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1.
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BOOKING CONFIRMATION
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a)
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All bookings are made with Ski East Ltd (the Company) whose registered office is 278 High Street, Walton, Felixstowe, IP11 9EA
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b)
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On booking, you must submit a signed Booking Form accompanied by a deposit of £50 per person, or and agreed holding deposit. The total holiday cost must accompany the Booking Form for bookings taken within twelve weeks of departure.
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c)
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A binding contract only comes into existence when we dispatch written confirmation of your booking to you or, in the case of bookings made within eight weeks of departure, give a verbal confirmation (which will be followed by written confirmation).
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d)
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Late Bookings: For all bookings made within eight weeks of departure, the holiday is confirmed as soon as verbal confirmation is given over the telephone, and therefore if you subsequently cancel your booking, cancellation charges as shown in Condition 4(c) apply.
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e)
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The person signing the Booking Form must be authorised by all members of the party to act on their behalf (or their parents or guardians if under 18 years of age).
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f)
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The person signing the Booking Form must ensure that all members of the group are aware of these booking conditions and agree to be bound by them.
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g)
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This contract is subject to English jurisdiction. No additions, deletions, changes, or promises may be made relating to these conditions, except in writing by a Director of the Company.
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5.
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CANCELLATION
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a)
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The Company reserves the right to cancel your holiday. In the unlikely event of your holiday being cancelled you will have the choice of accepting an alternative arrangement or a full refund of the monies paid. We guarantee that we will not cancel your holiday after the final balance has been paid, except in the case of Force Majeure, circumstances amounting to a "force majeure" include any event which we or the supplier of the service(s) in questions could not even with all due care, foresee or forestall such as (by way of example and not by way of limitation) war, threat of war, riot, political crisis, civil commotion or strife, terrorist activity, strikes or Industrial action, natural disasters, fires, technical problems to transport, closure of ports, adverse weather conditions, and all similar events.
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b)
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The Company will ensure that any alternative arrangements offered are of at least equivalent standard to those originally booked. If you are advised of a change to your holiday less than 12 weeks prior to departure you have the choice of accepting these revised arrangements or a full refund of your monies paid. Should you choose to accept the revised arrangements the Company will pay compensation to each fare paying passenger as per the following schedule:
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More than 70 days
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Nil
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69 to 35 days
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£10
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34 to 15 days
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£15
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Important Notes: Compensation will not be payable if we are forced to cancel, or in any way change your holiday due to the events mentioned in Section 5(a). In no cases other than circumstances beyond our control (see Section 5(a) will the Company change your arrangements less than 14 days prior to departure.
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6.
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COMPANY LIABILITY
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a)
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Whilst we have no direct control over the providers of services and facilities, the Company has taken all reasonable steps to ensure that the suppliers contracted for service during the holiday are efficient and reliable. Every booking is accepted subject to the conditions imposed by the companies concerned. We take all reasonable steps to ensure that such organisations maintain high standards and conform with the laws and regulation of the country in which they operate.
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b)
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The Company accepts responsibility for ensuring the holiday which you book with us is supplied as described in our brochure and the services offered reach a reasonable standard. If any part is not provided as promised. we will pay you appropriate compensation if this has affected the enjoyment of your holiday. We accept responsibility for the acts and/or omission of our employees, agents, suppliers save where they lead to death, injury or illness expect as provided in Section 8c below. In respect of the services provided by sea carriers, out liability in all cases are limited as if we were carries/hotel keepers within the appropriate international conventions.
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c)
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We accept responsibility for death, injury or illness caused by the negligent acts and/or omission of our employees or agents together with our suppliers and sub-contractors, servants and/or agents of the same whilst acting within the scope of, or in the course of their employment except where the failure to perform or improper performance was due to your own act and/or omissions, or those of a third party not connected with the provision of your holiday arrangements and which were unforeseeable or unavoidable, or, and event which either ourselves or the supplier of the service(s) could not have foreseen or forestalled even with all due care. We will accordingly pay to our clients such damages as might have been claimed in respect of death, illness or injury caused by negligence, as accepted under English Law, of our employees, agents or suppliers contracted or sub-contracted by us to provide any part of the arrangements for the holiday.
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d)
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If any client suffers death, illness or injury whilst abroad arising out of activity which does not form part of the foreign inclusive tour arrangement or excursion arranged through us, we shall, at our discretion, offer advice, guidance and assistance to help you in receiving any claim you have against a third party, provided we are advised of the incident within 90 days of its occurrence. Where legal action is contemplated, our authority must be obtained prior to commencement of proceedings and be subject to your undertaking to assign any costs recovered or any benefits received under an appropriate Insurance policy to ourselves. Our costs in respect of the above on behalf of you and your part shall not exceed £5,000 in total.
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e)
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The availability of some facilities advertised cannot be guaranteed as these are entirely dependent on local weather conditions. Facilities may also close without prior notice due to public holiday, festivals and routine maintenance. In these instances no refunds can be given. However, if we are aware of any services not available, prior to departure we will endeavour to advise you accordingly.
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7.
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COMPLAINTS
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a)
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If you wish to make a complaint during your holiday you should inform us as soon as possible. We will investigate any complaints and try to resolve them as quickly as possible. If the matter cannot be resolved satisfactorily during your holiday please write to our office within 28 days of your return to the UK.
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b)
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The Company will only deal with correspondence from the person signing the Booking Form or his or her authorised nominee.
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c)
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The Company will investigate complaints thoroughly and report back to the party leader and hopefully settle the issue satisfactorily. Disputes arising out of, or in connection with this contract, which cannot be amicably settled, may (if the customer so wishes) be referred to arbitration under a special Scheme which, is administered quite Independently by the Chartered Institute of Arbitrators. The Scheme, details of which can be supplied on request, provides for a simple and inexpensive method of Arbitration on documents alone with restricted liability no greater than £1,500 per person or £7,500 per booking. Neither does it apply to claims which are solely or mainly in respect of death, physical injury or illness or the consequences of such death, injury or illness.
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