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Terms & Conditions
The following booking conditions form the basis of your contract with Mountain High Properties Ltd trading as Alp Active. They set out our
respective rights and obligations and you should therefore read them carefully.
1. Making your booking. To make your booking, you must complete our booking form. This should be signed by the first named client (who must be at least 18 years of age) on behalf of all persons named on the booking form confirming the booking is subject to these booking conditions. The first named client will be responsible for all payments due in respect of the arrangements purchased. The booking form must then be forwarded to us together with a deposit of £95 per person (unless booking 8 weeks or less before departure, in which case full payment must be made at the time of booking). In addition, it is essential you take out appropriate insurance cover at the time of booking. Once we have received your booking form and all appropriate payments, we will, subject to availability, confirm your holiday by issuing a booking confirmation letter and invoice. This confirmation letter and invoice will be sent to you. The confirmation letter will include any special arrangements we have agreed to provide and forms part of your Holiday Contract. Please check the confirmation letter and invoice as soon as you receive it and raise any queries immediately. 2. Your contract. A binding contract between us comes into existence when we dispatch our confirmation letter and invoice to you. This contract and all matters arising out of it are governed by English law. In the unlikely event of any dispute between us, we both agree this will be dealt with by the courts of England and Wales. 3. Payment. As mentioned above, a payment of £95 per person must be paid before we can confirm your holiday. For bookings made 8 weeks or less before departure, full payment is required at the time of booking. The balance of the holiday price must be received by us not less than 8 weeks prior to departure. After we have dispatched our confirmation letter and invoice, no further reminders will be sent. If payment is not received in full and on time, we reserve the right to treat your booking as cancelled by you. In this case the cancellation charges set out in clause 7 below will be payable. You may pay by cheque (UK bank or building society), sterling bankers draft, in cash (sterling) or by credit card. All balance payments made by credit card will incur a 1.5% surcharge to allow for the fees charged by credit card companies. If any cheque is dishonoured, we reserve the right to charge £15 to cover our administration costs. 4. Insurance. You must be adequately insured for your holiday. If you decide not to take out the insurance we offer, you must at the time of booking provide us with written details of your alternative insurance policy (which must offer at least comparable cover to the one we advertise). You must confirm in writing that you do not need our policy, that yours offers equivalent cover and you indemnify us from any claim whatsoever resulting from your decision to provide your own insurance cover. Please note, pregnancy and ill health may affect insurance cover. Please ensure you read your insurance policy document as soon as you receive it and take it with you on holiday. It is your responsibility to ensure the insurance cover you purchase (whether this is the policy we offer or another one) is suitable and adequate for your particular requirements. 5. The cost of your holiday arrangements. We reserve the right to increase or decrease the prices of unsold arrangements at any time before your booking is confirmed. You will be given the correct current price of your chosen arrangements at the time of booking. Once your booking has been confirmed we guarantee not to surcharge any of the booked arrangements. 6. Changes by you. Should you wish to make any changes to your arrangements after they have been confirmed, you must advise us in writing. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can the following charges will apply:- Change of outward and/or return date of holiday. - Treated as a cancellation and re-booking - cancellation charges as set out in clause 7 apply. If you are prevented from travelling, you may be able to transfer your place to someone else (introduced by you) providing you notify us not less than two weeks before departure. You will not, however, be able to do so if there is a waiting list for places in which case the available place must be offered to the next person on that list. Where you are able to transfer your place to a person of your choice, the above charges must be paid before the transfer can be effected. 7. Cancellation by you. Should you or any member of your party need to cancel your chosen holiday once it has been confirmed, the person who signed the booking form must immediately advise us in writing. Cancellation charges will then be payable as set out below to compensate us for the cost of making your booking and the risk we may be unable to re-sell your cancelled arrangements. These charges are calculated from the date written notice of the cancellation is received by us as a percentage of the total price payable excluding insurance premiums and any amendment charges which are non refundable in the event of your cancellation.
