Terms and Conditions
Our terms and conditions:
All bookings accepted by Undiscovered Alps Ltd are subject to the following terms and conditions. No variation shall be of any effect unless in writing and by the authority of Undiscovered Alps Ltd. Your contract will either be with us or with another supplier of travel services and this will depend on the type of arrangements you book:
Your contract will be with us if we arrange at least two or more of the following services when the services are taken together at an all inclusive price and also either cover a period of more than 24 hours or include overnight accommodation:- (a) transport; (b) accommodation; and (c) other tourist services not ancillary to transport or accommodation which account for a significant part of the arrangements. But we will need to be aware that you have made more than one arrangement with us. For all other arrangements, we are the Booking Agent for a number of suppliers. Your contract will be with the supplier and we accept no responsibility for their actions or omissions. Copies of the conditions of your contract with your supplier are available on request from us and we recommend that you ask for them and read them before you book so that you are aware of how they may affect your booking.
1. Jurisdiction. This contract is made on the terms of these booking conditions and is governed by English Law and it is agreed that both parties shall submit to the jurisdiction of English Courts at all times.
2. Contract. Each contract shall have a lead name who is called the client, whether a booking is for one or more persons.
When booking a holiday, the lead name must sign a booking form accepting on behalf of the party the terms of these conditions of booking and pay the appropriate deposit shown on the booking form per person for all holidays.
The deposit paid in respect of each holiday is accepted as a first instalment of the charge. The receipt or banking of a deposit or the making of a provisional reservation does not imply final acceptance of the booking; neither is a verbal quotation confirmation of final cost. If a booking cannot be accepted, notification and refund of any deposit will be sent as soon as possible.
If accepted a confirmation invoice will be forwarded to you normally within 2 weeks of receipt of your signed booking form. The contract is made between us when we send this confirmation.
For parties of less than 15 people, the deposit will be 25% of the total holiday price for the party.
For parties of 15 or more people the initial deposit will be 20% of the holiday price per paying party member with a second deposit of another 20% of the holiday price per paying party member due 8 weeks after the confirmation of booking.
3. Payment. Full payment, less any previously paid deposit monies, must reach Undiscovered Alps Ltd not less than 6 weeks prior to the departure date shown on the booking form. The lead name is liable for full payment for all persons for whom the original booking was made. The lead name is also responsible for all monies relating to any additional persons Undiscovered Alps Ltd was subsequently asked to book and in respect of whom Undiscovered Alps Ltd issued a confirmation invoice.
If you book within the balance due period you must pay the full holiday price at the time of booking. If the balance is not paid in time we reserve the right to cancel your holiday, retain your deposit and apply cancellation charges as set out in paragraph 4.
Debit and credit cards: For your convenience, when you pay your deposit by debit or credit card we will automatically take the balance when it is due. For this reason, we will only accept a card payment from one person per booking. Where payments are made by credit or debit card, any refund will be made through the cardholder's account and not by cheque.
Please note that we impose a 3% surcharge in respect of all payments you make by credit or debit card.
4. Cancellation. Should you, or any member of your party, be forced to cancel your holiday booking you must do so in writing and this letter must be signed by the person who signed the booking form. A cancellation will take effect from the date that written notice is received at our office. All such cancellations will be subject to a charge of a percentage of the total holiday price, and the following scale indicates the maximum which will be charged in any circumstance.
|
No days before arrival date
|
Cancellation Charge |
| More than 42 days |
Deposit |
| 42 - 29 days |
45% |
| 28 - 15 days |
60% |
| 14 days or less |
80% |
| Day of arrival or later |
100% |
Note: If the reason for cancellation is covered under the terms of your holiday insurance policy you may be able to reclaim these charges. Cancellation charges are exclusive of holiday insurance premiums.
5. Cancellation by Undiscovered Alps Ltd. We make every endeavour to operate all of our holidays. However, we reserve the right to cancel your holiday if, for reasons of safety or force majeure or unforeseen circumstance, we deem it would be inappropriate for us to accept you in the resort.
We will always offer an alternative holiday based on the one booked.
Except for the above reasons we guarantee not to cancel your holiday less than 6 weeks prior to your departure date, unless you default in payment of an outstanding balance. If we do have to cancel your holiday and cannot offer an equal alternative you will receive a full refund of monies paid to date excluding any monies paid for insurance policies.
