Terms and Conditions 2026/27

These Booking Conditions, together with our Privacy Policy and where your holiday is booked via our website, our Website Terms of Use, and any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Ski Gems Limited, Lynton House, 7-12 Tavistock Square, London, England, WC1H 9 BQ, company number 14970180. (“we”, “us”, “our”). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that they:

a) have read these Booking Conditions and have the authority to and agree to be bound by them;
b) consent to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);
c) are over 18 years of age and where placing an order for services with age restrictions declares they and all members of the party are of the appropriate age to purchase those services(or failing this has the authority and permission to make a booking from a parent or legal guardian who has provided valid written consent to us);

d) Anyone under the age of 18 wishing to travel unaccompanied must, prior to departure, provide us with written consent from their legal guardian.
e) They accept financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

Please Note: We act in the following capacities, as a Package Organiser in the sale of a Package and as Principal in “Single Element” bookings (i.e. accommodation only).

As a result, our obligations to you will differ depending on what capacity we are acting in and whether or not what you have booked is a package (“Package”) as defined within the Package Travel and Linked Travel Arrangements 2018 (“PTRs”) where we are acting as the Package Organiser (please see clause 14 for further details of where this will be the case) or as a Principal in the sale of a Single Element booking. Our differing obligations are set out below, in the following separate sections:

(A) Section A contains the conditions that will apply to all bookings you make with us;

(B) Section B contains the conditions which will apply where we act as the Package Organiser for Package bookings; and

(C) Section C contains the conditions which apply where you make a Single Element booking with us, where we act as Principal.

SECTION A – APPLICABLE TO ALL BOOKINGS

This section applies to all bookings made with us. Please read this section A in conjunction with the relevant section below which is applicable to your booking.

ACCURACY OF ADVERTISING MATERIAL

We endeavour to ensure that the descriptions, information and prices both on our website and in our advertising material are accurate; however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must therefore ensure you check the current price and all other details relating to the arrangements that you wish to book with us at the time of booking. Some of the photographs shown are general skiing scenes, may not show the actual accommodation, and have been included to give an indication of the area only. Many of the facilities described are not under our control and we reserve the right to change these if necessary. Where we can you will be notified of any such changes as soon as possible.

TRAVEL INSURANCE

As a condition of booking, you must have appropriate travel insurance in place for your holiday. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness.

It is important that if you are skiing or snowboarding you have comprehensive winter sports insurance in place. We may provide insurance policy options through our online booking system, passengers who take winter sports insurance provided through us have a 14-day cooling off period from the date of booking, after this they are not permitted to remove or change their insurance cover. If you arrange your insurance separately from us, you must provide details of the insurance provider and policy number.

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.

EVENTS BEYOND OUR CONTROL

Except where otherwise expressly stated in these Booking Conditions, we cannot accept liability or pay any compensation if either of our contractual obligations to you are affected by Events Beyond Our Control. For the purposes of these Booking Conditions, Events Beyond Our Control means any event beyond our or our supplier’s 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, significant risks to human health such as the outbreak of serious disease at the travel destination or 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 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 control.

SPECIAL REQUESTS

Any special requests must be advised to us at the time of booking and in writing (e.g. diet, room location and room type etc). Whilst we will endeavour to try and arrange your 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 suppliers in regard to a Package or Single Element booking, 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 unless the request has been specifically confirmed by us. We do not accept bookings that are conditional upon any special request being met.

ACCOMODATION RATINGS & STANDARDS

Accommodation ratings are displayed as provided by the relevant supplier. These are intended to give a guide to the services and facilities you should expect from your travel arrangements. However, standards and ratings may vary between countries, as well as between suppliers. Therefore, we cannot guarantee the accuracy of any ratings given and no warranty is given or implied by providing such display.

DISABILITIES AND MEDICAL PROBLEMS

We are not a company which specialises in sale of services for disabled individuals, but we will do everything we reasonably can to cater for any special requirement you may have. If you or any member of your party has any medical problem or disability which may affect your booking, please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen booking and/or purchase. We may require you to produce a doctor’s certificate certifying that you are fit to participate (where applicable).

Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking. You should keep us updated of any change(s) to any existing or new medical condition which may impact on your ability to take part in your chosen holiday as soon as it occurs. If you did not give us full details at the time of booking or when any condition changes or occurs we may have to cancel your booking in which case applicable cancellation charges would be incurred.

YOUR 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 payment of 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 and/or any applicable suppliers 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.

EXCURSIONS

Excursions or other tours that you may choose to book or pay for whilst you are on enjoying your booking are not part of your contracted arrangements with 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.

ENTRY, PASSPORT, VISA & IMMIGRATION REQUIREMENTS, SAFETY & HEALTH FORMALITIES

We can only provide general information regarding entry, passport, visa, immigration requirements and safety and health formalities applicable to your Package. Where you book anything other than a Package from us, we are not required to provide such information but choose to provide this information on a complimentary basis. Regardless of what you purchase however, it is your responsibility to check such requirements (in good time before departure), in order to make your decisions to fulfil such requirements regarding your destination and/or the country(ies) through which you may be transiting through.

Such information which you may need to check includes (but is not limited to) passport requirements including (but not limited to) how valid your passport must be after return date, whether your passport must be machine readable or which visas/waivers may be required for entry such as ESTA for USA travel, ETIAS for EU travel or ETA for UK travel.

You must check requirements for your own specific circumstances with the relevant bodies as applicable. We have provided a few useful resources below, though it is your responsibility to check and see if such a body would be relevant to yourself.

• the UK Foreign, Commonwealth and Development Office (“FCDO”, https://www.gov.uk/travelaware) (applicable to UK residents);

• UK Passport Office (0870 5210410 or https://www.gov.uk/browse/citizenship);

• Embassies, High Commission and/or Consulates;

• Your own physician or doctor.

For UK residents booking European travel, you should obtain a UK Global Health Insurance Card (UK GHIC) prior to departure which may provide limited medical treatment in most EEA countries. However, such cover may be extremely limited and for emergency purposes only. Nevertheless, all passengers to any destination should obtain comprehensive medical insurance prior to departure, including cover for emergency medical treatment and associated costs.

We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.

JURISDICTION AND APPLICABLE LAW
Your contract with us and all matters arising out of it are governed by English law. We both agree that any dispute, claim or other matter which arises out of or in connection with this contract or your itinerary, will be dealt with by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract governed by the law of Scotland/Northern Ireland as applicable. If you do not so choose, English law will apply.

CUTTING YOUR HOLIDAY SHORT

If you decide to return home early we cannot refund the cost of any travel arrangements you have not used and you will be responsible for any additional costs you incur. If you cut your booking short and return home early in circumstances where you have no reasonable cause for complaint about the standard of the travel services provided, we will not offer you any refund for any part of your booking not completed or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for your curtailment, any claim should be made directly with them.

CONDITIONS OF SUPPLIERS

In the event that we use independent suppliers to make up your holiday, those suppliers provide the 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.

ADVANCE PASSENGER INFORMATION

A number of Governments are introducing new requirements for travel businesses to provide personal information about all travellers to the Authorities prior to travellers arriving at the destination. The data will be collected either at the time of or after a booking is made, most likely by the applicable supplier or us. Where we collect this data, we will treat it in accordance with our Privacy Policy.

YOUR BEHAVIOUR AND RESPONSIBILITY

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.

SECTION B: PACKAGE BOOKINGS

This section only applies to Package booked with us, where we are acting as the Package Organiser (please see clause DEFINITION OF A PACKAGE below for further details of when this will be the case). Please read this section in conjunction with Section A of these Booking Conditions.

DEFINITION OF A PACKAGE

Where your booking is for a Package that we have organised, as defined below, we will act as a “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”), as outlined in this Section B of these Booking Conditions.

