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Fair trading terms
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It is important that you read and understand the
following booking conditions. Together with the
general information on this website or in the
brochure, the literature describing your holiday
components and the booking form, they will form part
of the holiday contract.
If you would like further clarification on any
aspect, please call us on 0844 576 0170.
Your contract is between all persons named on your
booking form ('you') and Peak Retreats Ltd
(registered in England 4382873) ('us') and is made
under the law of England.
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Confirmation
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Our
promise
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Balance
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Our
liability to you
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Complete
price guarantee
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Any
problems - complaints
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Currency
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Resolving
complaints
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If you
change your booking
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Law
and jurisdiction
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If we
change or cancel your holiday
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Financial security
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Insurance
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Website accuracy
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Insurance
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Personal
Injury
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Your
accommodation & safety
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General
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Passports,
visas and health requirements
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Privacy policy
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ABTA
We are a member of ABTA membership number W5537
and we are obliged to maintain a high standard
of service to you by ABTA’s Code of
Conduct.
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When you make your booking you must complete a
booking form, accepting on behalf of all your
party the terms of these booking conditions
and pay a deposit as detailed in 'How to book
your holiday' page 15 (price insert). The party
leader must be over 18. A contract will exist
only when we issue our confirmation invoice. It
is important that you check all your details
shown on the confirmation invoice carefully to
ensure they are correct as this forms the basis
of the contract. Any discrepancies should be
brought to our attention within 7 days of issue
otherwise the details shown on the confirmation
invoice will be presumed to be correct.
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BALANCE
The balance of the price of your holiday must
be paid at least 8 weeks before the departure
date. If the booking is made less than 8 weeks
prior to departure, the total cost of the
holiday is payable immediately. If the balance
is not paid in time, we shall cancel your
travel/accommodation arrangements, retain your
deposit and apply cancellation charges as set
out below.
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COMPLETE PRICE GUARANTEE
The price of your holiday is fully guaranteed
and will not be subject to any surcharges after
our confirmation invoice has been issued. We
however reserve the right to alter the prices
of any of the holidays shown in our brochure.
You will be advised of the current price of the
holiday that you wish to book before your
contract is confirmed. The price of your
holiday was calculated using an exchange rate
of
€1=0.90
GBP.
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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. Minor
amendments (i.e. change of car or addition of
passengers) are made free of charge up to 4
weeks before departure. For other
amendments you will be asked to pay an
administration charge of £25, 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.
You may transfer your booking to another person
subject to a £25 charge, however the
personal insurance premiums are not refundable
or transferable and the new party will also be
required to have personal insurance.
Note: Certain travel arrangements (e.g.
Train Tickets) 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.
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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 on your behalf must be received at
our offices. Since we incur costs in
cancelling your travel arrangements, you will
pay the applicable cancellation charges up to
the maximum shown in clause 7. Unused
holiday elements such as lift passes, equipment
hire or en-route hotels will be treated as full
cancellation and cannot be refunded.
Note: If the reason for your cancellation is
covered under the terms of your insurance
policy, you may be able to reclaim these
charges.
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IF WE CHANGE OR CANCEL YOUR HOLIDAY
It is unlikely that we will have to make any
changes to your travel arrangements, but we do
plan the arrangements many months in
advance. Occasionally, we may have to
make changes and we reserve the right to do so
at any time. Most of these changes will
be minor and we will advise you of them at the
earliest possible date. We also reserve
the right in any circumstances to cancel your
travel arrangements. However, we will not
cancel your travel arrangements less than 8
weeks before your departure date, except for
reasons of force majeure or failure by
you to pay the final balance. If we are
unable to provide the booked travel
arrangements, you can either have a refund of
all monies paid or accept an offer of
alternative travel arrangements of comparable
standard from us; if available (we will refund
any price difference if the alternative is of a
lower value). If it is necessary to
cancel your travel arrangements, we will pay to
you compensation as set out in this clause.
Please note that carriers such as Ferry
companies used in the brochure may be subject
to change. Such a change is deemed to be a
minor change. Other examples of minor changes
include alteration of your outward/return
crossing by less than 12 hours, change of
accommodation to another of the same standard.
If we make a major change to your holiday, we
will inform you as soon as reasonably possible
if there is time before your departure.