Cancellation of individual activities, are subject to the special conditions outlined in clause 8.
Force majeure means unusual and unforeseeable circumstances beyond our control, the consequences of which neither we nor our suppliers could avoid, examples of which are war or threat of war, riots, civil strife, terrorist activities, industrial disputes, natural or nuclear disaster, fire or adverse weather conditions, level of water in rivers or other similar events beyond our control.
6. Alteration by the client. Undiscovered Alps Ltd will do all it can to comply with any changes or alterations made to the original contract provided that written notification is received at our offices from the person who signed the booking form, not later than the date on which balance of the original holiday price is due for payment. However, Undiscovered Alps Ltd cannot guarantee that these will always be possible. If we can change or alter your booking a minimum administration charge of £30 per person per booking may apply. Any change or alteration made within 6 weeks of the departure date may be treated as a cancellation and the above cancellation charges will apply.
If after your booking has been confirmed you are unavoidably prevented from proceeding and wish to transfer your confirmed booking to another person, you can do so, provided that this is not later than 30 days before departure. You, as transferor of the holiday, and the transferee shall be jointly and severally liable to us for the payment of the balance due, together with all additional charges of whatever sort imposed by the suppliers providing component parts of your holiday. You will also be required to pay an administration fee of up to £30 per person.
7. Alteration by Undiscovered Alps Ltd. Holiday arrangements are booked well in advance and things can change over time. In the unlikely event that we need to alter any arrangements made on your behalf we will notify you immediately. We reserve the right to make minor changes and alterations to your activities subject to clause 8 (see below) without prejudicing the contract. A minor alteration is any alteration apart from a major alteration. A major alteration is an alteration which involves changing your tour or time of departure by more than 6 hours, offering accommodation with a lower rating, or changing your resort. In the case of major changes you will have the opportunity to accept the changes, purchase another holiday from us (in this case either paying or receiving any price difference due) or canceling your holiday and receiving a prompt and full refund. No compensation will be payable and no other claim for compensation or expenses will be accepted.
8. Cancellation or alteration of activities by Undiscovered Alps Ltd: Wherever possible we will endeavour to deliver all the activities you have booked through us. However, sometimes it is necessary to cancel or alter activities due to insufficient numbers, maintenance or operational reasons, on grounds of health and safety or due to inappropriate climatic conditions.
For snow activities, we do not offer a snow guarantee. We will make every effort to provide alternative activities for you, the cost of which is borne by you, the client. No refund, claim for compensation or expenses incurred as a result of snow activities cancelled due to lack of snow or closure of lifts, will be accepted. We advise you to purchase a snow guarantee in your travel insurance. We are happy to provide documentary evidence of cancelled snow activities due to lack of snow or lift closures for your insurers, if necessary.
If it is necessary to cancel a non-snow activity, we will, where possible offer you the opportunity to do the activity on a different day or if that is not possible, to change it for another activity (subject to availability), to which any additional cost is borne by you, the client. If, in the unlikely event we have to cancel any of your activities and can’t find you an alternative we will offer you a refund equivalent to the cost price charged by our activity provider for that activity.
For alterations to routes and itineraries, eg cycling or walking routes, or the order of activities on your itinerary, no refund or compensation and no claim for compensation or expenses incurred will be accepted.
Maintenance or operational reasons means where routine or emergency maintenance or repair work is being done, which may prevent an activity taking place. For example footpath restoration may prohibit mountain bikers and walkers from using a particular path.
Inappropriate climatic conditions means that the prevailing weather makes the activity dangerous or impossible, for example high winds are dangerous for paragliders, high water levels make some canyons dangerous and it is not possible to go rafting if the river levels are very low (this is not an exhaustive list, merely examples). We always accept the opinion of our activity providers and guides on the feasibility of activities due to weather and health and safety on the day.
For reasons of health and safety we reserve the right to alter or cancel all or some of your activities if we deem you are acting irresponsibly or dangerously and you pose a risk to the health or safety of other members of the group or to yourself. No compensation will be payable and no other claim for compensation or expenses will be accepted under these circumstances.