A “Package” exists if you book a combination of two of the following separate travel services:

(a) transport;

(b) accommodation;

(d) any other tourist service not intrinsically part of one of the above travel services;

…provided that those separate travel services are purchased together from a single visit to our website / during a single phone call with our telephone booking line and are selected by you before you agree to pay; or are advertised, sold or charged at an inclusive or total price; or advertised or sold under the term “package” or a similar term.

IMPORTANT NOTE: Please note that:

a. where you have booked a Package that lasts for less than 24 hours and which does not include overnight accommodation; or

b. where you have made a booking which consists of not more than one type of the travel services listed at (a) – (c) above, combined with one or more tourist services (as listed at (d) above), this will not create a Package where the tourist services:

- do not account for 25% of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the Package; or

- are selected and purchased after the performance of the transport, accommodation or car rental has started.

These bookings will be treated as “Single Element” bookings and will not be afforded the benefit of the rights under the PTRs, please see Section C of these Booking Conditions for the terms applicable to such arrangements.

BOOKING & PAYING FOR YOUR PACKAGE

In order to complete your booking it must be submitted via email together with the applicable deposit. A booking is made with us once you have fully completed the booking process, you have paid us a deposit and we have issued you with a booking confirmation email. We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking. If your confirmed arrangements include a flight, we (or if you booked via an authorised agent of ours, that agent) will also issue you with an ATOL Certificate . Upon receipt, if you believe that any details on the ATOL Certificate or booking confirmation or any other document we send you are wrong, you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document. You are responsible for making sure you have submitted correct up-to-date personal contact details and if these details change you must update us.

You must pay at least the minimum deposit as specified at the time of booking. If booking within 10 weeks of the package holiday departure date, you must pay in full. The remaining balance of the cost of your package holiday (including any applicable surcharge) is due no later than 12 weeks before departure or on a date stated on your confirmation email; this is referred to the balance deadline date. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in IF YOU CANCELL YOU BOOKING will apply. If the balance is not paid on time, but at our discretion, we allow you to continue with your holiday booking, your package holiday price may be subject to an additional late payment admin fee to up to £100 (which will be notified to you at the time) to reflect the additional costs incurred by us in processing your payment and administering your booking.

. Where provided by us all passengers must ensure they have their vouchers and/or e-ticket available throughout the duration of their chosen arrangements, this can be in paper printed form or a digital pdf form via their smartphone,

PRICING OF PACKAGES

We reserve the right to amend the price of unsold itineraries at any time and correct errors in the prices of confirmed itineraries. We also reserve the right to increase the price of confirmed itineraries solely to allow for increases which are a direct consequence of changes in:

i. changes in the price relating to the carriage of passengers as a result of the cost of fuel or other power sources; or

ii. the levels of taxes or fees on the travel services included in your chosen arrangements imposed by third parties not directly involved in the performance of the itinerary, including but not limited to, tourist taxes, landing taxes, or embarkation or disembarkation fees at ports and airports; or

iii. the exchange rates relevant to the Package

Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers.

You will be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed Package (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another arrangement 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 to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice. 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 the price of your Package go down due to the changes mentioned above, then any refund due will be paid to you , less an administrative fee of up to £100 (which will be notified to you at the time). However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

There will be no change made to the price of your confirmed itinerary within 20 days of your departure nor will refunds be paid during this period.

IF YOU CHANGE YOUR BOOKING

If, after our confirmation email has been issued, you want to change any of your package holiday arrangements, you must inform us in writing by emailing info@skigems.com as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to meet your requests, we cannot guarantee that we will be able to meet your requested change. Changes to component elements such as ski hire, ski school, other extras, events or excursions can be amended free of charge up until the balance deadline date. After the balance deadline date all package elements are fixed and booking amendments are only considered on a request basis by emailing us. Where amendments are possible any additional costs incurred by us must be paid by you and may be subject to payment of an administration fee of up to £100 per person, per change. Changes to major elements of your packages such as accommodation or transport may not always be possible and are only considered on a request basis by emailing us. For the purpose of clarity we reserve the right to decline any form of booking amendment after the balance deadline date.

