Terms & Conditions

1. MAKING YOUR BOOKING

(a) The first named person on the booking ("party leader") must be authorised to make the booking on the basis of these booking conditions by all persons named on the booking and by their parent or guardian for all members who are under 18 when the booking is made. By making a booking the party leader confirms that he/she is so authorised and that all party members agree to be bound by these booking conditions. The party leader is responsible for making all payments due to us. The party leader must be at least 18 when the booking is made.

(b) Subject to the availability of your chosen arrangements, we will confirm your holiday by issuing a confirmation invoice.

(c) The confirmation invoice will be sent to the party leader. Please check this carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation, acknowledgement or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies in any document within 24 hours of you receiving it. We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so.

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2. PRICES, PAYMENTS AND DEPOSITS

(a) In order to confirm your chosen arrangements, you will be required to pay a deposit or make full payment for your booking at the time of booking. Where you only pay a deposit you must pay the full balance by the balance due date notified to you, this date will be shown on the confirmation invoice. If we do not receive all payments due (including any surcharge where applicable) in full and on time we are entitled to assume that you wish to cancel your booking in which case the cancellation charges set out in clause 7 will become payable.

(b) We reserve the right to increase or decrease the prices of unsold arrangements at any time. We also reserve the right to increase or decrease and correct errors in advertised prices at any time before your arrangements are confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking.

(c) Once the price of your chosen arrangements has been confirmed at the time of booking, we will only increase or decrease the price in the following circumstances. Price increases after booking will be passed on by way of a surcharge. A surcharge will be payable, subject to the conditions set out in this clause if our costs increase as a direct consequence of a change in (i) the level of taxes or fees on the travel services included in the contract imposed by third parties not directly involved in the performance of your chosen arrangements including tourist taxes, landing taxes or (ii) the exchange rates relevant to the arrangements. 

(d) You will also be entitled to a price reduction where there is a decrease in our costs as a result of a decrease in the costs referred to in this paragraph which occurs between confirmation of your booking and the start of your holiday.  

(e) Please note that arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your holiday due to contractual and other protection in place.

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3. YOUR CONTRACT

(a) Is with MS Travel Services Ltd a company registered in England with the company number 13248639, trading as Mammoth Ski Holidays ("we", "us", "our").

(b) A binding contract between us comes into existence when we issue our confirmation invoice to the party leader.

(c) We both agree that English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (“claim”) except as set out below. 

(d) We both also agree that any claim (and whether or not involving any personal injury) must 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. In this case, proceedings must either be brought in the courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).  

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4. ACCURACY

The information contained on our website or in any promotional materials is believed to be correct to the best of our knowledge at the time of publication. However, errors may occasionally occur and information may subsequently change.  You must therefore ensure you check. 

 

5. INSURANCE

(a) It is a condition of our acceptance of your booking that you obtain adequate and specialist insurance cover for all persons named on the booking to cover all the activities to be undertaken on the holiday whether as part of this contract or otherwise. This insurance must include cover for (i) cancellation or curtailment of your holiday as a result of circumstances outside your control (including accident or illness and inability to travel for other reasons), (ii) personal accident, (iii) personal liability, (iv) medical expenses and repatriation in the event of medical need. Please note, it is your sole responsibility to ensure that the travel insurance purchased is suitable for your particular needs, including without limitation, in respect of any pre-existing medical condition (which must be disclosed to the insurer prior to purchasing the policy.) 

(b) Please be aware that any advice against non-essential international travel (including as a result of the coronavirus pandemic) issued by the UK Foreign, Commonwealth and Development Office (or equivalent authorities outside the UK for citizens of those countries) may have an impact on your travel insurance. You must check the policy terms prior to purchasing your insurance. 

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6. CHANGES OR CANCELLATIONS BY YOU

(a) If you wish to change any part of your confirmed arrangements, you must inform us in writing as soon as possible. Changes may result in the recalculation of the holiday price where, for example, the basis on which the price of the original holiday was calculated has changed. Please see the table below for our flexible booking terms. 

(b) Please note that any booking discount you may have received at the time the original booking was made, maybe altered or reduced whenever changes are made.

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Our Flexible Booking Terms 

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*Travel restrictions are defined as i. closed borders of the country of departure or arrival, ii. Government restrictions locally preventing the arrival of international travellers to the resort, iii. FCO advise against all but essential travel to the destination country. 