You will have the choice of either accepting
the change of arrangements, accepting an offer
of alternative travel arrangements of
comparable standard from us if available (we
will refund any price difference if the
alternative is of a lower value), or cancelling
your booked holiday and receiving a full refund
of all monies paid. In all cases, except
where the major change arises due to reasons of
force majeure, we will pay compensation as
detailed below:
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Period before departure within which
notice of cancellation or major changes
is received by us or notified by you
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If we make
a major change to your holiday
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If we
cancel your holiday
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If you
cancel your holiday
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Amount you will receive from us
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Amount you will receive from us
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Amount of cancellation charge
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More than 42 days
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Nil
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Deposit only (or 25% of holiday cost)
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Deposit only (or 25% of holiday cost)
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Between 41 and 28 days
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£20**
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100% of holiday cost* +£20**
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45% of holiday cost*
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Between 27 and 14 days
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£30**
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100% of holiday cost* +£30**
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60% of holiday cost*
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Between 13 and 9 days
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£35**
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100% of holiday cost* +£35**
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75%of holiday cost*
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Between 8 and 0 days
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£40**
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100% of holiday cost* +£40**
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100% of holiday cost*
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* The holiday cost for cancellations is defined
as the total invoiced amount less the insurance
premium(s), which are non-refundable since
insurance cover is effective from the time of
booking confirmation.
** per adult (+16yrs)
Force
Majeure: This means that
we will not pay you compensation if we have to
cancel or change your travel
arrangements in any way because of unusual or
unforeseeable circumstances beyond our control.
These can include, for example, war, riot,
industrial dispute, terrorist activity and its
consequences, natural or nuclear disaster,
fire, closure of ports, adverse weather
conditions.
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INSURANCE
Comprehensive
personal and medical travel insurance (with
winter sports cover if required) must be
in place for all members of the party at the
latest before the final balance due
date.
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British and EU citizens require a valid
full passport with no visa required
for travel to France. If you do not have valid
documents you will not be able to travel. The
carrier may be subject to a fine if you try to
travel without the correct documentation and we
reserve the right to recover any such charge
from the passenger. For citizens of other
countries, up to date information on passport
and visa requirements can be supplied on
request. It is mandatory that you have all
necessary documents, e.g. passports and/or
visas, to enter the countries which you intend
to visit and for re-entry into the UK.
High Altitude: Some of our resorts are high
altitude resorts and may not be suitable for
people with certain medical conditions. In any
event always check with your doctor as to which
health requirements are advisable before you
travel. Information on health is contained on
the
Department of Health website. European
citizens are advised to obtain a European
Health Insurance Card (EHIC) free online at
www.dh.gov.uk/travellers or by calling 0845
605 0707 or by picking-up a form from the Post
Office. Any treatment received may have to be
paid for initially and only a percentage may be
refundable. The EHIC is valid only in European
Community countries.
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YOUR ACCOMMODATION & SAFETY
You undertake to accept the holiday
accommodation allocated to your booking and to
take responsibility and exercise reasonable
care in respect of your accommodation and its
equipment. It is our aim at Peak Retreats that
your holiday is safe and trouble free. We are
actively working to raise safety standards of
accommodation overseas and will, of course, do
our best to ensure that. In return we ask that
you be mindful of your own duty of care and
give thought to your own and other members of
your party's safety whilst you are away. Local
regulations may mean that the layout and
services within your accommodation are
different from those to which you may be
accustomed. Accommodation compliance is always
with respect to local regulations. Current
travel advice is readily available from the
Foreign & Commonwealth Office (
www.fco.gov.uk).
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OUR LIABILITY TO YOU
If the contract we have with you is not
performed or is improperly performed by us or
our suppliers we will pay you appropriate
compensation if this has affected the enjoyment
of your travel arrangements. However we will
not be liable where any failure in the
performance of the contract is due to: you; or
a third party unconnected with the provision of
the travel arrangements and where the failure
is unforeseeable or unavoidable; or unusual and
unforeseeable circumstances beyond our control,
the consequences of which could not have been
avoided even if all due care had been
exercised; or an event which we or our
suppliers, even with all due care, could not
foresee or forestall. Equally we will not be
responsible for your disappointment as a result
of unrealistic expectations. Our liability,
except in cases involving death, injury or
illness, shall be limited to a maximum of 3
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 transportation for your travel
arrangements. These terms are available on
request; and (b) Any relevant international
convention, for example the Athens Convention
in respect of travel by sea, 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
compensation that you can claim 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
compensation contained in these or any
conventions. You can ask for copies of the
transport companies' contractual terms, or the
international conventions, from our offices.
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TRAVEL DELAYS AND CANCELLATIONS
As we only book clients on scheduled transport
services we rely on the respective carriers to
handle arrangements for our clients in the
event of delays and cancellations.
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(Unconnected with arrangements made by us.)