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. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause IF YOU CANCEL YOUR BOOKING.

Transfers of Package:

If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:

a. that person is introduced by you and satisfies all the conditions applicable to the Package;

b. we are notified not less than 7 days before departure;

c. you pay any outstanding balance payment, an administrative fee of £50 per person as well as any additional fees, charges or other costs arising from the transfer of the Package; and

d. the transferee agrees to these Booking Conditions and all other terms of the contract between us.

You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 18 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a charge of up to 100% of the value of that part of the arrangements, in addition any additional administrative fees and/or supplier costs which will be notified to you at the time.

IF YOU CANCEL YOUR BOOKING

If you wish to cancel your confirmed booking you must inform us in writing by emailing info@skigems.com as soon as possible, with such notice to be given by the first named person on the booking. Your notice of cancellation will only take effect on the date it is received by us.

Should one or more member of a party cancel, it may increase the per person Package price of those still travelling and you will be liable to pay this increase.

Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows

Time before you notify us Cancellation Fee
70 days or more Deposit Paid
69-29 days 60%
28-15 days 80%
Less than 15 days 100%

Passengers who do not travel and do not officially cancel either in writing or via email are termed a “no-show”; any such passengers will be deemed to have cancelled and are not eligible for any refund and will incur 100% of the total price. Where provided passenger welcome packs and their contents remain our property for all cancelled and no-show passengers. Anyone whose arrival into the resort is going to be delayed by more than 24 hours must notify us by emailing info@skigems.com no later than the scheduled day of departure with their new arrival details; without prior written notification, late arriving passengers may be treated as no-show passengers and their package holiday arrangements released back to the supplier concerned. We are not obliged to provide a ski pass to any passenger who arrives at the resort any later than 09h00 on the second valid day of their ski pass even if prior written notification has been provided.

Please note that insurance premiums and amendments charges are not refundable in any circumstances.

Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.

If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.

Cancellation By You Due To Unavoidable & Extraordinary Circumstances:

You may terminate the Package travel contract at any time before the start of the Package without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at the place of destination or its immediate vicinity which will significantly affect the performance of the Package or carriage to your Package destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. In order to rely on this clause you must be able to show that, based on information available at the time of cancellation, there was no reasonable possibility of your Package going ahead (either at all or without being significantly affected).

For the purposes of this condition, “unavoidable and extraordinary circumstances” may include warfare, other serious security problems such as terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which significantly affect travel to the travel destination as agreed in the Package travel contract.

This clauseoutlines 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 Charges) Regulations 2013.

IF WE CHANGE OR CANCEL YOUR PACKAGE HOLIDAY

As we plan your Package many months in advance, we may occasionally have to make changes or cancel your Package booking and we reserve the right to do so at any time.

Changes: If we make a minor change to your Package, we will make reasonable efforts to inform you as soon as reasonably possible before your departure but we will have no liability to you. Examples of minor changes include change of accommodation to another of the same or higher standard and/or changes of carriers. Please note that airlines/carriers advertised part of your Package may be subject to change.

Occasionally we may have to make a significant change to your confirmed Package. Examples of what might equate to “significant changes” dependent upon the details of your booking include the following, when made before departure:

(a) A change of accommodation area for the whole or a significant part of your time away;

(b) A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away;

(d) A significant change to your Package;

(e) A change of UK departure airport except between:

I. The London airports: Gatwick, Heathrow, Luton, Stansted, London City and Southend

II. The South Coast airports: Southampton, Bournemouth and Exeter

III. The South Western airports: Cardiff and Bristol

IV. The Midlands airports: Birmingham and East Midlands

V. The Northern airports: Liverpool, Manchester and Leeds Bradford

VI. The North Eastern airports: Newcastle and Teesside

VII. The Scottish airports: Edinburgh, Glasgow, Prestwick and Aberdeen

VIII. Northern Ireland: Belfast

Cancellation: We will not cancel your Package less than 35 days before your departure date, except for reasons of EVENTS BEYOND OUR CONTROL or failure by you to pay the final balance. We may cancel your Package after this date if, e.g., the minimum number of clients required for a particular Package is not reached.

