Terms & Conditions
TERMS AND CONDITIONS - SNOW REHAB LIMITED
1.1 In these terms and conditions (the "Terms") "we/us" means Snow Rehab Limited a company incorporated in Scotland (registered number SC397961) and having its registered office at Caledonian Suite, 70 West Regent Street, Glasgow, G2 2QZ, "Website" means the website www.snowrehab.com and "you" means the person placing the order with us for the supply of the Services. "Services" means the services provided to you by us as set out in the Booking Form and confirmed in the Booking Confirmation (as defined below).
1.2 The Terms together with the Booking Confirmation (as defined below) constitute the entire agreement between you and us for the supply of the Services (the "Contract").
2. BASIS OF SALE
2.1 Please check that the details in the Contract are complete and accurate before you commit yourself to the Contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we do not accept responsibility for statements and representations made verbally by our authorised employees and agents. 2.2 Please ensure that you read and understand these Terms before you submit the booking form on the Website with specific details of your Booking (the "BookingForm"), because you will be bound by the Terms once the Contract comes into existence between us, in accordance with clause 2.6.
2.3 Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained in our catalogues, brochures or Website, are issued or published solely to provide you with an approximate idea of the services they describe. They do not form part of the Contract between you and us or any other contract between you and us for the supply of the Services.
2.4 If any of these Terms is inconsistent with any term contained in the Booking Form, the Booking Form shall prevail.
2.5 The order for the Services (the "Booking") is an offer by you to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion.
2.6 These Terms shall become binding on you and us when we issue you with written (which includes email) acceptance of the Booking Form (the "BookingConfirmation").
2.7 Any quotation for the Services is given on the basis that the Contract shall only come into existence in accordance with clause 2.6. A quotation from us shall be valid for a period of 30 calendar days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.
2.8 We shall assign an order number to the Booking and inform you of it in the Booking Confirmation. Please quote the order number in all subsequent correspondence with us relating to the Booking.
2.9 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the policies and terms in force at the time that you order the Services from us, unless any change to those policies or these Terms is required by law or government or regulatory authority in which case it will apply to orders you have previously placed that we have not yet fulfilled.
3. QUALITY OF SERVICES
3.1 Unless we are prevented from doing so by a Force Majeure Event (as defined below), we will provide Services which:
3.1.1 conform in all material respects with their description;
3.1.2 are carried out with reasonable care and skill; and
3.1.3 comply with all applicable statutory and regulatory requirements for supplying the Services.
3.2 This warranty is in addition to your legal rights in relation to Services which are not carried out with reasonable skill and care or which otherwise do not conform with these Terms.
3.3 These Terms apply to any replacement Services we supply to you.
3.4 You must provide us, in sufficient time, with any information and instructions relating to the Services that is or are necessary to enable us to provide the Services. For the avoidance of doubt, this includes but is not limited to, any special dietary requirements and/or assistance with any disability.
3.5 If you do not, or you provide us with incomplete, incorrect or inaccurate information or instructions, at our sole discretion, we may cancel your Booking by giving you written notice, or we may make an additional charge of a reasonable sum to cover any extra work that is required.
3.6 Should you be arranging your own travel, you must ensure that you arrive at the correct time and place for the Services to be carried out by us.
3.7 We only supply the Services for private use, and you agree not to use the Services for any commercial purpose.
3.8 For the duration of the performance of the Services:
3.8.1 you must have valid travel insurance, passport and visas; and conduct yourself in an orderly fashion, not disrupt the enjoyment of others, have respect for your surrounding environment and adhere to all codes of conduct (or similar policies) that may be notified to you from time to time.
4. PROVISION OF SERVICES
4.1 The Services will be supplied for the period of time set out in the Booking Confirmation or until otherwise terminated in accordance with these Terms.
4.2 We will make every effort to deliver the Services on time but there may be delays due to circumstances beyond our control. In this case we will complete the Services as soon as reasonably possible.
