Peak Retreats Booking Conditions
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 023 9283 9310
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.
Changing or amending your booking
Your booking is with: Peak Retreats Limited, 2.4 Central Point, Kirpal Road, Portsmouth PO3 6FH.
- 1. ABTA
Book with Confidence. We are a fully bonded Member of ABTA, membership number W5537, which means you have the benefit of ABTA’s assistance and Code of Conduct and your money is protected.
- 2. YOUR FINANCIAL PROTECTION
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 a bond held by ABTA. For further information please see www.abta.com
- 3. PRICES
We reserve the right to alter the prices of any of the holidays/holiday components shown in our brochure or on our website. You will be advised of the current price of the holiday/holiday component that you wish to book before your contract is confirmed or amended when adding a holiday component. Changes in taxes such as French VAT applicable for services like accommodation or ski extras mean that the price of your holiday/travel arrangements may change after you have booked. However, there will be no change within 20 days of your departure. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that. If this means that you have to pay an increase of 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 (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should you decide to cancel for this reason, you must do so within 14 days from the date printed on your final invoice. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. The price of your travel arrangements was calculated using an exchange rate of €1 = 0.86 GBP.
- 4. CONFIRMATION
When you make your booking you must accept the terms of these booking conditions, on behalf of all your party and pay a deposit as detailed in How to book your holiday. A contract will exist only when we issue our confirmation invoice. We strongly suggest that you do not make independent arrangements linked to the accommodation, such as flights until then. 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.
- 5. BALANCE
The balance of the price of your holiday must be paid at least 10 weeks before the departure date. If the booking is made less than 10 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.
- 6. 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. 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.
- 7. IF YOU CANCEL YOUR HOLIDAY
You, or any member of your party, may cancel your travel/holiday 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/holiday arrangements, you will pay the applicable cancellation charges up to the maximum shown in clause 8. Unused or partly used holiday elements such as lift passes, equipment hire or en-route hotels will be treated as a 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.
- 8. 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 10 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 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:
Period before departure within which notice of cancellation or major changes is received by us or notified by you
If we make a major change to your holiday
If we cancel your holiday
If you cancel your holiday
Amount you will receive from us
Amount you will receive from us
Amount of cancellation charge
More than 42 days
Deposit only (or 25% of holiday cost)
Deposit only (or 25% of holiday cost)
Between 41 & 28 days
100% of holiday cost* +£20**
45% of holiday cost*
Between 27 & 14 days
100% of holiday cost* +£30**
60% of holiday cost*
Between 13 & 9 days
100% of holiday cost* +£35**
75%of holiday cost*
Between 8 & 0 days
100% of holiday cost* +£40**
100% of holiday cost*
* The holiday cost for cancellations is defined as the total invoiced amount.
** 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.
- 9. INSURANCE
Personal and medical travel insurance including Winter Sports cover (if you take part in winter sports activities) is a vital aspect to booking a holiday, giving you protection not only against some forms of cancellation but also unforeseen circumstances that could otherwise spoil your holiday. With this in mind, we require that all our clients have adequate cover in place and by proceeding with this booking you confirm that you have or will have suitable travel insurance cover in place prior to the holiday.
- 10. PASSPORTS, VISAS AND HEALTH REQUIREMENTS
Your specific passport and visa requirements and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. The UK Government is advising that after 29 March 2019 travellers should have 6 months left on their UK passport from their date of arrival.
Customers are reminded that they should check with their own doctor for advice on medical requirements of the host countries. We recommend you apply for a European Health Insurance Card (EHIC) which covers or heavily discounts treatment that is medically necessary during a temporary stay in EU and EEA countries, and Switzerland. Find out more about applying for an EHIC at www.dh.gov.uk/travellers or by calling 0300 330 1350 as you will need to present the EHIC card for reciprocal treatment.
Information about free and reduced-cost emergency care and medical treatment in most EU countries can be found in the leaflet T7 "Health Advice for Travellers", which is available free from post offices, local Department of Health offices, GPs and libraries. However, as this only provides limited cover, we require all our customers to have adequate holiday insurance cover. For treatment in any country, you will need to produce your passport.
- 11. 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.gov.uk/foreign-travel-advice)
- 12. 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.
- 13. 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.
- 14. PERSONAL INJURY
(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 the 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.
- 15. 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 contact us straightaway on +4423 9283 9310 and we will endeavour to assist. If you are still not satisfied 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 email@example.com 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.
- 16. RESOLVING COMPLAINTS
It is always our aim to settle any disputes amicably. However, should this not be possible we can 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 ABTA’s Code of Conduct and assistance in resolving disputes can be found on www.abta.com.
- 17. 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. You may, however, choose the law and jurisdiction of Scotland or Nothern Ireland if you wish to do so.
- 18. 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.
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.
- 20. GENERAL
Travel bookings are made subject to the terms and conditions of transport operators, 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. Commercial card payments will incur a 1.85% charge in respect of all transactions. 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.