** For clarity the need to self isolate or test on return does not constitute on its own as a travel restriction. 

(c) You may also transfer your booking or your place on the booking to someone else (introduced by you) without payment of our cancellation charges providing the request for the transfer is made in writing not less than 7 days before departure. The person(s) to whom you wish to make the transfer must also satisfy all conditions which form part of your contract with us. Requests for transfer must be accompanied by the name and other applicable details of the replacement person(s). 

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8. BEHAVIOUR AND DAMAGE

(a) 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 behave in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to any property, we are entitled, without prior notice, to terminate the booking of the person(s) concerned. In this situation, the person(s) concerned will be required to cease all use of the holiday services including leaving any accommodation. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses, costs or loss incurred as a result of the termination.

(b) You and/or your party agree that any accommodation provided as part of your arrangements is only for the use and enjoyment of the persons named on the confirmation invoice. You may not allow any other person to stay there, doing so will be in breach of your contract and will allow us or our suppliers to terminate your holiday accommodation. 

(c) You and/or your party will 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 (reasonably estimated if not precisely known) must be paid directly to the supplier (or us) prior to departure. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises. 

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9. EXCURSIONS AND ADDITIONAL ACTIVITIES

(a) We may provide you with information (before departure and/or when you are on holiday) about activities and excursions which are available in the area you are visiting. We usually have no involvement in any such activities or excursions which are not operated, supervised, controlled or endorsed in any way by us. They are usually provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 24(1) (in relation to single component bookings) of our booking conditions will not apply to them. We do not, however, exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.

(b) We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the area you are visiting generally or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If you feel that any of the activities or excursions referred to in our brochure, on our website and in our other advertising material which are not part of our contract are vital to the enjoyment of your holiday, write to us immediately and we will tell you the latest known situation. If we become aware of any material alterations to area information and/or such outside activities or excursions which can reasonably be expected to affect your decision to book a holiday with us, we will pass on this information at the time of booking.

(c) Where any activity or excursion is provided by us section B will apply on the basis that any booking is a single component booking.

 

10. PASSPORT, VISA AND IMMIGRATION REQUIREMENTS AND HEALTH FORMALITIES 

(a) You must check entry and other official requirements for all countries to or through which you are travelling as well as any requirements applicable on your return to your home country, at the time of booking and in good time before and close to departure. Requirements are likely to change and travel restrictions may be imposed (which could be at no or very short notice prior to departure). You must also keep up to date with this information while you are away. 

(b) It is your responsibility to ensure you obtain details of and comply with all recommended and required vaccinations, health precautions and other health-related measures (including those which are introduced to deal with coronavirus) in good time before departure. Details are available from your GP surgery, local travel clinic and the National Travel Health Network and Centre http://travelhealthpro.org.uk/. Information on health abroad is also available on www.NHS.uk/Live-well/healthy-body/before-you-travel.  For holidays in the EU/EEA whilst they remain valid you should obtain an EHIC (European Health Insurance Card) prior to departure from www.ehic.org.uk. An EHIC is not a substitute for travel insurance. Vaccination and other health requirements/recommendations are subject to change at any time for any destination, including at short or no notice. Please, therefore, check with a doctor or clinic or other reliable sources of information not less than 6 weeks prior to departure and also closer to departure to ensure that you are aware of and can meet the necessary requirements and have the latest information. Please be aware that there may be enhanced screening/monitoring at exit and entry points both in the UK and overseas. In certain situations and when arriving from certain countries, you may be required to self-isolate or quarantine for a set period on arrival. 

(d) It is the responsibility of the person who makes the booking to ensure that all persons travelling are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to obtain and carry all required documentation or to otherwise comply with all applicable requirements (including health/coronavirus related ones).  If failure to have any necessary travel or other documents results in fines, surcharges, other financial penalty, costs or expenses being incurred by us, you will be responsible for reimbursing us accordingly. If you are unable to travel as a result of failure or inability to comply with any health-related or other requirements, cancellation charges will apply as referred to in clause 7.

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11. FOREIGN OFFICE ADVICE

The UK Foreign Commonwealth and Development Office publishes regularly updated travel information which is relevant to your holiday on its website www.gov.uk/foreign-travel-advice and https://travelaware.campaign.gov.uk which you are strongly recommended to consult before booking as well as close to and in good time before departure. Up to date, UK border control measures are available at www.gov.uk/uk-border-control. 

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12. COMPLAINTS

(a) In the unlikely event that you have reason to complain or may have a basis for making a claim in respect of any aspect of your arrangements, you must tell us soon as possible whilst you are still on holiday and complete a customer service form so that we may assess your complaint and take such action to address it as is justifiable in all the circumstances. 

