Terms & Conditions
Ski Miquel Booking Conditions
The following Booking Conditions form the basis of your contract with Ski Miquel Limited trading as Ski Miquel Holidays. Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions and agree to them.
Except where otherwise stated, these booking conditions only apply to holiday arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you.
In these booking conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them, as the context requires. “We”, “us” and “our” means Ski Miquel Limited. References to “departure” are to the start date of the arrangements we have contracted to provide.
1) Making your booking
To make a booking, either the first named person on the booking (“party leader”) can provide us with all relevant details over the phone or we can provide you with an electronic booking form to complete. Telephone bookings require payment by credit or debit card of the amount then payable (see clause 2). The party leader must be at least 18 when the booking is made and is responsible for making all payments due to us. This individual 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 party members who are under 18 when the booking is made. By making the booking request, the party leader confirms that he or she is so authorised, and that they also have the consent of the individual passengers on the booking for their details to be shared with the other members of the group, including all details on the invoice (for example, names, dates of birth, costs, monies paid, etc).
Subject to the availability of your chosen arrangements and receipt of the amount payable at the time of booking, we will confirm your holiday by issuing a confirmation invoice. The invoice or a link to download the invoice will be sent to the party leader. Please check any invoices carefully as soon as you are able to view them. The party leader is responsible for ensuring all details on the booking are correct and must either edit them on the online portal or contact us immediately if any information which appears on the confirmation 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 (for which we are responsible) in any document as soon as possible and in any event within 10 days of our sending it out. 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.
If you wish to, you may contact us by email for any of the reasons mentioned in these booking conditions (for example, to request an amendment) providing you do so to the following email address: ski@skimiquel.co.uk
2) Payment
In order to confirm your chosen holiday, a deposit of £175 per person (or the full holiday cost if booking within 10 weeks of departure) must be paid at the time of booking.
The balance of the holiday cost must be received by us not less than 10 weeks prior to departure. 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 this case, we will be entitled to keep all deposits paid or due at that date. If we do not cancel straightaway because you have promised to make payment, you must pay the cancellation charges shown in clause 7, depending on the date we reasonably treat your booking as cancelled.
3) Your contract
A binding contract between us comes into existence when we issue our confirmation invoice to the party leader or when the first deposit payment of the booking is paid, whichever happens first.
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.
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).
Changes to these booking conditions will only be valid if agreed by one of our directors in writing.
4) The cost of your holiday
Please note that changes and errors do occasionally occur. You must check the price of your chosen holiday at the time of booking.
We reserve the right to increase or decrease and correct errors in advertised prices at any time before your holiday is confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking. We also reserve the right to withdraw from sale prior to departure ski pack items where prices are affected or likely to be affected by major currency fluctuations or other events or circumstances outside our control. Please note that the reduced cost of Air Passenger Duty (APD) for children under 16 is already factored into our holiday package prices.
Once the price of your chosen holiday 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 price of the carriage of passengers resulting from the cost of fuel or other power sources or (ii) 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 the package including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports or (iii) the exchange rates relevant to the package or (iv) an increase in inflation directly effecting the cost of utilities, food and wine.
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.
If any surcharge is greater than 8% of the total holiday cost, clause 9 will apply on the basis the surcharge is a significant change. You will be notified of any price increase or reduction applied in accordance with this clause together with the justification for and calculation of this not less than 20 days before departure. Where a reduction is applicable, we are entitled to deduct our administrative expenses from the refund. Any surcharge must be paid with the balance of the holiday cost or within 14 days of the issue date printed on the invoice, whichever is the later.
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.
When selling ski pack items we are doing so as an agent/supplier and not as a principal.
Please note that any ski pack items purchased in advance are non-refundable, so in the event of illness or injury you would need to make a claim to your insurers for any unused lift pass or rented equipment.
5) Special requests and medical conditions / disabilities / reduced mobility
If you have any special request, you should advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. For your own protection, you should obtain confirmation in writing that a special request will be complied with (where it is possible to give this) if it is important to you. Any special request which we have accepted will be specifically confirmed as accepted on your confirmation invoice.
