booking conditions

The information on this page is important. It explains the responsibilities and obligation undertaken by all parties when booking with RocketSki. Where, in the following conditions, we ask you to contact us in writing, you may do so by post or e-mail. Unless you ask us not to do so or it is not practical or we stipulate that the post will be used (for example, for sending you tickets), we will contact you by e-mail.

These Booking Conditions together with the details in our Important Information section form the basis of your contract with us. Please read these carefully as they explain the responsibilities and obligations undertaken by all parties when booking with us. All bookings are subject to these Booking Conditions and the Important Information All party members must ensure they read and understand all details published on our website (as appropriate) relating to their holiday prior to sending any booking details to us. Party Leaders are responsible for passing on any additional information and/or details of correspondence with us to other members of the party.

In these Booking Conditions the term "holiday" means tour, course, day trip or other inclusive arrangement. "You" and "your" are references to all persons named on the booking including anyone who is added or substituted at a later stage.

1. THE CONTRACT BETWEEN US
Your contract is with Equity Limited [company number 02598164] also t/a Rocketski and registered at One Jubilee Street, Brighton, East Sussex, BN1 1GE. Company VAT number: 587520905.

This contract and all matters arising out of it are governed by English Law except if you are a resident of Scotland or Northern Ireland in which case you may choose the law of your home country. We both agree that any dispute, claim or other matter which arises out of or in connection with this contract or your holiday will be dealt with by the Courts of England and Wales or, if you live in Scotland the courts of Scotland may be used or if you live in Northern Ireland the courts of Northern Ireland may be used or the ABTA Arbitration Scheme (see clause 12 ). Please note, changes to these Booking Conditions or the Important Information will only be valid if expressly agreed by us in writing. When you contact us to make a booking, we act as agent for the relevant carrier which will be disclosed on your documentation. We reserve the right to substitute the carrier if necessary.

When we have confirmed your booking by issuing a confirmation invoice, (see clause 2 below) a contract exists between us under which we accept responsibility for the provision of all services described on our invoice.

2. TERMS OF PAYMENT
In order to confirm your booking, you should send us your booking details together with the appropriate payments and in accordance with the time scales set out in Clause A below.
Please note that when you return your deposits in order to confirm your booking you will be agreeing to the booking conditions published on our website. For flight inclusive bookings all monies paid by you to any authorised Travel Agent of ours in respect of your holiday will be held by that agent on our behalf until they are paid to us or refunded to you.

3. CONFIRMATION OF YOUR BOOKING BY US
Once we have received your booking details and all appropriate payments, we will, subject to availability, confirm your holiday by issuing a confirmation invoice. This invoice will be sent to the party leader. Please check this invoice carefully as soon as you receive it. 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 that it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out (five days for tickets).

4. FINANCIAL SECURITY
We hold an Air Travel Organiser's License issued by the Civil Aviation Authority (ATOL number 2680.) This means the air holidays on our website are ATOL protected. In the unlikely event of our insolvency, the CAA will ensure that you are not left 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 Please note, the ATOL protection scheme only applies to arrangements which include flights arranged by us where the person who pays for the booking is present in the UK when the booking is made or the first leg of any flight we arrange for you commences in the UK. We are also members of the Association of British Travel Agents (ABTA) No.V5376. If your holiday does not include flights, ABTA will financially protect your holiday in the same way.

5. THE PRICE OF YOUR HOLIDAY

a) The prices and the information on our website were correct to the best of our knowledge at the time of publication in March 2007. Please note, changes and errors do however occasionally occur. You must check the price of your chosen tour at the time of booking. We reserve the right to make changes to 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.

b) The price of your travel arrangements is subject to surcharges in the following circumstances: Increases in transportation costs e.g. aviation insurance and security levy, fuel, government imposed transportation taxes such as Air Passenger Duty, scheduled air fares and any other airline surcharges which are part of the contract between airlines (and their agents) and the tour operator; and/or any dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or airports and Governmental action such as increases in VAT or any other government imposed increases and adverse fluctuations in the exchange rates which have been used to calculate the cost of your holiday. Even in these stated cases, we will absorb increased costs up to a total amount equivalent to 2% of the cost of your confirmed holiday (excluding insurance premiums and any amendment charges). Only amounts in excess of this 2% will be surcharged. If this means paying more than 10% of the tour price (excluding insurance premiums and any amendment charges), you will be entitled to cancel your tour with a full refund of monies paid to us except for insurance premiums and amendment charges. Should you decide to cancel because of this, you must exercise your right to do so in writing and within fourteen days from the issue date printed on the invoice.

If you do not tell us that you wish to cancel within this period of time, we are entitled to assume that you do not wish to cancel and will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is later.

6. SPECIAL REQUESTS
Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot promise that any requests will be complied with unless we have specifically confirmed this in writing. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on any documentation is not confirmation that the request will be met. All special requests are subject to availability and confirmation in writing by us. If you or any member of your party has any medical problem or disability which may affect the holiday arrangements of that person, please tell us before you confirm your booking so we can advise as to the suitability of the chosen holiday. In any case, you must give us full details in writing at the time of booking. If we feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline/cancel their reservation.

7. INSURANCE
We consider adequate travel insurance to be essential. It is a condition of booking that you purchase insurance cover if this is not already included in the price of your holiday. Please see "What's Included" in our Prices Section. Medical treatment overseas and the cost of repatriation in the event of an emergency can be very expensive. Details of the policy we offer are shown in our Insurance Section. Where we are providing insurance you will receive details of the cover on confirmation of your booking. If you require extra cover please enquire. Please read your policy details carefully. It is your responsibility to ensure that the insurance cover you purchase is adequate for your particular needs. We do not check alternative insurance policies.

