Booking Contract - Terms and conditions
In these terms and conditions the word "Organiser" means Bellerophon Management Limited trading as The European Gay Ski week, the entity which arranges your transfers, accommodation etc. and which offers it as a holiday. "Consumer" means you, the person who buys or agrees to buy the holiday or any person on whose behalf you agree to purchase the holiday and who is listed on the booking confirmation or any other person to whom you transfer a holiday you have bought.
1. The Contract
No contract shall arise until the Organiser has received the appropriate deposit or the full payment for the holiday and the Organiser has issued confirmation by email (the booking confirmation) of its acceptance to the Consumer. The terms of contract are contained solely in the Organiser’s booking confirmation, the Organiser’s web site’s terms and conditions and other descriptive material contained therein and the itinerary issued by the Organiser.
The Organiser reserves the right to terminate the contract if the behaviour or conduct of a Consumer either prior to or during a holiday is likely to endanger the safety or well being of other Consumers in his / her company or that of the Consumer him / her self and the cancellation charges as provided for in Clause 3 of these booking conditions are payable by the consumer, in addition there will be no right to a refund for the consumers holiday or any expenses incurred as a result of the termination.. Further, where, as a result of the Consumer’s actions or the actions of any other person who is listed on the booking record (excluding the Organiser) either or both of the following incidents occurs:
(a) there is a delay or diversion to the means of transportation the subject of this contract;
(b) the accommodation in which the Consumer is staying is damaged;
the Consumer hereby agrees to indemnify the Organiser against any claim (including legal costs) made against the Organiser in relation to the occurrence of such incidents.
2. Special Needs
It shall be the Consumer’s responsibility to disclose prior to booking to the Organiser any physical or mental condition of a member of his party that may be relevant. Consumers are required to complete and return the Organiser’s Special Needs Form detailing any special requirements that they may have as a consequence of any physical or mental condition. The Organiser reserves the right to decline to provide a holiday for a disabled person where in the Organiser’s opinion that holiday would be inconsistent with or inadequate to cater for the special needs of a disabled person.
3. Payment
If the consumer is booking at any time up to23.49 on the 18th December 2009 the consumer will be offered 2 payment options:-
1. Payment of a 5% deposit with the balance payable at any time up to the 23.59 on the 18th January.
2. Payment of a 5% deposit with the outstanding balance payable in 4 equal installments as follows:-
o 1st installment by 23.59 on the 3rd January2010
o 2nd installment by 23.59 on the 3rd February 2010
o 3rd installment by23.59 on the 18th February 2010
o 4th installment by 23.59 on 3rd March 2010
If the consumer is booking at any time after the 18th December 2010 but before the 19th January 2010 the consumer will be offered 3 payment options:-
1. Payment in full at the time of booking
2. Payment of a 50% deposit with the balance payable at any time up to the 23.59 on the 18th February 2010.
3. Payment of a 25% deposit with the outstanding balance payable in 3 equal installments as follows:-
o 1st installment by 23.59 on the 3rd February 2010
o 2nd installment by23.59 on the 18th February 2010
o 3rd installment by 23.59 on 3rd March 2010
If the consumer is booking at any time after the 18th January 2010 but before the 19th February the consumer will be offered 2 payment options:-
1. Payment in full at the time of booking
2. Payment of a 50% deposit with the balance payable at any time up to the 23.59 on the 18th February 2010.
If the consumer books at any time after the 18th February 2010 the consumer will have to pay the full amount at the time of booking.
With whichever payment option the consumer chooses, the consumer will receive his / her confirmation of booking only after the organiser has received in cleared funds the amount of the consumer’s first payment as stated on the booking request.
Reminders of payments due or demands for payments will not be issued.
If payments are not made according to the schedule set out on booking confirmation, the organiser shall have the option to cancel the holiday. If the Organiser exercises that option or if the Consumer cancels the holiday (which cancellation must be notified by email to the Organiser at the following email address info at egsw.eu (please replace the 'at' with @) the following cancellation charges are payable by the Consumer
-cancellation more than 60 days before your arrival date (before the 19th January 2010) = no cancellation fees.
-cancellation between 60 and 50 days before arrival (from the 19th January 2010 and the 29th January 2010 both days included): cancellation fees: 50% of the cost of your holiday.
