Your Booking
Your booking is with Collett’s Limited trading as Collett’s Mountain Holidays (company number: 03467538) whose registered office is at Market House, 10 Market Walk, Saffron Walden, Essex, CB10 1JZ. All bookings made with Collett’s Limited are made on the terms of these booking conditions.
Your Contract
A contract will only exist when a) the person making the booking has accepted these booking conditions in their on-line client portal; b) we have received in cleared funds a deposit of £200 per person; and c) we have issued our booking confirmation by email. Please check your confirmation carefully and report any incorrect or incomplete information to us immediately. 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.
Website & Advertising Accuracy We make every effort to ensure the accuracy of our advertising, website information and prices at the time of their publication, but regrettably errors do occasionally occur. You must, therefore, ensure you check the price and all other details of your chosen holiday with us at the time of booking. The information and prices shown on our website and in our advertising may have changed by the time you come to book your holiday.
Insurance
It is a condition of your contract with us that you must take out adequate travel insurance. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, curtailment, medical expenses and repatriation in the event of injury or illness during your holiday with us. We do not check insurance policies for suitability but reserve the right to request a copy. You are responsible for indemnifying us in full in the event that we incur any losses or expenses arising out of your failure to take out adequate insurance cover. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
Paying for Your Holiday
When you make your booking you must pay a deposit of £200 per person. The balance of the price of your travel arrangements must be paid at least 8 weeks before your departure date. If the deposit and/or balance is not paid in time, we shall remind you that it is overdue. If you do not then pay within 7 days of this reminder we shall cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit.If your enquiry relates to a holiday which takes place within 6 weeks, we reserve the right to ask you for payment in full in advance. This will be fully refundable if the holiday you are enquiring about is not available for the dates you have requested. However, we reserve the right to retain this payment in full in the event that you subsequently change your dates or decide not to proceed and cancel
If You Cancel Your Holiday You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking must be received at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay cancellation charges as follows (see also the exception below): Period before arrival in which you notify usCancellation charge
More than 56 days Deposit only
Between 43 and 56 days 25% of holiday cost
Between 29 and 42 days 50% of holiday cost
Within 28 days 100% of holiday cost
Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.You can cancel your booking without paying cancellation charges if the performance of your package, or the carriage of passengers to your destination, is significantly affected by unavoidable and extraordinary circumstances occurring at your destination. In such circumstances, we will arrange for your booking to be terminated and for you to receive a full refund. We will observe advice provided by the UK Foreign, Commonwealth and Development Office.
If you need to cut your holiday short (Curtailment) If you are forced to return home early, we cannot refund the cost of any services you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment, and we suggest that any claim is made directly with them. Clauses 6 and 7 outline the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charge) Regulations 2013 (Directive 2011/83/EU).
If You Change Your Booking If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes, but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking. We reserve the right to charge an administration fee and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made, and you should contact us as soon as possible. Note: Certain travel arrangements may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements. You can transfer your booking to another person, who satisfies all the conditions that apply to this booking, by giving us notice in writing as soon as possible and no later than 7 days before departure. Both you and the new traveller are responsible for paying all costs we incur in making the transfer.
If We Cancel Your Booking We reserve the right to cancel your booking. We will not cancel less than 8 weeks before your departure date, except for unavoidable and extraordinary circumstances, or failure by you to pay the final balance, or because the minimum number required for the package to go ahead hasn’t been reached. Unavoidable and extraordinary circumstances mean a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. The minimum number required will be provided to you with the holiday description, along with the time limit for us to tell you if the package has to be cancelled. If your holiday is cancelled, you can either have a refund of all monies paid or accept an alternative holiday of comparable standard from us if we offer one (we will refund any price difference if the alternative is of a lower value).
