rate of Euro 1.13 and CHF 1.4 equals £1.00. Although every effort is made to ensure that prices are accurate at the time of publication we cannot guarantee these prices and you must check the price of your chosen holiday at the time of booking at which point the correct current price will be advised to you. We reserve the right to increase prices at any time before your booking is accepted. Once your booking has been accepted we reserve the right to levy surcharges in the event of changes to the Company’s transportation costs or in dues, taxes or fees payable such as fuel surcharges, landing taxes or embarkation or disembarkation fees at ports or airports, government action (such as increases in VAT or any other government imposed increases) or in relation to the exchange rates that have been used to calculate the cost of your holiday. The Company will absorb an amount equivalent to 2% of the holiday price (excluding insurance premiums and any amendment charges). You will be entitled to cancel your holiday in such circumstances and receive a full refund (provided that you exercise your right to do so within 14 days from the issue date printed on the surcharge invoice). In cases where the Company has received payment in full from the Client by the due date stipulated for latest payment on the invoice, the Company will not impose any surcharges after payment in full has been received.
Your holiday price does not include:
- Holiday Insurance and Government Insurance Tax.
- The cost of return travel from home to departure point.
- Lift Pass, equipment hire and ski lessons.
- Room Supplements for reduced occupancy.
- 3% handling fee if payment for your holiday is by credit card.
- Travel on 1 or 8 Dec 2013.
5. Amendments by the client
If you wish to change any details of your booking you must inform us as soon as possible and confirm the details in writing. If we are able to accept the change we will charge an amendment fee of £30 per person for each booking change. However, any changes made within 10 weeks of departure may be treated as a cancellation and cancellation charges will apply as detailed in these booking conditions. If the change is to increase the number of persons booked no amendment fee or cancellation charges will apply. A change of name for arrangements exactly as booked does not constitute an amendment unless flight tickets have been issued, in which case a £30 per person amendment fee is payable. Name changes for scheduled flights may incur increased charges.
6. Cancellation by the client
Cancellations must be notified to us in writing by the Party Leader and will only be effective when we receive the written notice of cancellation at our offices. In all cases of cancellation by the Client the deposit, insurance premium and any amendment charges will be forfeited. The following cancellation fees expressed as a percentage of the total holiday cost payable by the person(s) cancelling (including extras such as lift passes, ski hire, lessons, private transfers; excluding insurance premiums and amendment charges) will become immediately payable to the Company.
|Period before departure
||Cancellation charge per person|
|More than 10 weeks||Deposit|
|Within 10 weeks||40%|
|Within 8 weeks||60%|
|Within 6 weeks||80%|
|Within 4 weeks||100%|
7. Changes and alterations by VIP SKI
Arrangements for holidays are made many months in advance, and changes can occur. We must reserve the right to make alterations to holiday and website details both before and after any booking has been confirmed. Most of these changes are minor and in all cases we will advise you or your travel agent of any changes at the earliest possible opportunity. If a significant change becomes necessary you will have the choice of: (i) accepting the change in arrangements; (ii) purchasing an alternative holiday from us and paying or receiving any price difference; or (iii) cancelling your holiday and receiving a prompt and full refund. A change in flight time, carrier, type of aircraft, or destination airport will not constitute a significant change. In all cases of a significant change, we will pay you compensation as detailed below except where the change is made as a result of unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even with all due care which include but are not limited to those circumstances set out in the ‘important note’ below. No compensation is payable in respect of minor changes and no other claim for compensation or expenses will be accepted.
Period before departure
Compensation for significant changes
|More than 10 weeks||nil|
|Between 4 and 10 weeks||£15|
|Between 2 and 4 weeks||£25|
|Less than 2 weeks||£30|
8. Important note
We regret that we cannot accept liability or pay compensation if we are forced to cancel, curtail or in any way change your holiday or if the performance or prompt performance of our contractual obligations is prevented or affected by circumstances amounting to ‘force majeure’. Such circumstances shall include, but are not limited to war, riot, civil strife, political dispute; industrial dispute (actual or threatened), terrorist activity (actual or threatened), natural or nuclear disaster, fire, technical problems with, machinery, transport or equipment, closure or congestion of airports or ports, border closures, adverse weather conditions and similar events beyond the Company’s control.