-cancellation between 49 and 35 days before arrival ( from the 31st of January 2010 and the 13th February 2010 both days included) : cancellation fees: 70% of the cost of your holiday
- cancellation 34 days or less before arrival (from and including the 14th February 2010 included) : cancellation fees: 100% of the cost of your holiday.
All cancellation charges apply to each person covered by a booking.
Any insurance premium paid is not refundable.
If only part of the party wishes to cancel, this may mean that the accommodation booked will be under-occupied and result in the remainder of the party having to pay any applicable supplements to retain the booking. Cancellation of part of the party may make discounts (e.g. group discount) inapplicable resulting in a higher holiday cost for the remainder of the party.
4. Substitution
Where the Consumer is prevented from proceeding with the holiday, he may transfer his booking, having first given the Organiser notice in writing of his intention to do so. The transferee of the Consumer must accept these Booking Conditions and comply with any other requirements of the Organiser applicable to the holiday before the transfer can be completed.
A Consumer who transfers a holiday booking shall be jointly and severally liable with the transferee to the Organiser for payment of any balance due in respect of the package and for the substitution fee as follows:
Weeks before departure Substitution Fee
More than 10 weeks Free, no charge applies.
Within 10 weeks £25€ per person (50€ for substitution of the Group Leader)
Tickets issued 50€ per person (100€ for substitution of the Group Leader)
Insurance is not transferable.
5. Alteration by the Consumer
If the Consumer wishes to alter a holiday that has been confirmed, the Organiser may facilitate that change at its discretion, if practicable. If the alteration is impracticable the original holiday arrangement shall continue to apply. If only some of the consumers booked request a practicable change, a price adjustment for all consumers on the same booking may be payable. If default is made by the Consumer in complying with foregoing requirements, the Organiser shall have the right to cancel the holiday in accordance with Clause 3 and the cancellation charges as provided for in Clause 3 are payable by the Consumer.
6. Special Requests
Special requests (e.g. ground floor accommodation, adjacent rooms, etc.) shall be communicated by the Consumer in writing to the Organiser at the time of making the booking; The Organiser shall use reasonable endeavours to fulfill such requests. The granting of such requests is the sole responsibility of the property management. No guarantee is given to the consumer as to such special requests being fulfilled. No liability shall attach to the Organiser for failure to comply with a special request and such requests do not form part of the contract.
7. Alteration/Cancellation by the Organiser
Without prejudice to the consumer’s statutory rights:
(a) The Organiser reserves the right to alter, change, curtail or cancel a holiday.
(b) If as a consequence of "force majeure" (as hereinafter defined in subparagraph (f) of this clause), the Organiser is obliged to curtail, alter, extend or cancel a holiday, the consumer shall not be at liberty to maintain a claim for compensation or otherwise for any loss arising as a consequence of the said curtailment, alteration, extension or cancellation of the holiday. The organiser is not liable for any loss, damage, injury, claim or action arising out of such force majeure, or such curtailment, alteration, extension or cancellation of the holiday.
(c) The Organiser requires a specific minimum number of bookings to operate a specific programme of holidays. The Organiser’s obligation to provide that programme shall be contingent upon the Organiser receiving and maintaining that number of bookings. In the event that the Organiser does not receive the minimum number of bookings or having received such a minimum number, has that number reduced by reason of cancellation or transfers by Consumers or otherwise, the Organiser shall be entitled to cancel or curtail the relevant programme up to 4 weeks prior to the departure date and the Consumer shall not be entitled to make a claim for and the organiser shall not be liable for any loss, damage, injury or action arising as a consequence of cancellation or curtailment in these circumstances.
(d) If prior to the time of departure there is a cancellation, or a major change, such as a change of resort area, or a change of accommodation to a lower rating, the organiser shall, if practical, offer an alternative comparable holiday of at least similar standard or shall refund the consumer all monies paid. Unless within 7 days of issue of the offer of an alternative holiday it is declined by the Consumer by email, the Organiser shall assume that the Consumer has accepted such offer and the Consumer shall not be entitled to return of the payment made.
(e) Where the Organiser makes a major change in the holiday as contemplated in subparagraph (d) of this clause the Consumer shall be entitled to receive compensation in accordance to the scale set out in this sub-paragraph. No compensation shall be payable where the alteration is for reasons referred to in sub-paragraph (b) or (c) of this clause.