If We Change Your Booking Changes to the Price
We can change your holiday price after you’ve booked only in certain circumstances. Changes in the cost of fuel or other power sources, accommodation costs, costs of compliance with local rules and laws, exchange rate fluctuations and/or government action (including changes in any levels of taxation such as VAT) could mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 28 days of your departure. If your holiday cost has increased due to the above, we will contact you and ask you to make payment to us. If this results in an increase equivalent to more than 8% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel you must do so within the time period shown on your final invoice. Changes Other Than the Price
It is a term of your booking that we are able to make changes to any aspect of your booking. If the change is insignificant, we will ensure that you are notified about it. Examples of insignificant changes include change of accommodation to another of the same or higher standard. If we are constrained by circumstances beyond our control and need to alter significantly any of the main characteristics of the travel services that make up your booking we will contact you and you will have the choice of accepting the change or having a refund of all monies paid. You can also accept an alternative holiday, where we offer one (we will refund any price difference if the alternative is of a lower value). We will tell you the procedure for making your choice. Please read any notification of changes carefully and respond promptly as if you do not respond to us within the timescale given your booking may be cancelled.
Our Liability to You You must inform us without undue delay of any failure to perform or improper performance of the travel services included in your holiday. If any of the travel services included in your holiday are not performed in accordance with the contract, or are improperly performed, by us or the travel service suppliers, and this has affected the enjoyment of your travel arrangements, you may be entitled to an appropriate price reduction or compensation or both. We will not be liable where any failure to perform or improper performance of the travel services is due to you or another member of your party; or a third party unconnected with the provision of the travel services in the package and is unforeseeable or unavoidable; or unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to:
a) The contractual terms of the companies that provide the travel services that make up your holiday. These terms are incorporated into this booking; and
b) Any relevant international convention, for example the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of and conditions under which compensation can be claimed for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of the extent of or the conditions under which compensation is to be paid under these or any conventions. You can ask for copies of the travel service contractual terms, or the international conventions, from us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract. Note: This entire clause 11 does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday.
Behaviour
All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking with us immediately. In the event of such termination, our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
Suitability All our holidays have a difficulty grading and it is your responsibility to ensure that you are physically fit, adequately experienced and suitably equipped to complete the holiday. Where appropriate, If in the opinion of your guide, you are not sufficiently fit, inadequately experienced or not suitably equipped, we reserve the right to remove you from the group. If you have any medical conditions, allergies or special dietary requirements you must inform us and your leader (where appropriate). We will endeavour to pass on any dietary or special requests to our suppliers but cannot guarantee that they will be able to meet your request. Your booking is accepted on the basis that you understand and accept the inherent risks involved in adventure or activity holidays and that you undertake the holiday and activities of your own free will. If you decide that you are unable to continue the holiday, or you are removed from your group in accordance with this clause you will be responsible for making your own alternative arrangements at your own expense.
Protecting Your Money We provide financial protection for our package holidays by way of a bond held by ABTA – The Travel Association, 30 Park Street, London, SE1 9EQ, www.abta.com. You agree to accept that in the event of our insolvency ABTA may arrange for the services you have bought to continue, or for a suitable alternative to be provided at the same cost as your original booking. You also agree to accept that in circumstances where the travel service supplier provides the services you have bought, you agree to pay any outstanding sum under your contract with us to that alternative travel service provider. However, you also agree that in some cases the services will not be provided, in which case you will be entitled to make a claim under ABTA’s Scheme of Protection (or your payment card issuer where applicable) for a refund of the monies you have paid.
ABTA
We are a Member of ABTA, membership number W6883. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
Events Beyond Our Control (Force Majeure)
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure means any event which we or the supplier(s) of the service(s) in question could not control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, epidemics, pandemics and significant risks to human health such as the outbreak of serious disease at the travel destination, natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the UK leaving the European Union, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’ s control.