The flight timings, carriers, types of aircraft and resort transfer times shown on the VIP SKI website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. A change in flight, time, and carrier, type of aircraft or destination will not constitute a significant change to your holiday as detailed in paragraph 7 above. Specific instructions relating to travel arrangements will be sent via email with your travel tickets approximately one week prior to departure. The Company cannot give any guarantee of flight or ferry departure times or resort transfer times. We cannot accept any liability for delays in your flight or sailing to and from the UK whether the delay is caused by adverse weather conditions, rescheduling of times by the airline or sea carrier, the airport or port authorities and/or the action of air traffic controllers, mechanical breakdown, strike or industrial action, or otherwise. However, in certain circumstances you may be able to make a claim under the insurance policy arranged by us or with your own insurer. Notwithstanding the above, the Company and the carrier will make every effort to reduce the discomfort suffered by you as a result of the delay. When you travel with any carrier the conditions of that carrier will apply, some of which may limit or exclude their liability to you. The VIP SKI website is the responsibility of the Company. It is not published on behalf of and does not commit the airlines or ferry operator mentioned therein or any airline or ferry operator whose services are used in the course of your holiday.
10. Client liability
When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. The Company or its employees shall be entitled to recover from the Client the cost (estimated if not precisely known) of any loss or damage caused by the Client. The Client undertakes to behave in such a manner so as to not prejudice the Company’s reputation with the owners of its accommodation, its suppliers or other clients of the Company. If, in our reasonable opinion, or in the reasonable opinion of any other person in authority, 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 and the Company shall have no further contractual obligations towards such person(s) including with respect to any return travel arrangements. In addition, the breach of this clause by any one person in any one property booked may cause the Company to demand immediate vacation of the accommodation by every person named on the booking.
11. VIP SKI liability (other than for death/personal injury/illness)
We promise to make sure that the holiday which you book with us is supplied and the services performed or provided by us are performed or provided using reasonable skill and care. If any part of your holiday is not provided as promised, we will pay you appropriate compensation if this has affected the enjoyment of your holiday. Please note that it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. We accept responsibility for the acts/omissions of our employees, agents, suppliers and subcontractors where they were at the time acting within the course of their employment or carrying out work that we had asked them to do under their contract of agency or supply with the Company. In respect of the services provided by air or sea carriers our liability in all cases shall be limited in the manner provided by international conventions. In all cases (except where personal injury, illness, death, loss and/or damage to luggage or personal possessions results), our liability is limited to the relevant total holiday price of the person(s) affected. In the case of loss and/or damage to luggage or personal possessions (including money), the Company will not accept any liability as it is a condition of your booking (and therefore reasonably assumed by the Company) that you have taken out appropriate insurance to cover such loss and/or damage before travelling. Note: In the event that local restrictions or an injury or other enforced absence to one or more of our employees causes our normal service to be curtailed or restricted, this will not be accepted as cause for compensation claims. It is a condition of this acceptance of liability that you notify us of any claim in writing within 28 days of your return from holiday.
12. VIP SKI Liability for Death, Personal Injury and Illness
We accept responsibility should you suffer death, personal injury or illness as a result of any failure to perform or improper performance of any part of our contract with you by any of our employees, agents, suppliers or sub-contractors providing that they were at the time acting within the course of their employment or carrying out work that we had asked them to do under their contract of agency or supply with the Company. Please note we cannot accept liability: (i) where any failure to perform or improper performance was due to acts and/or omissions of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable; or (ii) for an event which either ourselves or the supplier of the service(s) in question could not have foreseen or forestalled even with all due care; or (iii) force majeure (as defined in clause 8 above). In addition, please note that in respect of all services provided by air and sea carriers and hotel keepers, our liability in all cases shall be limited as if we were carriers/hotel keepers within the relevant international conventions. It is however a condition of this acceptance of liability that you notify us of any claim in writing within 28 days of your return from holiday. In the event of any payment of compensation being made, you must assign VIP SKI and/or our insurers all rights you may have to pursue a claim against any third party and you must provide us and our insurers with all assistance we may reasonably require.
13. Legal assistance
If any client suffers death, illness or injury by misadventure whilst overseas arising out of activity which does not form part of the foreign inclusive holiday arrangement or excursion arranged through us, we shall, at our discretion offer advice, guidance and assistance to help you in resolving any claim you may make against a third party, provided we are advised of the incident within 90 days of occurrence. Where legal action is contemplated you must obtain our authorisation prior to commencement of proceedings and such authorisation will be subject to your undertaking to assign any costs recovered or any benefits received under the appropriate insurance policy to ourselves. Our costs in respect of the above assistance on behalf of you and your party shall not exceed £5000 in total.
14. Website information and accuracy
All reasonable care has been taken to ensure that the descriptions, facts or opinions on our website are correct to the best of our knowledge at the time of being published. Chalet plans and resort maps should only be used as an indication of layout. Scale and dimensions are subject to error and furniture and room arrangements are subject to change. Opinions expressed are personal to the authors and photographs only relate to a specific destination when specifically captioned. The client should bear in mind that in relation to the information given about the resorts and certain of the facilities available within resort, we cannot guarantee accuracy at all times or that any particular activity will take place as these services are not under our control.