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. 8. Changes by us. Our holidays are planned months in advance. It is therefore sometimes unfortunately necessary to make alterations to brochure and other details both before and after bookings have been confirmed. We reserve the right in our absolute discretion to do so. Very occasionally, it may be necessary to make a significant change. A significant change is one made before departure involving a change of your departure or return time by more than 12 hours, of your departure point (except as between Gatwick and Heathrow) to one which is more inconvenient for you, a change of accommodation to that of a lower category or standard for the whole or a significant part of your holiday, a change of accommodation area for the whole or significant part of your holiday or the withdrawal of a significant number of our advertised activities for the whole or a significant part of your holiday. If it is necessary to make a significant change before departure, we will advise you as soon as practicable. If there is time to do so before departure we will then offer you the choice of:-
(a) Accepting the changed arrangements as notified to you or
If it is necessary to notify you of a significant change 8 weeks or less before departure, we will in addition pay you compensation as set out
in the scale appearing below subject to the following exceptions. Compensation will not be payable and no liability beyond offering the
above mentioned choices can be accepted where the change is made as a result of unusual and unforeseeable circumstances beyond our
control, the consequences of which we could not have avoided even with all due care. For significant changes, any liability we have is
limited to offering the above choices and the compensation payments (where applicable) set out below. No compensation is payable if we
notify you of any change more than 8 weeks before departure. We cannot be responsible for any costs or expenses you may incur as a
result of any change. No compensation is payable for minor changes. Minor changes do not entitle you to cancel or change to another
holiday without paying the normal charges.
(b) Purchasing an alternative holiday, of a comparable standard if available (if the holiday is less expensive than the original one, we will refund the difference, if it is more expensive, you will have to pay the difference) or (c) Canceling your holiday and receiving a full and prompt refund of all monies paid to us.
9. Cancellation by us. Very occasionally, it may be necessary to cancel a confirmed holiday. We must reserve the right to do so. However, we will not cancel within 8 weeks of departure unless you have failed to make payment in full and on time or we are forced to do so as a result of circumstances outside our control. Where your holiday is cancelled other than due to your default in payment, we will offer you the choice of purchasing an alternative holiday of a comparable standard if available (if the holiday is less expensive than the original one, we will refund the difference, if it is more expensive, you will have to pay the difference) or receiving a full and prompt refund of all monies you have paid to us. In addition, if we notify you of cancellation 8 weeks or less before departure, we will pay you compensation as set out in clause 8 "Changes by us" above subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted (1) where we are forced to cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or (2) where an insufficient number of people book your chosen holiday and we notify you that we are cancelling for this reason not less than 4 weeks before departure. In all cases, our liability is limited to offering the above choices and the compensation payments (where applicable) set out in clause 8. No compensation is payable if we notify you of cancellation more than 8 weeks before departure. We cannot be responsible for any costs or expenses you may have as a result of cancellation. Very rarely, we may be forced to curtail your holiday after the date of departure where circumstances amounting to "force majeure" as described in clause 10 below occur. In this very unusual situation, we regret we cannot make any refunds (except where refunds are obtained from any supplier), meet any costs or expenses you may incur as a result or pay any compensation. 10. Force majeure. We regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by "force majeure”. In these booking conditions, "force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riots, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control. 11. Our liability to you. We accept responsibility for ensuring that all parts of our contract with you are properly performed subject to the following exceptions. We cannot accept liability where any failure to perform or improperperformance was due to:-
1. the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
In all cases except where personal injury, illness, death, loss and/or damage to and/or of luggage or personal possessions (including
money) results or a lower limitation applies, our maximum liability is however limited to twice the price (excluding insurance premiums and
amendments charges) paid by or on behalf of the person(s) affected in total. Please note, we cannot accept any liability for any damage,
loss, expense or other sum(s) of any description which (a) on the basis of the information given to us by you concerning your booking prior
to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) did not result from any
breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally, we
cannot accept liability for any business losses. In the case of loss and/or damage to and/or of luggage or personal possessions (including
money), our liability is limited to £25 per person as you are assumed to have taken out adequate insurance at the time of booking. Where
any claim or part of a claim concerns or is based on any travel arrangements made by us which are provided by any air, sea, rail or road
carrier or any stay in a hotel, the maximum we will have to pay you in respect of that claim or part of the claim if we are found liable to you
on any basis the maximum which would be payable by the carrier or the hotel keeper concerned under the applicable international
convention in that situation. You must give credit for all payments due or received from any carrier or hotel keeper which in any way relate
to the claim in question. Where any payment is made to you or any member of your party that person must assign to ourselves or our
insurers any rights they may have to pursue any third party. You must also provide ourselves and our insurers with all assistance required.