If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:

i (for significant changes) accepting the changed arrangements; or

ii having a refund of all monies paid; or

iii if available and where we offer one, accepting an offer of an alternative Package and/or option (we will refund any price difference if the alternative is of a lower value).

You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.

Insurance If we cancel or make a significant change and you accept a refund, we will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.

Compensation

In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:

(a) If, where we make a significant change, you do not accept the changed arrangements and cancel your booking;

(b) If we cancel your booking and no alternative arrangements are available and/or we do not offer one.

The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

Time before we notify you Amount you
will receive from us
More than 35 days Deposit Paid
More than 28 days 60%
More than 15 days 80%
14 days or less 100%

Important Note: We will not pay you compensation in the following circumstances:

where we make a minor change;
where we make a major change or cancel your arrangements more than 35 days before departure;
where we have to cancel your arrangements as a result of your failure to make full payment on time;
where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
where we are forced to cancel or change your arrangements due to Force Majeure (see clause EVENTS BEYOND OUR CONTROL).

If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.

OUR RESPONSIBILITY FOR YOUR PACKAGE

We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of the travel services specifically included in your Package, as set out in your confirmation invoice and the information we provided to you regarding the services prior to booking. Please note that we shall not be responsible for any additional services provided to you, whether provided by the travel service providers or otherwise, which are not set out in your confirmation invoice and the information we provided to you regarding the services prior to booking.
We will not be responsible or pay you compensation for any personal injury or death unless you are able to prove that it was caused by our negligence or the negligence of our suppliers
We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
1. the acts and/or omissions of the person affected; or
2. the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
3. Events Beyond Our Control (EVENTS BEYOND OUR CONTROL clause).
We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(a). loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
(b). Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.

(c) Claims in respect of international travel by sea and rail, or any stay in a hotel:
i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact 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.
ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004 to the extent it is enacted by the UK in any retained EU Law, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.

Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services set out in the confirmation invoice and the information we provided to you regarding the services prior to booking and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your Package you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this Package. The level of any such price reduction or compensation in respect of any claim for damages or compensation whatsoever will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your Package. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us

It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:
(a). which 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). relate to any business.

We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example, any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
Where it is impossible for you to return to your departure point as per the agreed return date of your Package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your Package. For the purposes of this condition, “unavoidable and extraordinary circumstances” may include warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.

IF YOU HAVE A PACKAGE COMPLAINT

We make every effort to ensure that your Package runs smoothly but if you do have a complaint during your holiday, please inform both the relevant supplier in resort and our office by emailing info@skigems.com within 24 hours and we’ll do our utmost to resolve the problem as soon as possible.

If the matter cannot be resolved whilst you are on holiday, you must also notify us of your complaint within 28 days in writing. When writing to us please provide us with full details of your complaint and your associated booking reference(s). 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 our ABTOT memberships. Please see below for further details.

DELAYS, MISSED TRANSPORT ARRANGEMENTS AND OTHER TRAVEL INFORMATION

If you or any member of your party misses your transport arrangements, it is cancelled, or you are subject to a delay of over 3 hours for any reason, you must contact us and the transport supplier concerned immediately.

Under UK Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at UK airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your Package price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.

We cannot accept liability for any delay which is due to any of the reasons set out in clause EVENTS BEYOND OUR CONTROL of these booking conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).

The carrier(s), flight timings and types of aircraft shown in this brochure or on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.

Please note the existence of a “UK Air Safety list” (available for inspection at https://www.caa.co.uk/commercial-industry/airlines/licensing/requirements-and-guidance/third-country-operator-certificates/) detailing air carriers that are subject to an operating ban within the UK.

Our website is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the transport providers mentioned herein or any transport provider whose services are used in the course of your travel arrangements.

PROMPT ASSISTANCE FOR PACKAGES

If, whilst you are taking part in your itinerary, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications 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 other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. 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.