Weeks before departure Compensation
More than 8 weeks No Compensation
Within 8-6 weeks 10€ per person
Within 6-4 weeks 15€ per person
Within 4-2 weeks 20€ per person
Within 2 weeks 25€ per person
(f) In this contract, the term "force majeure" means Acts of God, natural disasters, adverse weather conditions. fire or other destruction of any vessel, craft or vehicle to be used in connection with a holiday, riots, acts of war, civil commotion, exercise of legislative, municipal, military or other authority, strikes industrial action, requisition of equipment, mechanical breakdown, shortage of fuel, insolvency or default of any carrier or service supplier connected with a holiday, fraud perpetrated against the Organiser or any other reason beyond the control of the Organiser.
8. Transfers
Transfer to and from the resort are by coach or mini-bus. The organizer accepts no liability for missed transfers due to the late arrival of flights or for missed flights due to the late arrival of the transfer at the airport.
9. Insurance
It is a condition of this contract that the Consumer has travel insurance. The insurance policy 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, legal expenses and winter sports. It is the responsibility of the Consumer to check that their insurance scheme provides the Consumer with their desired level of cover.
The Carre Neige insurance only covers accident and injury whilst on the piste; it is not a travel insurance policy.
10. Prices
All prices quoted are in Euros and the Sterling prices are guide prices only, based on an exchange rate of 1.00 = 1.10€ The Euro prices stated on the site shall not be increased by the Organiser.
11. Consumer’s Responsibilities
The Consumer shall check the confirmation of booking documentation immediately it is furnished to him. If the Consumer considers any item is incorrect or has any query in relation to the contents he shall forthwith notify the Organiser of his concern and the Organiser shall respond as soon as possible.
The Consumer is restricted by regulation of carriers and executive authority with regard to weight, type and contents of baggage which he may take on board any vehicles which will be used in connection with the holiday.
The Consumer hereby agrees that he shall abide by all instructions or directions given by a member of the Organiser’s staff or any crew member of a vehicle used in connection with the holiday and hereby agrees to indemnify the Organiser against any loss or injury suffered or incurred by any other person as a consequence of the Consumers failure to act in accordance with any such direction or instruction.
12. Liability
The Organiser shall not be liable for any damage caused to the Consumer by the failure to perform the contract or the improper performance of the contract where the failure or the improper performance is due neither to any fault of the Organiser nor to that of another supplier of services because:
(a) the failures which occur in the performance of the contract are attributable to the Consumer;
(b) such failures are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseen or unavoidable; or
(c) such failures are due to (i) unusual and unforeseeable circumstances beyond the control of the Organiser or other supplier of services, the consequences of which could not have been avoided even if all due care had been exercised; or (ii) an event which the Organiser or the supplier of the services, even with all due care, could not foresee or forestall.
In the case of damage other than death or personal injury or damage caused by defamation or by the willful misconduct or gross negligence of the Organiser the amount of compensation which will be paid to the Consumer will be limited to, in the case of an adult an amount equal to double the inclusive price of the holiday payable to the Organiser, to the adult concerned and in the case of a minor an amount equal to the inclusive price of the holiday payable to the Organiser, to the minor concerned. The Organiser’s liability will not exceed any limitation applicable under any international convention governing or relating to the provision of the service complained of, even if that convention has not been ratified or applied in the United Kingdom.
13. Complaints
If the Consumer wishes to make a complaint in relation to a holiday, he must immediately inform the Organiser’s representative at the location where the consumer is when the complaint arises and shall, if the Organiser requires, complete a form setting out in detail the Consumer complaint. If the Consumer fails to comply with such requirement, the Organiser shall be entitled to recover the cost from the Consumer of any additional expense incurred by it in carrying out any subsequent investigation of a complaint which is found to be unjustified.
In addition, the Consumer shall be obliged to confirm in writing to the Organiser any complaint within 28 days after his return to the port of departure or termination of the holiday whichever is the earlier.
14. Governing Law
The contract arising from any confirmed holiday booking is to be interpreted under and is subject to, the laws of the United Kingdom
16. Statutory Rights
Your statutory rights are not affected.