Made to Measure Holidays Ltd Booking Conditions |
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Please read these Terms & Conditions carefully. They contain important information about your holiday contract. |
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1. CONTRACT AND FINANCIAL PROTECTIONMade to Measure Ski is a trading name of Western & Oriental Travel Limited, part of the Western & Oriental group, referred to as ‘we’ in this contract. Your contract is with Western & Oriental Travel Limited, for your financial protection when you buy an ATOL protected air holiday package from us you will receive a confirmation invoice from us (or via our authorised agent through which you booked) confirming your arrangements and your protection under our Air Travel Organiser’s Licence number 6094. 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 at www.atol.org.uk.
A contract will exist when the booking has been confirmed orally or in writing with you or your travel agent and you have paid a non-refundable deposit. When you make a booking you guarantee that you have the authority to accept, and do accept, on behalf of your party the terms of these booking conditions and you must complete a booking form. It is essential that you check the travel details on the confirmation invoice and inform us immediately of any errors. The party leader also guarantees that all adult members of the party have read the information in the “Know Before You Book – Please Read” document send to you and ensured that such information is noted on behalf of any children in the party. 2. PAYMENT FOR YOUR HOLIDAYA deposit of £250 per person is required at the time of booking. Please note that a larger deposit may be required for certain holidays – this will be clearly notified to you prior to you booking your holiday. The balance is due 70 days prior to departure. If the booking is made less than 70 days before departure, the full amount is due on booking. If you choose to pay your deposit or balance by credit card, a 2.5% charge will be levied to cover card merchant costs.
If any balance remains unpaid, travel documentation will not be issued and we reserve the right to treat your booking as cancelled and apply the cancellation charge set out below. Final travel documents will usually be sent out approximately 2 weeks before departure. All money paid to a travel agent will be held by the agent on our behalf. Payment must be in the currency of the invoice and you are responsible for bank charges. 3. COMMUNICATIONWhen you book directly, all communications from us to you will be sent to the postal or email address stated by you on the booking form. If you book via a travel agent all communications from us to you will be sent to your travel agent. 4. BOOKING ACCURACYIt is essential that you and/or your travel agent check all the details shown on the booking form and confirmation invoice carefully to ensure that they are correct. In the event of any discrepancy, please contact your travel agent or us immediately 5. BROCHURE OR WEBSITE VALIDITYAll information contained in our brochure and on our website is based on information available at the time of publication. However, advertised facilities may change and therefore changes may be made to the particulars contained in the brochure or on the website at any time before you book. In these circumstances, we will notify you of such changes prior to confirmation of your booking, where they are known at that time. 6. PRICESWe will only increase the price of your travel arrangements after you have booked in very limited circumstances to reflect increases in transportation costs (including fuel and airfares), dues, taxes (including VAT), fees chargeable for services (including landing taxes and embarkation and disembarkation and security fees at airports), Government action or exchange rate variation. If the surcharge would increase the cost of your holiday by 10% or more, you may cancel and receive a full refund (except insurance premiums). We will, in any event, absorb the first 2% of any increase. No surcharges will be made within 30 days of departure. As we have a very diverse range of products purchased at different times, we will inform you of the purchasing exchange rate if any surcharge is due to adverse currency fluctuation. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date of your final invoice. 7. AMENDMENT AND CANCELLATION BY YOU(A) AMENDMENTWe will do our best to assist you in altering your arrangements after booking but cannot guarantee this will be possible. If alterations can be made you will be responsible for all extra charges and costs and we will charge, per person, a £50 administration fee plus any applicable charges levied by our suppliers. We also reserve the right to treat any amendment less than 10 weeks prior to departure as a cancellation and apply the cancellation charges set out below. Note certain travel arrangements may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge up to 100% of that part of the arrangement. (B) CANCELLATIONYou, or any member of your party, may cancel your holiday at any time providing that the cancellation is made by you in writing or (where applicable) by your travel agent in writing. The following cancellation charges will apply:
More than 70 Forfeit deposit 50 - 69 50% (except departures 24 Dec - 02 Jan-75%) 36 – 49 70% (except departures 24 Dec - 02 Jan-75%) 0 - 35 100% Please note that these charges will also be applicable in the event that you wish to cancel due to weather conditions or piste closure. We strongly recommend that you obtain insurance to cover these circumstances. In addition, if one or more members of your party cancel, this may result in the accommodation originally booked being under-occupied. In this circumstance, the holiday price for the remaining members of your party may be increased accordingly. Note: If your reason for cancellation is covered under the terms of an insurance policy, you may be able to reclaim these charges (less any excess). Should you wish to curtail any arrangement, or change itinerary during the course of your holiday then any extra cost shall be borne by you and paid for locally. 8. AMENDMENT AND CANCELLATION BY US(A) AMENDMENTSIt is occasionally necessary for us to make changes to your travel arrangements and we reserve the right to do so at any time . If the change is minor we will do our best to notify you in advance but are not obliged to do so and no compensation is payable. If the change is major (for example, a change of flight time by more than 12 hours, change of destination or to a lower standard of accommodation), we will notify you as soon as practically possible and offer you the choice of (i) accepting alternative arrangements or (ii) arranging an alternative holiday with us or (iii) cancelling your holiday. Whichever option you chose we will pay you compensation unless the change has been caused by force majeure or low bookings as defined below.