We will assign rooms in our own chalet-hotels based on guest requirements. We can accept requests for room preferences, but we cannot guarantee the allocation of specific rooms, and we reserve the right to change room allocations at any time.
Our holidays may not be suitable for people with certain disabilities, medical conditions, or significantly reduced mobility. Before you make your booking, we will advise you as to whether the proposed holiday arrangements are generally suitable for someone with reduced mobility. However, reduced mobility of course means different things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause of disability.
Should you suffer from any medical condition, disability or significant reduction in mobility which may affect your holiday (including any which affect the booking process) or have any special requirements as a result, please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any material change in your condition, disability or mobility occurs. You must also promptly advise us if any medical condition, disability or reduced mobility which may affect your holiday develops after your booking has been confirmed.
6) Changes by you
Please inform us of errors or changes as soon as possible, errors will be corrected, changes made if possible. Where a requested change can be made, an amendment fee of £35 per booking is payable together with any costs or charges incurred or imposed by any of our suppliers. A change of holiday dates and/or location will normally be treated as a cancellation of the original booking and rebooking, in which case cancellation charges will apply. 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.
You may 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). Where a transfer to a person of your choice can be made, all costs and charges incurred or imposed by any of our suppliers, together with an amendment fee of £35 must be paid before the transfer can be effected.
As flight bookings cannot usually be changed after a reservation has been made, name changes, other alterations and cancellation affecting a flight are likely to incur a 100% cancellation charge and the applicable cost of rebooking the flight(s) in question.
7) Cancellation by you
You may cancel your confirmed booking at any time before departure. You may also transfer your booking as referred to in clause 6. If you want to cancel your booking after we have confirmed it, you must do so by email or by posting or hand delivering written notice of cancellation to us. Your notice of cancellation will only be effective when it is received in writing by us at our offices. We will ask you to pay cancellation charges on the scale shown below, based on your original booking departure date. In calculating these cancellation charges, we have taken account of possible cost savings and the generation of income from other bookings which may be able to utilise cancelled services to the extent this is likely to be achievable. Cancellation charges are calculated on the basis of the total cost payable by the person(s) cancelling, excluding insurance premiums and any amendment charges (which are not refundable in the event of cancellation).
Period before departure within which written Cancellation charge per
notification of cancellation is received by us: person cancelling:
More than 10 weeks before departure: £175 per person
70 days to 49 days: 50%
48 days to 28 days: 75%
27 days or less: 100%
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) from your travel insurer. Claims must be made directly to the insurance company concerned after you have paid the applicable cancellation charge to us.
Where any cancellation reduces the number of full-paying party members and affects a group discount (see clause 25) or other discount, we will need to recalculate the price and/or any concessions agreed for your booking and adjust the cancellation fee, and we will then re-invoice you accordingly. A single room supplement will be payable if a cancellation results in a room being occupied by only one person.
8) Insurance
We consider comprehensive travel insurance to be essential. It is a condition of our accepting your booking that all members of your party are covered by appropriate travel insurance, which must be purchased at the time of booking. 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, (v) personal effects and money. If all party members have not purchased appropriate travel insurance prior to any claim, liability or loss arising which we could reasonably expect to be covered by travel insurance, we cannot accept any liability for that claim, liability or loss.
You must provide us with details of your travel insurer, policy number and insurer emergency contact information in writing if requested to do so. If you do not already have suitable travel insurance in place, then you may wish to consider arranging a policy through MPI Brokers - You can find further details on our dedicated travel insurance page.
Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We do not check alternative insurance policies.
9) Changes and cancellation by us
(1) Changes to confirmed bookings sometimes have to be made and we reserve the right to do so in accordance with this clause 9. Most changes will be insignificant and we have the right to make these. Where an insignificant change is made before departure, we will notify you in writing. No compensation is payable for insignificant changes. All alterations which are not specifically identified as significant in these booking conditions will be treated as insignificant changes. A change of accommodation to another of a similar standard and with similar facilities or ski resort to another with comparable skiing opportunities will be treated as insignificant changes. Occasionally, before departure, we may be constrained by circumstances beyond our control to make a significant alteration to any of the main characteristics of the travel services which form part of your confirmed booking or to any special requirements which we have accepted as referred to in clause 5. Where we have to do so, clauses 9(3) and 9(4) will apply.