(b) In addition you must put any complaint in writing as soon as you return home and in any event so that it reaches us within 28 days of your return so that we might be in a position to make reasonable enquiries about it. 

(c) It is difficult for us to investigate complaints after the passage of time and therefore, you agree that in all cases (except only those involving personal injury or death) where a complaint is not received in writing within 28 days as outlined in 12 (b) we shall not be liable to pay any compensation in respect of such complaint.

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13.  UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES 

Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by, or you otherwise suffer any damage, loss or expense of any nature as a result of, unavoidable and extraordinary circumstances.  In these booking conditions, unavoidable and extraordinary circumstances mean a situation which is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, natural disaster, adverse weather conditions, fire, flood, an outbreak of a serious illness at your holiday destination, closure, restriction or congestion of airports, other transport hubs or airspace, flight restrictions imposed by any regulatory authority or other third party and volcanic activity.

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14. CONDITIONS OF SUPPLIERS

Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable international conventions or EU regulations. Copies of any relevant parts of these terms and conditions are available on request from us or the supplier concerned. Copies of the relevant parts of these terms and conditions and of the international conventions / EU regulations are available on request from ourselves or the supplier concerned.

 

15. Your Responsibility

It is your responsibility to:

(a) check that tickets, vouchers and travellers match and that every person on the booking form has appropriate travel documentation (including valid passports and visas), photo identification and insurance so that each person on the booking form is entitled to enter the country where the holiday is to take place;

(b) check that the details on the confirmation invoice (including room types and any extras such as lift pass and lessons) reflect what you wanted to book;

(c)  ensure that everyone is at the right airport in time to check-in and that transfer transport used from airport to accommodation and back will arrive in sufficient time;

(d) look after your own baggage and equipment and ensure that you are carrying no more than the permitted allowance;

(e) take care of the accommodation in which you stay and any equipment you hire or borrow during your holiday and in particular to take reasonable care to avoid being the cause of an accident during the course of your holiday activities;

(f) ensure that any equipment you use whether hired, borrowed or your own  (irrespective of whether it is provided by us or our suppliers) is suitable and sufficient for your purposes. In hiring, lending or allowing you to use the equipment we and our suppliers do not take any responsibility to assess your experience, ability or suitability to use the equipment or to advise you whether the equipment is suitable or appropriate for you or your needs. It is also your responsibility to ensure that equipment is in good condition and working order and to report any concerns you have about any malfunction or fault immediately;

(g) be responsible for any damage to or theft or loss of any equipment hired or borrowed during your holiday as well as damage you cause to other persons or their property or equipment and you will indemnify us against all claims, liabilities, loss, damage, expense, interest and costs whether direct or indirect that we may suffer or incur as a result of you or any person on the booking form causing injury, loss or damage to other persons or property; 

(h) carry adequate insurance cover against the risk that as a result of your use of equipment you cause damage either to the equipment or to other persons and/or their property. You should note that it is a condition of hiring, borrowing or use of any equipment during your holiday;  

(i) provide us with your detailed and accurate contact information so that we can keep you informed about your holiday plans;

(j) make your room allocation requests or preferences clear to reduce the risk of errors; 

(k) provide clear and detailed information to us if any person undertaking any of our holiday activities suffers from any allergy, illness or disability;

(l) recognise that many holiday activities are vigorous and adventurous and/or involve some incidental risk of injury and it is your responsibility to ensure that you have the required level of fitness and skill to participate in such activities. In particular, if you are travelling with children they remain your responsibility and you should exercise care in deciding whether your children are capable of undertaking the activities that are selected for or by them. Our local staff and suppliers are not teachers or childminders and are not to be considered in loco parentis;

(m) inform any guide, supervisor, representative or instructor  immediately in the event that you consider any activity  to be unsafe or inappropriate for yourself or any other person participating; 

(n) behave responsibly when participating in sailing and other watersports activities. Whilst support boats are often available for teaching, training and general assistance for participants in watersports and sailing, they are not a rescue or emergency service and are not always crewed by qualified instructors or rescuers. We and our suppliers are not responsible to provide emergency or rescue services to you whilst participating in sailing or watersports;

(o) provide our suppliers with accurate information regarding your sailing qualifications and experience during your initial assessment and to raise any concerns or questions you may have regarding the usage of the yacht at your training sessions. Please note that it is your responsibility to ensure that you have the correct qualifications and evidence of those qualifications with you on holiday. You will not be able to charter a yacht without these. If you do not have the correct certificates, documentation or experience you may be required to hire a local skipper at your own cost. You should note that skippers are not always available unless booked in advance.