4.3 In the event that we have to suspend all or part of the Services we will let you know in advance, unless the problem is urgent or an emergency.
1 The Services will be supplied in accordance with the Booking Confirmation. However, we reserve the right to change the accommodation set out in the Booking Confirmation to that of a similar standard. In such event occurring, we will notify you in writing of the change.
4.4 Your Financial Protection. When you buy an ATOL protected flight or flight inclusive holiday from Snow rehab 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. Our Air Travel Organiser’s Licence number 10446.
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 the 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.
In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk
4.4.1 The price of our air holiday packages includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices.
4.5 The accommodation provided is by third party supplier. In the event of damages caused within said accommodation you will be held responsible. Should damage costs occur you as resident or shared resident will be responsible for repair costs levied by the supplier. Please refer to clause 9.4
5.PRICE AND PAYMENT
5.1 The price for the Services will be confirmed in the Confirmation Order.
5.2 Our prices include VAT. However, if the rate of VAT changes between the date the Confirmation Order is dated (the "Start Date") and the date of delivery of the Services (the "Delivery Date"), we will adjust the VAT you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
5.3 Subject to clauses 6.4 and 6.5, payment for the Services is payable by you to us as follows:
5.3.1 10% of the total amount payable or 10% with promotional offers for course services or 20% of the total amount payable for holiday services when the Booking Form is submitted (the "Deposit");
5.3.2 25% of the total amount payable no less than 30 days after the Booking Date; and
5.3.3 all remaining outstanding sums payable no less than 90 days before the Delivery Date.
5.4 Should the Booking be submitted within 60 days before the Delivery Date the Services needs to be paid by you to us as follows:
5.4.1 75% of the total amount payable when the Booking Form is submitted; and
5.4.2 all remaining outstanding sums payable no less than 30 days before the Delivery Date.
5.5 Should the Booking Form be submitted within 30 days before the Delivery Date, you need to pay in full when the Booking Form is submitted.
5.6 The payment methods we accept and our prices are set out on the Website and may vary from time to time.
5.7 If we have not received the cleared funds due by you for the Services by the due date for payment (as set out in this clause 5), we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time, such interest accruing on a daily basis from the due date until the date of actual payment of the overdue amount.
5.8 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend our performance of the Booking until you have paid the outstanding amounts.
1 Clauses 5.7 and 5.8 shall not apply for the period of any dispute you may have with payment, if such dispute is in good faith and let us know promptly.
6. REFUND/CANCELLATION POLICY
6.1 Subject to clause 4.4, in the unlikely event that the Services do not conform with the Contract, please let us know as soon as possible and if we agree we will, at our sole discretion:
6.1.1 provide you with a full or partial refund, depending on what is reasonable;
6.1.2 re-perform the Services; or
6.1.3 offer a reasonable alternative to that which is set out on the Booking Confirmation.
6.2 For the avoidance of doubt, clause 6.1 shall apply in the event that we cancel the Booking.
6.3 Any Booking you cancel with us must be notified to us in writing ("Cancellation Notice"). The refund payable to you shall be based upon the amount of notice you give us and is as follows:
6.3.1 with the exception of the Deposit we will refund to you all monies you have paid to us if we receive more than 90 days' notice from the date of the Cancellation Notice to the Delivery Date;
6.3.2 if we receive less than 90 days' notice but more than 60 days' notice from the date of the Cancellation Notice to the Delivery Date, you must still pay 50% of the total price and we will repay you any overpayment;
6.3.3 if we receive less than 60 days' notice but more than 30 days' notice from the date of the Cancellation Notice to the Delivery Date, you must still pay 80% of the total price and we will repay you any overpayment;
6.3.4 if we receive less than 30 days notice but more than 14 days' notice from the date of the Cancellation Notice to the Delivery Date, you must still pay 90% of the total price and we will repay you any overpayment; and
6.3.5 if we receive less than 14 days' notice from the date of the Cancellation Notice to the Delivery Date you must still pay 100% of the total price.