(2) All alterations which are not significant in accordance with clause 9(1) will be treated as insignificant changes. Carriers such as airlines may be subject to change. Any such change will not be significant. A change of flight time of less than 12 hours, airline, departure airport between London airports (Gatwick, Heathrow, Luton, Stansted or London City), type of aircraft (if advised), destination airport or accommodation to another of a similar standard with similar facilities and in a comparable location to the original accommodation will also all be treated as insignificant changes. 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. 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. Any impact which such measures / action has on your holiday 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.
(3) In the event we have to significantly alter any of the main characteristics of your confirmed arrangements or accepted special requirements, we will provide you with the following information in writing as soon as possible: (i) the proposed alteration and any impact this has on the price; (ii) in the event that you do not wish to accept the alteration, details of any alternative holiday arrangements we are able to offer (including the applicable price); (iii) your entitlement to cancel your booking and receive a full refund if you do not want to accept the alteration or any alternative holiday arrangements offered; and (iv) the period within which you must inform us of your decision and what will happen if you don’t do so.
(4) If you choose to cancel your booking in accordance with clause 9(3), we will refund all payments you have made to us within 14 days of the date the cancellation takes effect (which will usually be the date we send you a cancellation invoice). If we don’t hear from you with your decision within the specified period (having provided you with the above mentioned information for a second time), we will cancel your booking and refund all payments made to us within 14 days of the effective date of cancellation (see above). No compensation will be payable or other liability accepted where a change results from unavoidable and extraordinary circumstances (see clause 10).
(5) Occasionally, it may be necessary to cancel a confirmed booking. We have the right to terminate your contract in the event we are prevented from performing your contracted holiday arrangements as a result of unavoidable and extraordinary circumstances (see clause 10) and we notify you of this as soon as reasonably possible. Where we have to cancel your booking in these circumstances, we will refund all monies you have paid to us within 14 days of the effective date of termination (see clause 9(4)) 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. We will of course endeavour to offer you alternative holiday 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.
(6) Please note, a full refund entitlement only arises where we are prevented from performing your contracted holiday arrangements as a result of unavoidable and extraordinary circumstances in accordance with clause 9(5) and we exercise our right to cancel as a result. 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. This may be the case, for example, where restrictions applied by the UK or any overseas government or public authorities mean you are unable to leave the UK and/or travel to or gain entry into the country/countries where your holiday is due to take place. The issue of advice or recommendations against travel by public authorities (such as the Foreign & Commonwealth Office) does not automatically mean we are prevented from performing your holiday arrangements but may instead affect your ability to travel. Cancellation charges will be payable in the event that you choose not to travel, even if we subsequently decide to cancel holidays to that destination.
(7) In the event that unavoidable and extraordinary circumstances (see clause 10) occur in the place of destination of your holiday or its immediate vicinity and significantly affect the performance of the contracted arrangements or the carriage of passengers to that destination, you will be entitled to cancel prior to departure without payment of cancellation charges and receive a full refund of all monies you have paid to us (except for any previously incurred amendment or cancellation charges). Where applicable, you must notify us of your wish to cancel for this reason in writing. Providing we are in agreement that you are entitled to do so in accordance with this clause, we will send you a cancellation invoice to confirm the cancellation. Any refund then due will be paid within 14 days of this date. We will notify you as soon as practicable should this situation occur. You will not be entitled to any compensation.
8) Where your holiday is curtailed due to unavoidable and extraordinary circumstances, we will only be obliged to make a refund to the extent that we are able to obtain any refunds from our suppliers.
10) 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, exceptional adverse weather conditions, fire, flood, an outbreak of 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. Unavoidable and extraordinary circumstances also include the coronavirus pandemic and its impact such as travel restrictions and the measures and other action being taken by governments, public authorities and businesses to control and manage its effects (such as the implementation of social distancing).
