Peak Retreats Booking Conditions
It is important that you read and understand the following booking conditions. Together with the general information on this website, FAQs or in the brochure, together with any other written information we brought to your attention before we confirmed your booking and the literature describing your holiday components, they will form part of the holiday promise.
If you would like further clarification on any aspect, please call us on 023 9283 9310
Your contract is between all persons named on your booking form ('you') and Peak Retreats Ltd (registered in England 4382873) ('us') and is made under the law of England.
Sections
SECTION A - All bookings
Pricing
Changing or amending your booking
Passports, VISAs, health requirements and insurance
Liabilities
- Your accommodation and safety
- OUR liability to you
- Travel delays and cancellations
- Additional assistance & excursions
Complaints
Other
SECTION B - Package Holiday bookings
Your booking is with: Peak Retreats Limited, 2.4 Central Point, Kirpal Road, Portsmouth PO3 6FH.
PLEASE NOTE: Our obligations to you will differ depending on what services you book with us and whether or not they create a Package. We have tried to set out our obligations as clearly as possible below.
Where your booking is for a Package, 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').
Where you have booked a non-package, or just a single component booking with us, such as accommodation-only (for example solely an apartment or hotel booking), we will still act as Principal (meaning your contract will be with Peak Retreats Limited for the accommodation-only or non-package booking).
Section A shall apply to all bookings made with us.
Please see Section B for the specific additional terms and conditions which apply to your Package holiday booking with us.
SECTION A: All bookings
1. ABTA
Book with Confidence. We are a Member of ABTA, membership number W5537. We are obliged to maintain a high standard of service to you by ABTA's Code of Conduct.
2. PRICES
We reserve the right to alter the prices of any of the holidays/holiday components shown in our brochure or on our website. You will be advised of the current price of the holiday/holiday component that you wish to book before your contract is confirmed or amended when adding a holiday component. Changes in taxes such as French VAT applicable for services like accommodation or ski extras mean that the price of your holiday/travel arrangements may change after you have booked.
3. CONFIRMATION
When you make your booking a contract will exist only as soon as we have issued you with a booking confirmation invoice that will confirm the details of your booking. This booking is made on the terms of these booking conditions. When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. We strongly suggest that you do not make independent arrangements linked to the accommodation, such as flights until then. It is important that you check all your details shown on the confirmation invoice carefully to ensure they are correct as this forms the basis of the contract. Any discrepancies should be brought to our attention within 7 days of issue otherwise the details shown on the confirmation invoice will be presumed to be correct.
4. PAYING FOR YOUR HOLIDAY
When you make your booking you must pay a deposit of 25% of the holiday cost. The balance of the price of your travel arrangements must be paid at least 10 weeks before your departure date. If the booking is made less than 10 weeks prior to departure, the total cost of the holiday is payable immediately. If the deposit and/or balance is not paid in time, we shall cancel your travel/accommodation arrangements. If the balance is not paid in time, we shall retain your deposit and apply cancellation charges as set out below.
5. IF YOU CHANGE YOUR BOOKING
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example, your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking. Minor amendments (i.e. change of car or addition of passengers) are made free of charge up to 4 weeks before departure. For other amendments, you will be asked to pay an administration charge of £25, and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. You can transfer your booking to another person, who satisfies all the conditions that apply to this booking, by giving us notice in writing as soon as possible and no later than 7 days before departure. Both you and the new traveller are responsible for paying all costs we incur in making the transfer including an administration charge of £25.
Note: Certain travel arrangements (e.g. Train Tickets) may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.
6. IF YOU CANCEL YOUR HOLIDAY
You, or any member of your party, may cancel your travel/holiday arrangements at any time. Written notification from the person who made the booking on your behalf must be received at our offices. Since we incur costs in cancelling your travel/holiday arrangements, you will pay the applicable cancellation charges up to the maximum shown in clause 7. Unused or partly used holiday elements such as lift passes, ski lessons, equipment hire or en-route hotels will be treated as a full cancellation and cannot be refunded. Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
7. IF WE CHANGE OR CANCEL YOUR HOLIDAY
It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. However, we will not cancel your travel arrangements less than 10 weeks before your departure date, except for unavoidable and extraordinary circumstances, or failure by you to pay the final balance. Unavoidable and extraordinary circumstances means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. If we are unable to provide the booked travel arrangements, you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us; if available (we will refund any price difference if the alternative is of a lower value). If it is necessary to cancel your travel arrangements, we will pay to you compensation as set out in this clause except where the cancellation is due to unavoidable and extraordinary circumstances (see definition above).
Please note that carriers such as ferry companies or train companies may be subject to change. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward/return crossing by less than 12 hours, change of accommodation to another of the same standard, temporary withdrawal of facilities or seasonal availability of amenities.