6.4 These Terms will apply to any replacement Services we supply to you.
6.5 In the event that you breach any term of the Contract, we, at our sole discretion, may cancel the Booking. Should this occur:
6.5.1 you shall not be entitled to a refund of any monies you have paid; and
6.5.2 you shall be invoiced by us, acting reasonably, for all costs we have incurred in connection with your Booking.
6.6 Any amendment to your Booking must be received by us in writing at least 21 days before departure and charges will apply if you need to change your Booking. Whilst we shall endeavour to accommodate any change to your Booking we accept no liability for being unable to do so.
6.6.1 Should the amendment be transferring your Booking to another person an administration fee of £100 (plus VAT) will be immediately payable by you.
6.6.2 We will charge for any additional services, facilities or other items changed. In addition we will also charge an administration fee of £25 (plus VAT) per person. If the changed arrangements are more expensive than those originally ordered, you must also pay the price difference. If the change reduces the total cost of the original booking and you provide reasonable notice of such change to us, at our sole discretion, we may refund the difference or a proportion of the difference.
7. LIMITATION OF LIABILITY
7.1 Subject to Clause 7.2, we shall not be under any liability (whether or not damage or loss is direct, indirect, consequential, foreseeable, known or otherwise) for loss you suffer in connection with this Contract.
7.2 Nothing in the Contract limits in any way our liability for:
7.2.1 death or personal injury caused by our negligence;
7.2.2 fraud or fraudulent misrepresentation;
7.2.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
7.2.4 losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
1 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
8.1 Comprehensive travel insurance is compulsory for all persons booking a Snow Rehab package. You must ensure that your insurance is valid for the duration of your course/holiday and covers all activities and aspects on the course/holiday.
8.2 Your insurance policy must be comprehensive and include sufficient cover, especially regarding cancellation, curtailment, theft, accident, medical, third party, liability for injury to others and death, winter sports, and equipment. It is your responsibility to ensure you obtain all appropriate insurances for your holiday, SNOW REHAB cannot be held responsible if you purchase an inadequate insurance policy.
8.3 Proof of insurance is required by SNOW REHAB. You, the client, are required to provide policy provider and policy number details to Snow Rehab administration prior to travelling.
8.4 You should secure your insurance policy at the earliest opportunity to ensure complete cover.
9. BEHAVIOUR AND RESPONSIBILITIES
9.1 All clients are expected to behave decently and in such a manner as to not harm the reputation of Snow Rehab or injure other course participants.
9.2 Clients must comply with rules and regulations set by SNOW REHAB accommodation providers, ski and snowboard schools and all other suppliers.
9.3 The company does not accept responsibility and is not liable for any negligent acts or defaults of any supplier including suppliers of ski and snowboard equipment, and assistance provided to participants in respect of the setting of bindings, or any other person should you suffer any injury as a result of or in connection with skiing or snowboarding, including off-piste skiing or snowboarding.
9.4 You are responsible for looking after the accommodation where you live during the course/holiday. Course participants of long stays are required to pay a damage deposit to the sum of £250 to SNOW REHAB at the time of the final balance payment which will be returned to you after completion of the course, provided no damage has occurred in the accommodation and that it is not excessively dirty. If damage has been inflicted on the accommodation and/or it is left excessively dirty, all clients who occupied that property are responsible for costs incurred to rectify the damage caused. Holiday participants or those staying in apart hotel may be required to leave a holding deposit upon check in of property. SNOW REHAB will require you to contact us with relevant bank details up to 14 days upon return from the course to provide return of deposit paid.
9.5 SNOW REHAB reserves the right to remove any client from all aspects of the course/holiday if we feel a client is behaving in an unacceptable manner. The company will not be responsible for repatriation or any costs the client incurs due to being removed from the course/holiday. No refund will be given if you are removed from the course/holiday due to your behaviour.