Our Responsibility for your Accommodation We have a duty to select accommodation providers with reasonable skill and care. We have no liability to you for the actual provision of the accommodation, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the provider with reasonable care and skill, we will have no liability to you for anything that happens at the accommodation or any acts or omissions of the provider or others. We also have no liability in the following situations: (a) where the accommodation cannot be provided as booked due to force majeure (see clause 16 for a definition of what constitutes force majeure); (b) where you incur any loss or damage that could not have been foreseen at the time of your booking, based on the information provided by you; (c) where you incur any loss or damage that relates to any business activity (d) where any loss or damage relates to any services which do not form part of our contract with you. All accommodation is allocated by us. We will not accept liability for any complaints based on one bedroom being deemed less attractive than another on account of its size, views, character and/or location. The provision of a bedroom with a balcony will only be guaranteed if this has been confirmed by us in your booking confirmation.
Special Requests
Any special requests must be advised to us at the time of booking e.g. dietary requirements. You should then confirm your request by updating your client portal. Any requests not confirmed in your client portal may be missed. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part. We do not accept bookings that are conditional upon any special request being met.
Complaints We make every effort to ensure that your holiday arrangements run smoothly but if you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier), our local representative or local partner immediately who will endeavour to put things right. If the problem cannot be resolved and you wish to complain further, please send formal written notice of your complaint to us at our office (Collett’s Mountain Holidays, Hornbeam Unit, Funstons Commercial Centre, Clavering, CB11 4QU) within 28 days of the end of your holiday, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint and will affect your rights under this contract. Please note that we offer an Alternative Dispute Resolution service through ABTA membership, and you may make use of the dispute resolution scheme mentioned in clause 15.
Additional Assistance
If, whilst you are on holiday, you find yourself in difficulty for any reason, we (or our local partners) will offer you such prompt assistance as is appropriate in the circumstances during normal business hours. In particular, we (or our local partners) will (using reasonable endeavours) provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communication and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative travel arrangements or such other assistance you require. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
Passport, Visa and Immigration Requirements It is your responsibility to check and fulfil the passport visa, health and immigration requirements applicable to your holiday. Please visit https://www.gov.uk/foreign-travel-advice for up-to-date entry requirements. If you or any member of your party is 16 or over and haven’t yet got a passport, our recommendation is that you should apply for one at least 6 weeks before your arrangements. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up-to-date position in good time before departure. You can visit a service such as www.travisa.com to find out what visas and other documents you may require for your destination. Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports.
Excursions Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your holiday provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
Third Party Suppliers Many of the services which make up your holiday may be provided by independent suppliers. This is particularly relevant to all of our “Village to Village” holidays where your transport, baggage transfer, accommodation and food will be supplied by third parties and for whom Collett’s Limited acts as an agent. You therefore acknowledge that Collett’s Limited acts as the disclosed agent of these third-party suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
Delays, Missed Transfers and Cancelled Flights We cannot take responsibility for repercussions concerning delayed flights or other travel arrangements. If your flight, bus or train is delayed, your transfer will still depart as scheduled/booked. If you miss your airport transfer, airport taxis can be booked at your expense, or a car hired from the airport can sometimes be a cheaper option. Note: any expenses caused by such a delay may be covered by your insurance. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements (including your booking with us) even where those arrangements have been made in conjunction with your flight.
Winter Insurance All skiers must, by law, have third party liability insurance. This is not included in your ski pass. Most travel insurance policies include this cover, but it is your responsibility to check that you are adequately covered.
At Your Own Risk All our self-guided holidays are enjoyed entirely at your own risk and it is important that you understand that whilst the route notes are accurate at the time of writing, the situation on the ground may change and all itineraries rely on your sound judgement and decision making throughout. It is a fact that hill and mountain walking, skiing and snowshoeing can and is associated with personal injury and death. By coming to such areas, you are exposing yourself and your party to the possibility of personal injury or even death. In such an event, we will not be held responsible for your interest in the outdoors which can occasionally have tragic consequences.
Foreign Commonwealth and Development Office (FCDO) Advice You are responsible for making yourself aware of Foreign Office advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure. (See clause 16).
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. Our policy can be viewed at colletts.co.uk
Law and jurisdiction
This booking is governed by English Law, and the jurisdiction of the English Courts. You may however choose the law and jurisdiction of Scotland or Northern Ireland if you live there and wish to do so.