Should a problem arise during your holiday please inform a member of VIP SKI staff and the supplier of the service concerned direct, as soon as possible, who will make every effort to correct the problem. If you fail to-do so you deprive us and our suppliers of the chance to investigate your complaint and to do our best to rectify any problems. If we are unable to resolve matters whilst you are on holiday and you remain dissatisfied, you must write to VIP SKI, Collingbourne House, 140-142 Wandsworth High Street, London SW18 4JJ, within 28 days of your return from holiday giving all relevant information. If you fail to follow this simple complaints procedure, your right to claim compensation will be affected or even lost and we regret that we cannot accept liability in respect of any complaints which are not notified entirely in accordance with this clause. Please note that our resort staff are not authorised to promise any refund in respect of a client’s claim and no such promises will be accepted by the Company.
These conditions and any contract to which they apply are governed in all respects by English Law and shall be subject to the exclusive jurisdiction of the courts of England and Wales.
It is a condition of booking that all clients have insurance which provides at least the same level of cover as the Company’s recommended policy as detailed on the VIP SKI website. Where you take out insurance with the Company’s recommended insurers, insurance premiums must be paid at the time of booking the holiday in order for cancellation cover to be effective. If you decide to purchase alternative insurance with more limited cover, the Company will not be liable for any costs you incur which would have been covered by the Company recommended insurance. You will further be responsible for paying to and indemnifying the Company for such sums the Company meets on your behalf.
Where you take out the insurance recommended by VIP SKI please read the following notes issued under the ABI Code of Practice carefully.
Important notice Under the Association of British Insurers General Business Code of Practice we have to bring to your attention some of the important features of your travel insurance policy.
Insurance Policy This contains full details of the cover provided plus the conditions and exclusions which apply to it. You must read the insurance policy carefully.
Conditions and Exclusions There are conditions and exclusions, which apply to individual sections and general conditions, exclusions and warranties, which apply to the whole policy.
Medical expenses Your policy does not provide private health treatment unless specifically approved by the emergency assistance service. You should carry an EHIC or equivalent and use this at state facilities when travelling within the European Union.
Health If you, or any other person travelling with you, have ever had treatment for any heart or circulatory condition, a stroke or high blood pressure, any breathing condition (including asthma), any type of cancer, any type of diabetes, any existing injury or other serious or reoccurring medical condition, any condition requiring long term prescribed medication or if you are receiving or awaiting investigation for any medical condition you must advise the Referral Helpline as per the policy terms to see if additional cover is available. Insurers reserve the right to impose terms. You will receive confirmation in writing of their decision.
Property Claims These are settled on an indemnity basis - not on a “new for old” or placement cost basis.
Policy Limits Most sections of the policy have limits on the amount the insurer will pay under that section. Some sections also include inner limits e.g. for any one item, or for valuables in total.
Policy Excesses Claims under most sections of the policy will be subject to an excess. Where there is an excess, you will be responsible for paying the first part of the claim.
Fraud The making of a fraudulent claim is a criminal offence. Your insurer may be recording details of claims on an anti-fraud register.
Reasonable Care You are required to take all reasonable care to protect yourself and your property and to act as though you are not insured.
Telling Us about Relevant Facts You must tell your Insurers or ourselves before you travel about anything which may affect your cover. This information must be complete and adequate. If you are not sure whether something is relevant you should tell us anyway. You should keep a record of any information you give us. If you do not tell your Insurers about something that may be relevant your cover may be refused and Insurers may not cover any related claims.
Complaints The insurance policy includes a Complaints Procedure which tells you what steps you can take if you wish to make a complaint.
Hazardous Holiday Activities The policy may not cover you when you take part in certain hazardous activities e.g. paragliding and you should check the terms of the policy carefully.
Law The contract will be subject to English Law unless otherwise agreed.
Claims and Queries
Should you have any queries regarding this insurance (including claims) they should be referred directly to Fogg Travel Insurance Services Ltd, Crow Hill Drive, Mansfield, NG19 7AE .Tel: 01623 631331 Fax: 01623 420450 Email firstname.lastname@example.org FSA Register reference is 307304. This can be checked at www.fsa.gov.uk/register.
PLEASE ENSURE YOU READ YOUR INSURANCE POLICY CAREFULLY.
Your continued custom is important to us, but we recognise that your privacy is even more important to you. We would like to keep you up to date with late availability, offers and ski-related news items which we feel may be of interest. If you do not wish to receive such information, please email email@example.com, call us on 0844 557 3119 or write to us.
Last edited 24.01.14