9.6 All your property is your own responsibility. You may be able to make a make a claim if the loss suffered is covered under the terms of your insurance policy.
9.7 SNOW REHAB has a zero tolerance policy to illegal substances and any criminal activity.
9.8 When booking an SNOW REHAB course please be honest about your level of ski or snowboard experience and ability. We rely on your assessment of your fitness and standard of ability. If your ability is vastly different from what you have told us, or below the minimum ability level necessary, and therefore incompatible with the rest of the group you may be removed from the training and asked to join a local ski or snowboard school. If there are any additional costs for this, you will be responsible for them.
10.1 You are responsible for telling the company of any medical condition that could have any affect on your performance on the course/holiday and any pre existing medical problems/conditions. This information may need to be passed on to certain suppliers who will be responsible for your safety. If your medical condition should change during the course, you must keep the company informed in writing or by email.
10.2 Subject to 10.1 above, any medical information you submit to the company will be held in the strictest confidence and the company will abide by obligations under the Data Protection Act and associated legislation.
11.1 Each client is responsible for obtaining all required travel documentation. You must have a valid passport and any required visas. It is also your responsibility to ensure these documents are in good order and that you have them with you when necessary.
11.2 The company is not responsible for any costs incurred due to you not having the correct documentation at the right time.
11.3 Travel Arrangements:
11.4 You are responsible for checking in for all flights and all other travel arrangements in good time and with the correct documentation. The company will not be responsible for any costs incurred to your failure to be there on time or without the required documents.
12. OTHER SUPPLIERS
12.1 We hope that we will not have to make any changes to your holiday/course but because our courses are planned many months in advance we sometimes do need to make changes. We reserve the right to do this at any time. We will let you know of any important changes when you book. If you have already booked we will let you know as soon as we can if there is time before your departure.
12.2 Many aspects of the course/holiday are run by separate suppliers. This includes but is not limited to accommodation, ski and snowboard tuition, transfers, avalanche awareness courses, first aid courses, meals, off-piste ski or snowboard guiding. These aspects of your course and holiday may be dependent on factors outside SNOW REHAB control such as weather and if they cannot run, no refund will be given. On some occasions your contract for the provision of equipment, training and services will be directly with the Supplier of such equipment and not SNOW REHAB. Copies of the conditions of your contract with these suppliers are available on request from the supplier.
12.3 You must acknowledge that many of the activities offered are inherently risky. SNOW REHAB does not accept responsibility and is not liable for any negligent acts or defaults of any supplier or any other person, company or corporation not directly under its control.
12.4 Some suppliers may request that you sign a release of liability. If you refuse to sign this, you will be excluded from that activity and no refund will be issued.
13.1 Any complaints or suggestions about the course/holiday should be made to the SNOW REHAB representative in resort and every effort will be made to reach an amicable solution.
13.2 If an amicable solution cannot be agreed, you should complain in writing or by email, within 14 days of the course/holiday ending, to the SNOW REHAB office or by email to email@example.com
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control ("Force Majeure Event").
14.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
14.2.1 strikes, lock-outs or other industrial action;
14.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
14.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
14.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
14.2.5 impossibility of the use of public or private telecommunications networks.
1 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
All notices sent by you to us must be sent to us at 221 - 224 Liberator House, Glasgow Prestwick Airport, Prestwick, KA9 2PT. We may give notice to you at either the e-mail or postal address you provide to us in the Booking Form. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
17. DATA PROTECTION
17.1 We will only use the personal information you provide to us to provide the Services, or to inform you about similar services which we provide, unless you tell us that you do not want to receive this information.
17.2 You acknowledge and agree that we may pass your details to credit reference agencies.
18.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
18.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
18.3 These Terms shall be governed by the laws of Scotland and you and we both agree to the non-exclusive jurisdiction of the Scottish courts.