11) Our liability to you
(1) We promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury, or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
(2) We will not be responsible for any injury, illness, death, loss (for example, loss of enjoyment or loss of possessions), damage, expense, cost or other sum or claim of any nature or 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 holiday and which were unforeseeable or unavoidable; or
‑ unavoidable and extraordinary circumstances as defined in clause 10 above.
(3) 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 the services or facilities are not advertised by us on our website and we have not agreed to arrange them as part of our contract and any activities or additional services you purchase during your holiday. Please also see clause 17 “Activities, additional services and general area information”. In addition, 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.
(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract, and the laws and applicable standards of the country in which your claim occurred, will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which give rise to the claim were provided in compliance with the applicable local laws and standards, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and standards of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim concerns the absence of a safety feature which might lead a reasonable holidaymaker to refuse to take the holiday in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 11(1). We do not make any representation or commitment that all services will comply with applicable local laws and standards and failure to comply does not automatically mean we have not exercised reasonable skill and care.
(5) Except as set out in clause 11(6) or as otherwise permitted by English law, we do not limit the amount of damages you are entitled to claim in respect of personal injury or death which we or our employees have caused intentionally or negligently. For all other claims, if we are found liable to you on any basis, the maximum amount we will have to pay you is three times the total holiday cost (excluding any insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total, unless a lower limitation applies to your claim under clause 11(6). This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
(6) Where any claim concerns or is based on any travel arrangements (including without limitation, the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies where we have arranged that travel as part of our contract, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which damages / compensation will be payable) will be limited as if we were the carrier in question as referred to in this clause 11(6). The most we will have to pay you for that claim if we are found liable to you on any basis is the most the carrier concerned would have to pay you under the international convention or EU regulation which applies to the travel arrangements in question. Such conventions and regulations include the Warsaw Convention as amended or unamended and the Montreal Convention 1999 for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, EC Regulation 392/2009 on the liability of carriers of passengers by sea in the event of accidents and the Athens Convention relating to the carriage of passengers and their luggage by sea 1974 for international travel by sea (as amended by the 2002 protocol), the Convention on Limitation of Liability for Maritime Claims as amended by the 1996 protocol and the Convention of 1980 concerning International Carriage by Rail (COTIF) as amended. Where a carrier would not be obliged to make any payment to you under the applicable international convention or EU regulation (including where any claim is not notified and issued in accordance with the stipulated time limits), we, similarly, are not obliged to make a payment to you for that claim. When making any payment, we will deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable international conventions and EU regulations are available from us on request. Please note that strict time limits apply for notifying loss, damage or delay of luggage to the airline or ferry / cruise operator. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable convention or EU regulation.
(7) We cannot accept any liability for any damage, loss, expense or other sum(s) of any nature or description which (a) on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers or (c) relates to any business (including without limitation, loss of self-employed earnings).
12) Complaints and claims procedure
In the unlikely event you have any reason to complain or may have a basis for making a claim in respect of any aspect of your holiday arrangements, you must immediately inform our local representative or agent (if we have one) and the supplier of the service(s) in question. The issue can then be promptly investigated and, where appropriate, steps taken to resolve the situation. Any verbal notification must be put in writing and given to our representative / agent and the supplier as soon as possible. If we do not have or you cannot contact our local representative or agent and/or the situation is not resolved to your satisfaction within a reasonable time, you must contact us in the UK as soon as possible. You will be provided with contact details to enable you to do so before you go on holiday. Until we know about a complaint or problem, we cannot begin to resolve it. Most issues can be dealt with quickly.
In the event a complaint or problem is not resolved to your satisfaction locally and you wish to pursue the matter, you should contact us in writing with full details within 28 days of your return from the holiday.
If you fail to follow the simple procedure set out in this clause, we are unlikely to be in a position to properly investigate the matter and may have been deprived of the opportunity to remedy it during your holiday. Subject to clause 11(5), your right to claim any compensation you may otherwise have been entitled to may be affected or even lost as a result.
13) Assistance whilst you are on holiday
In the event you end up in difficulty (of any sort) during your holiday and notify us accordingly, we will provide you with appropriate assistance as soon as reasonably possible including by the provision of appropriate information on health services, local authorities and consular assistance and by assisting you to make distance communications and to find alternative travel arrangements as may be applicable. Where you are in difficulty as a result of your negligence, we may charge you a reasonable fee for this assistance which will not exceed the costs we actually incur.