9. Insurance. Undiscovered Alps Ltd cannot accept booking without travel insurance. Where the insurance is purchased through Undiscovered Alps Ltd we will issue the documents on confirmation of the booking. Where insurance is not purchased through Undiscovered Alps Ltd we require the client to notify us on the booking form that all persons travelling have appropriate insurance and no booking can be accepted without this confirmation. In some circumstances we may need to see a copy of clients’ own insurance cover. In the event of personal injury, death, illness, loss of baggage or personal possessions Undiscovered Alps Ltd cannot accept any responsibility as it is the client’s responsibility to ensure that all persons travelling have the appropriate insurance cover for these and the activities to be undertaken. In addition to appropriate insurance we strongly advise you to obtain Form E111 (Reciprocal Health Arrangements) available from Post Offices to facilitate speedy medical care in the event of injury or illness.
10. Passports, visas and health requirements. It is the client’s responsibility to ensure that valid travel documentation is provided for all persons named on the booking form. Undiscovered Alps Ltd cannot be responsible for failure of either EU or non-EU passport holders to obtain the appropriate documentation for travel to France. Undiscovered Alps Ltd cannot be responsible for failure of the appropriate immigration service to allow entry into France of any person named on the booking form neither can Undiscovered Alps Ltd be responsible for failure of persons named on the booking from to comply with any health entry requirements.
11. Complaints. Any problem or reasonable complaint should be reported in resort not more than 24 hours after the problem first arose. We will then make every effort to resolve the problem. If you do not tell us we cannot do anything either in resort or after your return from holiday. If the complaint is not resolved to mutual satisfaction you must inform us in writing to reach Undiscovered Alps Ltd head office not more than 28 days after the return date of the holiday, giving all relevant information. We regret that we cannot accept liability for any complaint which is not notified to us in accordance with the above.
12. Conditions of Suppliers. Undiscovered Alps Ltd is acting as a commercial agent for the suppliers of many of the accommodation, activity and transport elements of your holiday. These suppliers provide their 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, and may affect your rights to compensation. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned. The web site is our responsibility, as your tour operator. It is not issued
on behalf of, and does not commit any independent organisations/ suppliers/ carriers whose services are featured in it.
The accommodation, activities and transport is for the sole use of those persons named on the booking form and for whom it has been reserved. No sub-letting, sharing or assignment is permitted.
12.1 Accommodation. If you or any of your party do not take up your accommodation within 24 hours of the date of arrival shown on your confirmation, it will be offered for re-letting.
All accommodation gradings and classifications are those provided by the relevant organisations in France.
12.2. Travel and Transport. Tickets for travel of any kind whatsoever, whether by land or sea, are issued subject to the conditions and regulations published in the timetable, books or other notices of the persons, companies or authorities undertaking such transport. There is no guarantee that trains or ferries will depart at the time specified, and we do not have any liability to you for any delay which may arise. Where such delay does arise, we will use our best endeavours to arrange for the transport provider to provide appropriate meals, etc, but we ourselves will not make any such provision.
13. Rights of admission. Undiscovered Alps Ltd reserve the unconditional right to refuse a booking or to debar a person from a holiday in the event of conduct which in our reasonable opinion is likely to cause distress, damage or annoyance to guests, employees, property or to any third party. This includes any guest who fails to advise us of a medical condition or of a disability which prevents their full participation in a holiday programme. If we are not informed in this way we cannot be held responsible for any inconvenience or costs incurred by you and this may include our refusal to complete your holiday arrangements. Cancellation charges of 100% would apply in these circumstances. Smoking is not allowed on any Undiscovered Alps Ltd car, minibus or coach. If you ignore this condition, you may be asked to leave the holiday.
14. Damage and behaviour by the client. All damages and breakages by guests must be paid for before you leave the resort. The guest undertakes to behave in a reasonable manner and in accordance with local law so as not to disturb or disrupt the enjoyment of other holiday makers or in any way damage the reputation of Undiscovered ALps Ltd, the owners of accommodation or Undiscovered Alps Ltd suppliers.
15. Parental responsibility. Parents or guardians undertake to accept full responsibility and supervision of and for their children at all times.
16. Prices. We make every effort to give you an accurate price for the holiday you book. We reserve the right to increase the advertised price of your holiday at any time prior to a booking being accepted and confirmed by us. The correct holiday price will be confirmed at the time of booking.