SWIMMING POOLS

Swimming pools in France will generally be 27 degrees Celsius or lower and therefore slightly colder than in Britain. Please note, some of the swimming pools at the properties do not have depth markings and there will be no lifeguards on duty. Please also be advised that some French swimming pools require swimmers to wear swimming caps and trunks and not shorts

AIRPORT TRANSFERS

Where your holiday includes airport transfers to an airport to catch a flight we will make every reasonable effort to ensure you arrive at the airport in time for your flight. We shall have no liability for any delay or failure to arrange to carry you, or for breach of contract, where caused by a circumstance beyond our reasonable control. Circumstances beyond our control shall include, without limitation: cancelled flights, war or threat of war, mechanical breakdown, accidents causing delays on our service route, other unforeseen traffic delays, riot, demonstration or any other local disturbance, exceptional severe weather conditions, fire and/or damage at an airport or in resort, compliance with requests of the police, customs or other government officials and security services, vandalism and terrorism, strike/industrial action, problems caused by other customers, bankruptcy, insolvency or cessation of trade of any carrier used by us and other circumstances affecting passenger safety.

SECTION C – SINGLE ELEMENT BOOKINGS

This section applies to all Single Element bookings that you make with us (e.g. accommodation only) when we are acting in a Principal capacity. Please read this section in conjunction with Section A of these Booking Conditions.

IF YOU CHANGE OR CANCEL A SINGLE ELEMENT BOOKING

Changes:

If, after confirmation, you wish to change your Single Element booking in any way, the first named person on the booking must notify us emailing info@skigems.com as soon as possible . We will endeavour to make these changes if they are possible. Where we can meet a request, all changes may be subject to payment of an amendment fee of up to £100 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change.

Note: Certain Single Element bookings may not be changeable after confirmation and any alteration may result in a cancellation charge of 100%.

Cancellations:

If you, or any member of your party, decides to cancel your Single Element booking, you must notify us in writing by emailing info@skigems.com as soon as possible . This Your notice of cancellation will only take effect on the day it is received by us. The person to notify us of any cancellation must be the same first named person on the Single Element booking.

Should one or more member of a party cancel, it may increase the per person price of those still travelling and you will be liable to pay this increase.

Since we incur costs in cancelling your Single Element booking, you will have to pay the cancellation charges as follows:

Period before departure date within which written notification is received at our offices

Cancellation Charge

Time before you notify us Cancellation Fee

70 days or more Deposit Paid

69-29 days 60%

28-15 days 80%

Less than 15 days 100%

Important Note: Certain Single Element bookings may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% in addition to the charges above.

Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.

This clause outlines the rights you have if you wish to cancel your Single Element Booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

IF WE CHANGE OR CANCEL YOUR SINGLE ELEMENT BOOKING

We may in exceptional circumstances be required to cancel your Single Element booking. In which case, a full refund of all monies paid will be made to you. We regret we cannot meet any expenses or losses that you may incur as a result of such change or cancellation.

Very rarely, we may be forced due to Events Beyond Our Control (please see clause 3) to change or terminate Single Element booking after departure. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result.

OUR RESPONSIBILITY FOR SINGLE ELEMENT BOOKINGS

Subject to the remainder of this clause, we have a duty to select the suppliers of the services making up your Single Element booking with us, with reasonable skill and care. We have no liability to you for the actual provision of the Single Element booking, 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 suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the Single Element booking in question or any acts or omissions of the supplier, its employees or agents.

We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

the act(s) and/or omission(s) of the person(s) affected; or
the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.

We limit the amount of compensation we may have to pay you if we are found liable under this clause:
1. loss of and/or damage to any luggage or personal possessions and money,

The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.

Claims not falling under (a) above and which don’t involve injury, illness or death

The maximum amount we will have to pay you in respect of these claims is twice the price paid by you in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your Single Element booking.

It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.

Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.

Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your Single Element 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) relate to any business.

We will not accept responsibility for services or facilities which do not form part of our Single Element booking agreement or where they are not advertised by us. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.

Contact

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