1. Collett’s Mountain Holidays is the trading name of Collett’s Ltd., hereafter ‘the company’.
2. There is no binding contract between the company and the person booking the holiday and those included in the booking, hereafter ‘the Client’, until:
a) the Company booking form has been completed and signed by or on behalf of the Client.
b) the appropriate deposit of £75 per person has been received by the Company; and,
c) the booking has been confirmed by the Company in writing.
3. The balance of the holiday price including appropriate insurance premiums should be paid eight weeks prior to departure. If a holiday is booked less than eight weeks before the departure date, the full holiday price is due immediately on completion of the booking. The price of your holiday is fully guaranteed and will not be subject to any surcharges. All prices quoted are fully inclusive of non optional charges.
4. The Company may cancel the booking any time prior to the ‘balance due’ date, but will only do so after that date if:
a) monies from the Client are still due; or
b) reasons amounting to ‘Force Majeure’ outside the company’s control render cancellation to be in the interest of the Client, for example natural disaster, inclement weather, war, political unrest, riots, strikes and disease. In such cases, other than where monies from the Client are still due, any monies received by the Company in respect of the cancelled booking will be refunded to the Client and the Company will not have any further liability to the Client.
5. In the event of the Client cancelling the holiday of any person or persons on the booking form, the Company will apply the following cancellation charges for each such person:
More than 42 days before the holiday departure date – Deposit only.
Between 42 and 31 days before holiday departure date – 40% of total holiday price.
Between 30 and 15 days before holiday departure date – 50% of total holiday price.
Between 14 and 0 days before holiday departure date – 100% of total holiday price.
6. Cancellations must be made in writing and sent to the Company’s office. Cancellation charges apply from the date of arrival of the cancellation letter at the Company’s office. Insurance premiums are nonrefundable and non-transferable. Cancellation charges will not apply in the event of a person or persons being substituted on the booking by the same number of persons cancelled.
7. Any specific requests by the Client, such as matters concerning diet or allergies, must be advised to the Company on the booking form. Whilst endeavouring to fulfill all specific requests, the Company is not liable to the Client if it fails to do so.
8. Save as set out in Condition 9 below, the Company’s liability to the client in all cases in respect of any booking is limited to a maximum of twice the booking price (excluding insurance premiums) of the person affected in total. Also the Client is assumed to have taken out adequate travel insurance prior to departure on holiday, the Company will in no circumstances be liable to the Client for any damage or loss to any luggage or other property of the Client caused by a party other than the Company, its employees, sub-contractors, suppliers or agents.
9. The Company will not accept liability for any fatal or other injury or illness suffered by the Client save for negligent acts and/or omissions of the Company’s employees, suppliers, sub-contractors, servants or agents providing that they were at the time carrying out work authorised by the Company and the claim does not arise by acts or omissions of the Client or those of a third party not connected with the Client’s holiday and which were unforeseeable or unavoidable or an event which the Company or the supplier of the service could not have foreseen or avoided even with all due care.
10. Subject to conditions 8 and 9 above, the Company will not accept liability for the operations or omissions of any facility or company in the vicinity of Arabba & Pedraces, hereafter ‘the resort’, even if advertised or recommended by the Company.
11. The person signing the booking form warrants with the Company that he/she has the authority of all persons named thereon to contract on their behalf the services requested on the Booking Form.
12. It is the responsibility of the Client to check the accuracy of all documentation.
13. The Client will ensure that he/she has adequate travel insurance or other insurances and is insured for third party liability for injury and damage to the extent indicated in the Company’s recommended Insurance Policy.
14. Clients are liable for all damage caused by their actions or the actions of children for whom they are responsible. Reimbursement of any damage caused by the client must be paid to the Company’s representative in the resort. The person who signed the booking form is liable in the first instance for claims against any persons named on that same form.
15. The Client has sole responsibility for travel arrangements to and from resort even if he/she has used the Company as an agent when procuring travel products (e.g. car hire and travel tickets).
16. In the unlikely event of any dissatisfaction with the accommodation or any of the services provided during the holiday, the matter must be reported immediately to the Company’s resort manager so that action can be taken by the Company. Unless the opportunity for rectification of complaints is given to a representative of the Company whilst the client is in the resort, the Company will not accept responsibility at a later date. If the Company is unable to resolve the problem satisfactorily during the Client’s stay, the Client should admit his/her complaint in writing to the Company at the Company’s office within 28 days of the scheduled date of return from the holiday, advising the Company of the action taken and the names of the people to whom the matter was reported. The company will not accept liability for complaints made outside this period. Moreover, the Company will not accept liability for complaints unless a report form has been obtained from the resort manager by the Client, and then completed and signed by both parties.
17. Bedrooms and self-catering apartments are allocated by the Company in line with its ‘Arrive Anyday, Depart Anyday’ policy. The Company will not accept liability for complaints based on one bedroom (or apartment) being deemed less attractive than another on account of its size, views, character and location. The provision of a bedroom with a balcony will only be guaranteed if a balcony is requested verbally at the time of booking by the Client, then, if available, in writing on the booking form and finally confirmed in writing by the Company.
18. Disputes arising out of, or in connection with, this contract which cannot be amicably settled may be referred to arbitration, if the customer so wishes, under a special Scheme arranged by the Association of British Travel Agents, and administered independently by 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. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com). 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 in respect of physical injury or illness or their consequences. The Scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element. The application for arbitration and Statement of Claim must be received by the Chartered Institute of Arbitrators within nine months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still be available if the company agrees, but the ABTA Code does not require such agreement.
19. The Company makes every effort to give accurate information in its brochures and cannot be liable to the Client in the event of changes, which occur after the brochure went to print, namely 20th October 2007. The Company is ‘financially secure’ in that all holiday payments are guaranteed by the ABTA scheme, of which the company is a member (No. W6883).
20. The Company view expressed in the brochure is the personal view of a member of the Company’s staff. Whilst our staff will express personal opinions based on first hand knowledge of the resort, the final choice of holiday remains that of the Client. The Company will not accept any verbal statement made by a member of its staff unless it is confirmed in writing prior to the departure date of the Client’s holiday.
21. These conditions are subject to English Law and the English courts shall have sole jurisdiction.