14) Behaviour and damage
When you book with us, you accept responsibility for any damage or loss you cause. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. 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.
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 property, we are entitled, without prior notice, to terminate the holiday 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.
15) 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. 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 (see clause 11(6)). 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. Please note that hotel suppliers will provide double and twin rooms based their internal policy for room allocation.
16) Activities, additional services and general area information
We may provide you with information (before departure and/or when you are on holiday) about activities and additional services which are available in the area you are visiting. We have no involvement in any such activities or additional services which are not operated, supervised, controlled or endorsed in any way by us. They are 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 additional services and the acceptance of liability contained in clause 11(1) 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.
We cannot guarantee accuracy at all times of information given in relation to such activities or additional services or about the area you are visiting generally or that any particular service 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 services referred to on our website or 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 services 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.
17) Passports, visas and health requirements
The passport and visa requirements applicable to the holidays we offer may change and you must check the up to date position in good time before departure. A British passport would usually take approximately 3 to 6 weeks to obtain but is currently (June 2020) taking much longer. If any member of your party (who is a British citizen) is 16 or over and hasn't got or previously held a British passport, even more time needs to be allowed as the UK Passport Service has to confirm your identity before issuing your first passport. If any person on the booking is not a British citizen or holds a non-British passport, you must check the applicable passport and visa requirements with the embassy or consulate of the country/countries to or through which you are intending to travel. Please ensure you check the latest position on applying for or renewing a passport at the earliest opportunity.
It is your responsibility to ensure you obtain details of and comply with all recommended and required landing forms, vaccinations, health precautions and other health-related measures (including those which are introduced to deal with coronavirus) in good time before departure. Details should be available from your GP surgery, local travel clinic and the National Travel Health Network & Centre (http://travelhealthpro.org.uk). Information on health abroad is also available here: www.nhs.uk/Live-well/healthy-body/before-you-travel. Vaccination and other health requirements/recommendations are subject to change at any time for any destination. Please therefore check with a doctor or clinic not less than 6 weeks prior to departure to ensure that you have met the necessary requirements and have the applicable information.
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 carry all required documentation. 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.
18) Foreign Office advice
The UK Foreign & Commonwealth Office (FCO) publishes regularly updated travel information on its website www.gov.uk/foreign-travel-advice and https://travelaware.campaign.gov.uk which you are strongly recommended to consult before booking and in good time before departure.
19) Financial security
We hold an Air Travel Organiser's Licence issued by the Civil Aviation Authority (ATOL number 1694). All flights and flight inclusive holidays we offer are financially protected by the ATOL scheme. When you buy an ATOL protected flight or a flight-inclusive package from us, you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit, you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent or your credit card issuer where applicable. You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
The Civil Aviation Authority can be contacted at Gatwick Airport South, West Sussex, RH6 0YR, UK
Tel: +44 (0)333 103 6350 / Email: claims@caa.co.uk / www.caa.co.uk
If you book accommodation only (with or without an airport transfer), you will not have purchased a “package” and The Package Travel and Linked Travel Arrangements Regulations 2018 will not apply. This means your booking is not financially protected.
You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here:
https://www.legislation.gov.uk/ukdsi/2018/9780111168479/contents
20) Flights
In accordance with EU Directive (EC) No 2111/2005, we are required to bring to your attention the existence of a “Community list” which contains details of air carriers who are subject to an operating ban within the EU.
The Community list is available for inspection here: http://ec.europa.eu/transport/modes/air/safety/air-ban_en
We are required to advise you of the actual carrier(s) (or, if the actual carrier(s) is/are not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible.
If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above, as a result of which we / the carrier are unable to offer you a suitable alternative, the provisions of clause 9“Changes and cancellation by us” will apply. We are not always in a position at the time of booking to confirm the flight timings which will be used in connection with your flight. The flight timings detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems, and the ability of passengers to check in on time.