If you, or any member of your party, suffer
death, illness or injury whilst overseas
arising out of an activity which does not form
part of your package travel arrangements or an
excursion arranged through us, we shall at our
discretion, offer advice, guidance and
assistance. Where legal action is
contemplated and you want our assistance, you
must obtain our written consent prior to
commencement of proceedings. Our consent
will be given subject to you undertaking to
assign any costs, benefits received under any
relevant insurance policy to ourselves.
We limit the cost of our assistance to you or
any member of your party to £5,000.
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ANY PROBLEMS – COMPLAINTS
We are confident that you will enjoy your
holiday but in the unlikely event that you do
encounter a problem you must immediately notify
the relevant local owner, caretaker, supplier
who will endeavour to put things right. If your
complaint cannot be resolved locally, please
follow this up within 28 days of your return
home by writing to our Managing Director at 2.4
Central Point, Kirpal Road, Portsmouth, Hants
PO3 6FH or e-mail us at
managing.director@peakreatreats.co.uk
giving your original booking reference number
and all other relevant information. If you fail
to follow this simple procedure we will have
been deprived of the opportunity to investigate
and rectify your complaint whilst you were in
resort and this may affect your rights under
this contract.
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RESOLVING COMPLAINTS
It is always our aim to settle any complaints
amicably. However, should this not e possible,
any dispute arising out of or in connection
with this contract may e referred to
arbitration under a special scheme offered in
conjunction with ABTA. It provides for a simple
and inexpensive method of arbitration on
documents alone with restricted liability on
you in respect of costs. Full details will be
provided on request or can be obtained from the
ABTA website at http://www.abta.com/heretohelp.shtml.
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. For
injury and illness claims, you may like to use
the ABTA / Chartered Institute of Arbitrators
Mediation Procedure. This is a voluntary scheme
and requires us to agree for mediation to go
ahead. The aim is to help you resolve your
dispute in a quick and cost effective way.
Details on request or from www.abta.com.
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LAW AND JURISDICTION
The contract between us and any matters arising
from it will be governed by and construed in
accordance with English law and are subject to
the jurisdiction of the Courts of England and
Wales.
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The Package Travel, Package Holidays and
Package Tours Regulations 1992 require us to
provide security for the monies that you pay
for the package holidays booked from this
website and for your repatriation in the event
of our insolvency. We provide security for the
monies that you pay for the holidays booked
from this website. We provide this security by
way of bond held by ABTA.
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WEBSITE ACCURACY
Whilst every effort is made to ensure the
accuracy of the website, regrettably errors do
occasionally occur. At any time changes can
take place that are beyond our control. You
must therefore ensure that you check all
details of your chosen holiday (including the
price) with us at the time of booking. On
occasions, especially during low season,
certain facilities or amenities such as all ski
lifts operating, restaurants and other local
facilities etc may not be open or available as
advertised due to maintenance, weather
conditions, lack of demand or for other reasons
outside our control. We plan our holiday
programme many months in advance and therefore
it may sometimes be necessary to make changes
to the holidays described on the website. We
therefore reserve the right to change any
holiday details, including the price, before
you book, in which case we will tell you before
the holiday contract takes effect.
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GENERAL
Bookings are made subject to the terms and
conditions of transport operators, property
owners and hotels for whom Peak Retreats act as
agents.
The relevant carriers ‘Conditions of
Carriage’ will apply to your journey,
some of which exclude or limit liability.
Copies can be made available on request.
Transport operators featured assume no
responsibility for the contents of this
website.
Credit card payment will incur a 1.75% charge
in respect of balances and full payments.
The maximum number of occupants for each
accommodation unit detailed in our description
should under no circumstances be exceeded. Our
suppliers are instructed to refuse admission or
evict as necessary to comply with this
condition.
We will always pass on any special requests and
try to meet them but cannot guarantee to do so.
However please note that special requests do
not form part of our contractual agreement. The
general information pages of our brochure or
website must also be read in conjunction with
the above booking conditions.
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PRIVACY POLICY
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 relevant suppliers of your
travels 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 on to security or credit card
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 disabilities, or dietary
requirements. If we cannot pass this
information to the relevant suppliers, we will
be unable to provide your booking. In making
this booking, you consent to this information
being passed on to the relevant persons. Full
details of our data protection policy are
available upon request.
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For further information please call 0844 576
0170
Opening times Mon-Fri
9am – 6pm (7pm Sept-Mar), Sat 10am
– 4pm. Closed bank holidays and
Sundays.
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© Peak Retreats Limited 2010 |
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