Once your holiday has been booked we reserve the right to levy surcharges in the event of UK, France or EU government action, in the event of adverse exchange rates or to cover increases in transportation costs, including the costs of fuel, dues, toll fees or taxes. Where a surcharge is payable, there will be an administration fee of 50p per person, together with an amount to cover agents' commission. If this means paying more than 10% on the holiday price, you will be entitled to cancel your holiday with a full refund of all monies paid except for any premium paid to us for holiday insurance and amendment charges. Should you decide to cancel, you must exercise your right to do so within 14 days from the issue date printed on the confirmation invoice.
No increase will take place unless the overall effect is to increase the price by more than 2%.
17. Website. We make extensive efforts to ensure the accuracy of our website and confirm that the information contained in it is correct to the best of our knowledge at the time of publication.
Plans and piste maps should only be used as an indication. In the case of ski lifts we cannot guarantee that every lift will be open as this decision is based on safety considerations and is at the sole discretion of the lift companies. We will make every effort to offer an alternative, the cost of which is borne by the client. Please see clause 8 for details on cancellation or alteration of activities.
Occasionally, due to insufficient numbers, weather, safety, operational, or maintenance reasons advertised activities may be unavailable.
18A Undiscovered Alps Ltd liability
Where we act as Booking Agent, you accept that you and all other persons on the booking are contractually bound to the holiday supplier’s in accordance with the holiday supplier’s booking conditions. You acknowledge that your contract of the travel arrangements is with the holiday supplier and that, unless otherwise stated, Undiscovered Alps Ltd is purely as a commercial agent to the supplier of your holiday.
18B Undiscovered Alps Ltd liability.
(1) Except where we are a Booking Agent, we promise to make sure that the tour arrangements we have agreed to make, perform or provide as applicable as part of our contract with the group organiser are made, performed or provided with reasonable skill and care. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
(2) We will not 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 :-
- the act(s) and/or omission(s) of the person(s) affected or any third party not connected with the provision of your holiday
- An event which was unforeseeable or unavoidable or
- ‘force majeure’ as defined above.
(3) Notwithstanding when we act as a Booking Agent 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 included in the cost of your itinerary and we have not agreed to arrange them, and any excursion you purchase whilst overseas. In addition, regardless of any wording used by us on our website, in any of our brochures, application pack or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
(4) 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 be 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 group member to refuse to take the tour in question.
(5) As set out in these Booking Conditions we limit the maximum amount we may have to pay you for any claims you may make against us.
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 £1,000 per person affected unless a lower limitation applies to your claim under this clause.
For all other claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your tour.
(6) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or 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 or regulation which applies to the travel arrangements or hotel stay in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2202 for national and international travel by air and the Athens convention for international travel by sea), the Berne Convention 1961, the Geneva Convention 1973 and the Paris Convention 1962.
Please note: Where a carrier or hotel would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. 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. Copies of the applicable International Conventions and Regulations are available from us on request.
Finally, it is a condition precedent of such acceptance of liability that you follow the procedures for the notification of complaints set out in clause 11.
Other than as set out above, and as is detailed elsewhere in these conditions of booking, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of any holiday arrangements booked with us.
19. Legal assistance. If any client suffers death, illness or injury by misadventure whilst overseas, arising out of activities which do not constitute part of the holiday arrangements, we will, at our discretion, offer advice, guidance and assistance to help in resolving any claim you might make against a third party. In this instance we must be informed in writing to our registered address no later than 28 days after the occurrence of such incident and we reserve the right to reclaim the appropriate costs from you, your insurance or costs recovered in such an action.
20.Data Protection
Please be assured that we have measures in place to protect the personal booking information held by us. This information will be passed on to the principal and to the relevant suppliers of your travel arrangements. The information may also be provided to public authorities such as customs or immigration if required by them, or as required by law. Certain information may also be passed to security or credit checking companies. We will only pass your information on to persons responsible for your travel arrangements. This applies to any sensitive information that you give us such as details of any disabilities or dietary / religious requirements. If we cannot pass this information to the relevant suppliers we maybe unable to provide your booking. In making this booking you consent to this information being passed on to the relevant persons.