You must check all information we send you in respect of your flight arrangements very carefully immediately upon receipt to ensure you have the correct, up to date flight times and other up to date travel information. It is possible that flight times may be changed close to departure. We will contact you as soon as possible if this occurs.
Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges, except where specified in these conditions.
21) Delay and Denied Boarding Regulations
In the event of any flight delay or cancellation at your UK or overseas point of departure, the airline is responsible for providing such assistance as is legally required by the Denied Boarding Regulations (see below). The ferry, tunnel or rail operator is similarly responsible in relation to any delayed or cancelled sea crossing or international rail departure. We cannot provide any assistance or accept any liability in such circumstances other than information and advice to the extent we are in a position to do so.
If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, depending on the circumstances, the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with accommodation and/or refreshments under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004. Where applicable, you must pursue the airline for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel 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 have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding, as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations. If, for any reason, we make any payment to you or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, you must, when requested, assign to us the rights you have or had to claim the payment in question from the airline. If your airline does not comply with these rules, you may use the CAA Passenger Advice & Complaints Service. See www.caa.co.uk/passengers/resolving-travel-problems for further details.
22) Website / advertising material accuracy
The information contained on our website and in our other advertising material is believed to be correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur, and information may subsequently change. You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking.
Prices advertised by Ski Miquel are for the following number of nights/days unless specified otherwise:
Holiday prices: 7 nights
Ski pack prices: 6 days
23) Safety standards
Please note, it is the requirements and standards of the country in which any services that make up your holiday are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may sometimes be lower.
24) No snow arrangements
In the unlikely event of a resort being closed due to insufficient snow, we will, if reasonably possible, transport you, at your expense, to the nearest available skiing. Any difference in the lift pass price will be refundable to you. If there is no alternative skiing near the booked resort, we will make every effort to change resort and you will then have the option of continuing with your original arrangements or moving and paying the difference in cost.
25) Group reductions requirements
To qualify: A free holiday is defined as the basic holiday price only (see price panel for each resort). The group must stay in the same accommodation. The group discount is applicable only to members paying the full holiday price, i.e. children who have received a discount will not be included in the numbers that make up the party or qualify for a group discount. Full holiday price must include flights arranged by us and not self-travel arrangements. Guests who are paying a single supplement are not included in the qualifying numbers towards group reductions. The group discount is applicable to the final number of full-paying party members. If, due to subsequent cancellations, the group number reduces below the qualifying number, then the discount will be lost. We will accept variations within a group, i.e. departures from different airports, one and two week holiday mixes.
26) Ski hosting service
The ski hosts we arrange are not instructors. You are responsible for assessing your own capabilities and participating in ski hosting is at your own risk. There is no obligation by the ski host to escort you to easier terrain or to the base of a ski lift if requested. All ski hosting is restricted to runs that are officially open and within the secure area of the resort. It is your responsibility to ensure you are aware of the standard and difficulty of a proposed route. The availability of this service is dependent upon safety, numbers and conditions. The ski host’s decision is final. Ski hosting is available in all resorts, dependent upon local regulations and restrictions, which are subject to change.
27) Wellness area usage
Wellness area refers to any pool, sauna or stream room, or other water or heat-based facilities.
Age restrictions & supervision
Parental responsibility: Parents or guardians are responsible for the behaviour and safety of their children whilst using the wellness facilities.
Children aged 16 or 17 are permitted to use the wellness facilities as long as their parent or legal guardian is present within the chalet-hotel.
Children under 16 are not permitted to use the wellness facilities unless a parent or guardian is also present at all times in the wellness area.
If the accompanying adult is neither a parent nor a legal guardian, they must provide documented consent from the parent or legal guardian.
Compliance
Enforcement: Our staff will enforce the age restrictions noted above to ensure the safety and enjoyment of all guests.
Documentary proof: If an accompanying adult is not a parent or legal guardian, they must provide appropriate documentation confirming parental consent upon request.
Additional guidelines
Wellness area rules: Guests must adhere to any additional rules posted within the wellness area.
Liability: Ski Miquel Limited and their staff assume no liability for any accidents, injuries or incidents related to usage of the wellness facilities.
Updated: 26 April 2024