If we make a major change to your holiday, we will inform you as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your booked holiday and receiving a full refund of all monies paid. Please respond promptly to any notification of changes as if you do not respond within the timescale given your booking may be cancelled. In all cases, except where the significant change or cancellation is due to unavoidable and extraordinary circumstances (see above), we will pay compensation as detailed below:
|
Period before departure within which notice of cancellation or major changes is received by us or notified by you |
If we make a major change to your holiday |
If we cancel your holiday |
If you cancel your holiday |
|
|
Amount you will receive from us |
Amount you will receive from us |
Amount of cancellation charge |
|
More than 42 days |
Nil |
Deposit only (or 25% of holiday cost) |
Deposit only (or 25% of holiday cost) |
|
Between 41 & 28 days |
£20** |
100% of holiday cost* +£20** |
45% of holiday cost* |
|
Between 27 & 14 days |
£30** |
100% of holiday cost* +£30** |
60% of holiday cost* |
|
Between 13 & 9 days |
£35** |
100% of holiday cost* +£35** |
75%of holiday cost* |
|
Between 8 & 0 days |
£40** |
100% of holiday cost* +£40** |
100% of holiday cost* |
* The holiday cost for cancellations is defined as the total invoiced amount.
** per adult (+16yrs)
8. PASSPORTS, VISAS, HEALTH REQUIREMENTS & INSURANCE
Your specific passport and visa requirements and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
Customers are reminded that they should check with their own doctor for advice on medical requirements of the host countries. We recommend you apply for a UK Global Health Insurance Card (GHIC). If you already have a European Health Insurance Card (EHIC), this will still be valid until its expiry. The GHIC or EHIC entitles you to state provided medical treatment that may become necessary during your trip to an EU country (it is not valid in Switzerland). Any treatment provided in France is on the same terms as French nationals. The GHIC and EHIC do not cover all health-related costs, for example medical repatriation, ongoing medical treatment and non-urgent treatment.
Personal and medical travel insurance including Winter Sports cover (if you take part in winter sports activities) is a vital aspect to booking a holiday, giving you protection not only against some forms of cancellation but also unforeseen circumstances that could otherwise spoil your holiday. It is also a requirement of the French government that you are able to show proof of insurance for your trip to France. With this in mind, we require that all our clients have adequate cover in place and by proceeding with this booking you confirm that you and members of your party have or will have suitable travel insurance cover in place prior to the holiday.
9. YOUR ACCOMMODATION & SAFETY
You undertake to accept the holiday accommodation allocated to your booking and to take responsibility and exercise reasonable care in respect of your accommodation and its equipment. It is our aim at Peak Retreats that your holiday is safe and trouble free. We are actively working to raise safety standards of accommodation overseas and will, of course, do our best to ensure that. In return, we ask that you be mindful of your own duty of care and give thought to your own and other members of your party's safety whilst you are away. Local regulations may mean that the layout and services within your accommodation are different from those to which you may be accustomed. Accommodation compliance is always with respect to local regulations. Current travel advice is readily available from the Foreign, Commonwealth & Development Office (FCDO) (www.gov.uk/foreign-travel-advice)
10. OUR LIABILITY TO YOU
If the contract we have with you is not performed or is improperly performed by us or our suppliers, you must inform us without undue delay, we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Equally we will not be responsible for your disappointment as a result of unrealistic expectations. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of 3 times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to: a) The contractual terms of the companies that provide the travel services that make up your booking. These terms are incorporated into this booking; and b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of and conditions under which compensation can be claimed for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of the extent of or the conditions under which compensation is to be paid under these or any conventions. You can ask for copies of the transport companies' contractual terms, or the international conventions, from our offices.
11. TRAVEL DELAYS AND CANCELLATIONS
As we only book clients on scheduled transport services we rely on the respective carriers to handle arrangements for our clients in the event of delays and cancellations.
12. ADDITIONAL ASSISTANCE & EXCURSIONS
Excursions or other tours and activities that you may choose to book or pay for whilst you are on holiday are not part of your holiday provided by us. For any excursion or other tour and activity that you book independently, your contract will be with the operator of the excursion, tour or activity and not with us. We are not responsible for the provision of the excursion, tour or activity or for anything that happens during the course of its provision by the operator.
If you're in difficulty whilst on holiday and ask us to help, we will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur if the difficulty is your fault. In any case we limit the cost of our assistance to you or any member of your party to £5,000.