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16. SINGLE COMPONENT BOOKING CHANGES /CANCELLATIONS BY US 

(a) We start planning the arrangements we offer many months in advance. Occasionally, we have to make changes to and correct errors in advertising and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. 

(b) Please bear in mind that coronavirus and the measures and other action being taken by governments, public authorities and businesses to manage its effects (including implementation of social distancing) is likely to have an impact on holiday arrangements for a considerable period of time. 

(c) We may, for example, be unable to provide certain advertised services or facilities as a result. Such measures/action may be introduced or changed with little or no prior notice. Greater flexibility is therefore likely to be required for the foreseeable future which we would ask you to bear in mind at all times, both before and after departure.

(d) Any impact which such measures/action has on your arrangements will not constitute a significant alteration to your contracted arrangements and will not entitle you to cancel without payment of the applicable cancellation charges as a result.

(e) In the event that your arrangements cannot proceed because your single component booking is not available for any reason (except as set out below in this clause) and we are unable to provide a reasonable alternative, we will refund the payments you have made to us for your booking. We will not be responsible for any other expenses including without limitation, the cost of flights or any other form of transport. 

(f) If in the 14 calendar days prior to the start of your arrangements your booking cannot proceed due to the following reasons linked to the coronavirus pandemic you will be entitled to a credit note for 100% of the booking cost to be used with us at any point up until the end of the 2022/2023 season. The accepted coronavirus related reasons for cancellation are as follows:

I. The authorities of the country to where you are travelling impose regional or national restrictions which result in the closure of their border to non-residents, closure of the resort or essential facilities or necessitate the closure of your accommodation.  Ii. The FCO advises against travel for all but essential purposes. 

(g) Please note, a refund will only be provided where we are unable to provide your contracted accommodation in the circumstances referred to above. Without limitation you will not be entitled to a refund and cancellation charges are likely to apply where you are unable to travel on holiday for any reason. 

(h) Occasionally, it may be necessary to cancel a confirmed booking because the minimum number of bookings necessary for us to operate your holiday, activity or excursion has not been achieved and we notify you of cancellation for this reason. Where we have to cancel your booking in this instance, we will refund all monies you have paid to us but will have no further or other liability to you including in respect of compensation or any costs or expenses you incur or have incurred as a result. We will of course endeavour to offer you alternative holiday or activity arrangements where possible which you may choose to book (at the applicable price) in place of those cancelled. We also have the right to cancel if you fail to make payment in accordance with the terms of your contract in which case clause 7 will apply. 

(j) Without limitation, you will not be entitled to a full refund and cancellation charges are likely to apply where such circumstances affect your ability to travel on your holiday rather than our ability to perform or provide the contracted arrangements. This may be the case, for example, where measures applied by the UK or any other government or public authorities (such as locally applicable restrictions) mean you are unable to leave your home/local area and/or travel to or gain entry into the country(ies) where your holiday is due to take place. The issue of advice or recommendations against travel by public authorities (such as the UK Foreign, Commonwealth and Development Office) does not automatically mean we are prevented from performing your holiday arrangements but may instead affect your ability to travel. Any obligation to quarantine or self-isolate on your return to your country of residence does not affect our ability to provide your holiday and will not entitle you to cancel without paying our usual cancellation charges.

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17. OUR LIABILITY IN RESPECT OF SINGLE COMPONENT BOOKINGS 

(a) We undertake to use our reasonable skill and care in the provision of any services which are provided by our employees in the course of their employment. For all services which are provided by any person or entity other than our employees, we undertake to use our reasonable skill and care in the selection of those suppliers, we will be responsible for booking the service, paying for it and passing on any essential information. Providing we have done this we are not responsible for their acts and omissions or for the actual performance of those services. 

(b) We will not be responsible for any injury, illness, death, loss (including loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: - 

- the act(s) and/or omission(s) of the person(s) affected; or 

- the act(s) and/or omission(s) of a third party not connected with the provision of your arrangements; or 

- 'unavoidable and extraordinary circumstances as defined in clause 13 above 

(c) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which any supplier agrees to provide for you where we have not agreed to provide these as part of our contract and any activities which we arrange for you during your holiday. Regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.

(d) Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £250.00 per person affected. Any payment is subject to your producing appropriate proof of the contents and value of the luggage or personal possessions concerned and demonstrating that you have taken proper care of your property. 

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