2. those of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or 3. an event which either ourselves or the supplier of the services in question could not have foreseen orforestalled even with all due care. 12. Complaints. In the unlikely event that you have reason to complain whilst away, you must immediately notify our representative and the supplier of the service(s) in question who will endeavour to assist. If you are still not satisfied on your return home, you must write to us with full details of your complaint within 28 days of the end of your holiday. For all complaints and claims which do not involve personal injury, illness or death, we regret we cannot accept any liability if you fail to notify the complaint or claim entirely in accordance with this clause. 13. Conditions of suppliers. Please note that all services are provided subject to the conditions of the relevant supplier. Some of these conditions may limit or exclude the supplier’s liability to you, usually in accordance with the appropriate international conventions. Copies of the conditions which affect you are available on request. 14. Flights. You will have a separate contract for the flight element of your holiday. This will usually be with Switzerland Travel Centre ATOL 4013 or Kelsey Travel Ltd, trading as Satellite Travel ATOL 488. The ATOL (Air Travel Organisers Licence) will ensure the cost of your flights will be refunded or you will be repatriated if already abroad in the event of the flights not being provided due to insolvency. You may be asked to sign an additional booking form in respect of the flight element of your holiday. In all cases you will make a separate payment for your flight directly to the ATOL holder. Where flight timings are given on booking, these are for general guidance only and are subject to change. Latest timings will usually be shown on your confirmation/invoice but the actual flight times will be those shown on your tickets, which will be dispatched to you approximately 10 days before departure. You must accordingly check your tickets very carefully to ensure you have the correct flight times. The ATOL holder is not always in a position to confirm the airline(s), aircraft type(s), and airport(s) of destination which will be used in connection with any flight. Where this information is provided at the time of booking or subsequently, it is subject to change. Any such change will not entitle you to cancel or change to other arrangements without paying our normal charges. 15. Special requests. If you have any special request, please clearly note it on your booking form. Only requests relating to services or facilities provided directly by Alp Active can be guaranteed (provided the request has been confirmed in writing). Unless we have agreed in writing to provide such a service or facility, failure to meet any special request will not be breach of contract on our part. If we undertake to pass on requests to suppliers or other service providers we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. If you have any medical problem or disability which may affect your holiday, you must advise us in writing at the time of booking giving full details. If we reasonably feel unable to properly accommodate your particular needs, we must reserve the right to decline your booking (or cancel it when we find out the full details if you fail to provide these at the time of booking). 16. Delay. We regret we are not in a position to offer you any assistance in the event of delay at your outward or homeward point of departure. Any airline concerned, may, however, provide refreshments etc. 17. Behaviour. When you book a holiday with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be made at the time to ourselves or the third party concerned. If you fail to do so, you must indemnify us against any claims (including legal costs) subsequently made against us as a result of your actions. We expect all clients to have consideration for other people. If in our reasonable opinion, or in the reasonable opinion of any other person in authority, you or any member of your party behave in such a way as to cause or to be likely to cause distress, danger or annoyance to any third party (including other clients) or damage to property, we reserve the right to terminate the holiday of the person concerned without notice. In this situation, our responsibilities towards that person (including any return transport arrangements) will immediately cease and we will not be responsible for meeting any costs or expenses they may incur as a result. We will not make any refunds or pay any compensation. 18. Passport, visa and health requirements. Details of the passport, visa and health requirements for our holidays applicable to British citizens holding a full British passport are shown under "Other Information”. Non-British citizens and British citizens not holding a full British passport must consult the relevant Embassy or Consulate. Requirements may change and you should check the up-to-date position with the Passport Office and your doctor in good time before departure. We regret we cannot accept any liability if you are refused entry onto any flight or into any country due to failure on your part to carry the correct passport, visa or other documents required by any airline or authority.
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