13. ANY PROBLEMS – COMPLAINTS
We are confident that you will enjoy your holiday but in the unlikely event that you do encounter a problem, you must immediately notify the relevant local owner, caretaker, supplier who will endeavour to put things right. If your complaint cannot be resolved locally, please contact us straightaway on +4423 9283 9310 and we will endeavour to assist. If you are still not satisfied please follow this up within 28 days of your return home by writing to us at 2.4 Central Point, Kirpal Road, Portsmouth, Hants PO3 6FH or emailing us at management@peakretreats.com giving your original booking reference number and all other relevant information. Please keep your letter/email concise and to the point. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.
It is always our aim to settle any disputes amicably. However, should this not be possible we can offer you ABTA’s scheme for the resolution of disputes, which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
14. LAW AND JURISDICTION
This booking is governed by English Law, and the jurisdiction of the English Courts. You may, however, choose the law and jurisdiction of Scotland or Northern Ireland if you live there and wish to do so.
15. WEBSITE ACCURACY
Whilst every effort is made to ensure the accuracy of the website, regrettably errors do occasionally occur. At any time changes can take place that are beyond our control. You must, therefore, ensure that you check all details of your chosen holiday (including the price) with us at the time of booking. On occasions, especially during low season, certain facilities or amenities such as all ski lifts operating, restaurants and other local facilities etc may not be open or available as advertised due to maintenance, weather conditions, lack of demand or for other reasons outside our control. We plan our holiday programme many months in advance and therefore it may sometimes be necessary to make changes to the holidays described on the website. We, therefore, reserve the right to change any holiday details, including the price, before you book, in which case we will tell you before the holiday contract takes effect.
16. PRIVACY POLICY
Please be assured that we have measures in place to protect the personal booking information held by us. This information will be passed on to the relevant suppliers of your travel arrangements. The information may also be provided to public authorities such as customs or immigration if required by them, or as required by law. Certain information may also be passed on to security or credit card checking companies. This applies to any sensitive information that you give us such as details of disabilities, or dietary requirements. If we cannot pass this information to the relevant suppliers, we will be unable to provide your booking. In making this booking, you consent to this information being passed on to the relevant persons. Full details of our data protection policy are available upon request.
17. GENERAL
Travel bookings are made subject to the terms and conditions of transport operators, for whom Peak Retreats act as agents. The relevant carriers ‘Conditions of Carriage’ will apply to your journey, some of which exclude or limit liability. Copies can be made available on request. Transport operators featured assume no responsibility for the contents of this website. Commercial card payments will incur a 1.85% charge in respect of all transactions. The maximum number of occupants for each accommodation unit detailed in our description should under no circumstances be exceeded. Our suppliers are instructed to refuse admission or evict as necessary to comply with this condition. We will always pass on any special requests and try to meet them but cannot guarantee to do so. However please note that special requests do not form part of our contractual agreement. The general information pages and FAQs on our website must also be read in conjunction with the above booking conditions.
SECTION B: Package Holiday bookings
What is a Package Holiday booking:
This section shall apply to all bookings where you have booked a combination of at least two different types of the following individual travel services, for the purpose of the same trip or holiday:
(a) carriage of passengers (e.g. Eurotunnel LeShuttle, Eurostar or ferry); or
(b) accommodation; or
(c) motor vehicle hire; and
(d) any other tourist service not intrinsically part of one of the above travel services,
provided that those travel services are purchased together from a single call to our reservations team, or single visit to our website and 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 where you have made a booking with us which consists of not more than one type of travel service as 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 component' or non-package bookings and the terms and conditions at Section A will apply.
Additional terms that apply to Package Holiday bookings:
1. PROTECTING YOUR MONEY
The Package Travel and Linked Travel Arrangements Regulations 2018 require us to provide security for the monies that you pay for the package holidays booked from this website or via our call centre and for your repatriation in the event of our insolvency.
We provide full financial protection for our package holidays by way of a bond held by ABTA - The Travel Association, 30 Park Street, London, SE1 9EQ, www.abta.com. You agree to accept that in the event of our insolvency ABTA may arrange for the services you have bought to continue, or for a suitable alternative to be provided at the same cost as your original booking. You also agree to accept that in circumstances where the travel service supplier provides the services you have bought, you agree to pay any outstanding sum under your contract with us to that alternative travel service provider. However, you also agree that in some cases the services will not be provided, in which case you will be entitled to make a claim under ABTA's Scheme of Protection (or your payment card issuer where applicable) for a refund of the monies you have paid.
2. PRICES
Once you have made a booking with us, there will be no change in the price within 20 days of your departure. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes any amendment charges. You will be charged for the amount over and above that. If this means that you have to pay an increase of more than 8% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel for this reason, you must do so within 14 days from the date printed on your final invoice. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. We will deduct from this refund our administrative expenses incurred. 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.
We will observe advice provided by the UK Foreign, Commonwealth and Development Office.
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