Days before departure compensation per person 43 or more Nil 29 – 42 £10 15 – 28 £30 0 –14 £40 (B) CHANGES DURING THE HOLIDAYIf we are unable to provide a significant proportion of your holiday whilst you are away, suitable alternative arrangements will be made for you at no extra cost or, alternatively, you will be returned to your point of departure and given a pro-rata refund for any part of the holiday not received. This does not apply to minor changes in your accommodation, itinerary or transportation. (C) CANCELLATION BY USWhilst we hope we will never have to cancel your holiday, this does very occasionally happen and we reserve the right to do so. We will do our best to offer alternative arrangements of a comparable or better standard, together with a price refund if appropriate, or will give you a full and prompt refund. In addition in the event of cancellation we offer compensation on the scale shown in paragraph (A). (D) FORCE MAJEURECompensation will not be payable in any cases where an amendment, change or cancellation is due to “force majeure”, this means if we have to cancel or change your holiday in any way because of unusual or unforeseeable circumstances beyond our control. These can include (but are not limited to) war or threat of war; riot; civil strife; hostilities; political unrest; government action; industrial dispute; natural or other disaster; nuclear incident; terrorist activity and its consequences; weather conditions; closure of airports; fire; flood, drought, and all similar events. Please note that references to ‘change’ and ‘major change’ in this clause relate to your travel arrangements and holiday accommodation and do not include other facilities at your resort, which are not within our control such as ski lifts and piste. Please note the advice given in our ‘Know Before You Book. Please Read’ document on availability of facilities and the limitations on our liability in clause 10 below. 9. DELAYS(i) Delays or changes in travel arrangements sometimes arise due to operational reasons, weather conditions or other reasons of force majeure (defined above). We cannot pay you any compensation in these circumstances and our cancellation charges set out in clause 7 will apply if you cancel as a result of delay. (ii) If for reasons of force majeure (defined above) such as adverse weather conditions it is necessary to end your holiday early or make alternative travel arrangements or you miss your flight and require additional accommodation we will not be able to make any refund or pay compensation to you. 10. OUR RESPONSIBILITIES TO YOU(i) We accept responsibility for ensuring that your holiday is supplied to a reasonable standard and in accordance with your contract with us. If any part of your holiday is not provided as promised, due to the fault of our employees, agents or suppliers we will pay you appropriate compensation if this has affected the enjoyment of your holiday. Subject to paragraph (ii) below our liability in all cases shall be limited to a maximum of 2 times the costs of your holiday. (ii) We cannot accept responsibility or compensate you for any damage or loss caused to you if we fail to provide your holiday at all or in accordance with our contact because: a) the failures which occur are your fault b) the failures are the fault of a third party not connected with the provision of the holiday and are unforeseeable or unavoidable by us c) the failures arise due to reasons of unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised. d) the failures arise due to an event which we or any person supplying services in accordance with the contract could not foresee or forestall (iii) Skiing and Snowboarding can be affected by weather conditions. Lack of snow or excessive snow may lead to piste or even resort closure . These are matters beyond our control and you should ensure that you have insurance to cover cancellation or curtailment of your holiday arising from piste or resort closure due to weather conditions. We will not be liable for any loss, delay or costs associated with or caused by adverse weather conditions, including blocked road or rail routes, airline delays or closed airports. If, due to force majeure (defined above), you miss your flight and you require additional accommodation, we will not be responsible for this cost. (iv) We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, our suppliers and sub-contractors, whilst acting within the scope of, or in the course of their employment in the provision of your holiday. We will accordingly pay to you such damages as might have been awarded in such circumstances under English Law. (iv) Items such as lift passes, lessons or similar additional services are provided by other parties rather than us whether pre-booked by UK reservation staff. Any bookings or other arrangements made for these services will be subject to the supplier’s own terms and conditions. We can supply copies of the terms and conditions of such suppliers upon request. (v) In respect of travel by air, sea and rail, and the provision of accommodation our liability will be limited in the manner provided by the relevant international convention. 11. YOUR RESPONSIBILITIES TO US(a) If you have any complaint or problem whilst on holiday you must inform us or the supplier as soon as possible to give us the maximum opportunity to rectify it. Any unresolved complaints must be notified to us in writing within 28 days of your return. In the event that you do not tell us within that period, this may affect our ability to investigate the complaint and may impact on the way your complaint is dealt with. (b) It is your responsibility to ensure that all necessary passport, visa, vaccination and other health documents are in order. (c) It is your responsibility to arrange suitable personal travel insurance cover. We can provide you with details of a suitable policy. If you decide not to take this, you must provide us with details of your own cover before departure, including the name of the insurer and policy number. We reserve the right not to issue travel documents in the absence of this information. 12. SPECIAL REQUESTSWhilst we will endeavour to comply with any special requests such as airline seating, diets, room requirements, we can only do so on a “goodwill” basis. As these are usually only provided at the discretion of the relevant supplier, we cannot guarantee availability and cannot be held responsible if they are not provided. 13. EXCURSIONS AND ACTIVITIESWe are only responsible for excursions and activities sold by us and which form part of your holiday contract. 14. JURISDICTIONThis contract is governed by English Law and is subject to the exclusive jurisdiction of the courts of England and Wales.
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