8. IF YOU CHANGE OR CANCEL YOUR BOOKING

a) If you add extra members or change your booking. You may add extra members to your booking at any time, subject to availability, payment of the applicable holiday price and discretionary amendment fee below. If you wish to change your booking you must notify any changes to us in writing and we will do our best to comply. We cannot guarantee that such changes will be possible and we reserve the right to charge an amendment fee of up to £30 per person together with any extra costs incurred by ourselves and any extra costs or charges incurred or imposed by any of our suppliers. Certain travel arrangements (e.g flight/rail 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 arrangement.

b) We require the names of all members of your group at the time of booking confirmation. It is the Party Leader's responsibility to ensure that ALL names given are in full and exactly as shown on the individual's passport. We do not accept any responsibility for incorrect/abbreviated names submitted and any subsequent amendments will be dealt with as a name change.

c) Air Tours: We reserve the right to use and/or substitute charter for scheduled and low cost carriers such as Easyjet, Ryanair etc. In these cases once the airline has received and processed the names, any subsequent amendments or name changes will carry a minimum charge of £100 plus the insurance premium of £19 for European Tours. Most airlines do not allow name changes after tickets have been issued or in some cases (e.g. Easyjet, Ryanair or Jet2 etc) once names have been received. In these instances the charge is usually the full cost of the flight.
Any name change alterations made by you within 4 weeks of departure will be treated as a cancellation of the original booking and will be subject to the cancellation charges set out in Table B and payment of the full cost of the new booking.

d) If you cancel your booking. You may replace any cancelled member. We reserve the right to charge an amendment fee as set out in clause 8 (a) above together with any extra costs incurred by ourselves and any extra costs or charges incurred or imposed by any of our suppliers. If you are unable to find a replacement, cancellation charges as set out in Table B below will apply in order to cover our estimated costs. You must notify all cancellations and substitutions to us in writing. Charges apply from the date written notification is received at our offices. The cancellation charge is calculated on the basis of the total cost payable by the person(s) cancelling, excluding insurance premiums and amendment charges. These are not refundable. Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned. We will deduct the cancellation charge(s) from any monies you have already paid to us. If there is/are any outstanding cancellation charge(s) remaining, you must pay this to us.

9. IF WE CHANGE OR CANCEL YOUR BOOKING
We start planning the holidays we offer many months in advance. Occasionally, we have to make changes to and correct errors in our published information both before and after bookings have been confirmed, and we may have to cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. Most changes are minor such as changes to the overseas airport, airline, aircraft, ferries or coaches used, changes to departure times of less than 12 hours or the withdrawal of certain facilities. Occasionally, we have to make a significant change which include a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away; a change of resort for the whole or a major part of the time you are away; a change of outward departure time or overall length of time you are away of 12 or more hours; and a change of UK departure point (except as between Heathrow, Gatwick, Stansted or Luton and instances where we offer connecting transportation). All other changes are minor. If we have to make a significant change or we have to cancel, we will tell you as soon as possible, and if there is time to do so before departure, we will offer you the choice of the following options:-

a) accepting the changed arrangements or

b) purchasing an alternative holiday from us, of a similar standard to that originally booked if available (if the chosen alternative is less expensive than your original one, we will refund the difference but if it is more expensive, we will ask you to pay the difference) or
c) cancelling, in which case you will receive a full and quick refund of all monies you have paid to us.

If we have to make a significant change or cancel on or after the date when the balance of your holiday cost becomes due we will pay you compensation as set out in Table C below subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. No compensation will be payable if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (eg if you fail to pay on time). In all cases, our liability for significant changes and cancellations is limited to the above mentioned options and, where applicable, compensation payments as in Table C. We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation. No compensation is payable for minor changes or where we make a significant change or cancel on or before the date when the balance of your holiday cost becomes due.

Very rarely, we may be forced by Force Majeure (see below) to change or terminate your holiday after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation, or meet any costs or expenses you incur as a result. Force Majeure - except where otherwise specified in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by reason of circumstances amounting to '"force majeure". In these booking conditions "force majeure" means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riots, civil strife, actual or actual threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events beyond our control.

12. DEALING WITH PROBLEMS

a) If you have a complaint If a problem arises you should report it as quickly as possible to our Representative or Agent and the Supplier in question so that efforts can be made to rectify it to your satisfaction. Our Representative or Emergency Contact can deal with most problems on the spot, so please do not wait until you get home before reporting a problem. If we are unable to resolve matters the Party Leader must write to our Head Office within 28 days of return, explaining the problem fully. If you do not follow this simple complaints procedure your right to claim the compensation you may otherwise have been entitled to may be affected or even lost as a result. We undertake to acknowledge receipt of your letter within 14 days and within 28 days to send you a full reply or an explanation for the delay. In any event we undertake to send you a full reply within 56 days.
b) Arbitration Disputes arising out of or in connection with this contract which cannot be amicably settled may be referred to Arbitration, if the customer so wishes, under a special scheme arranged by the Association of British Travel Agents, and administered independently by the Chartered Institute of Arbitrators provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained from the ABTA, 68-71 Newman Street, W1T 3AH (www.abta.com). The Scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The Scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,000 on the amount the Arbitrator can award per person in respect of this element. The Application for Arbitration and the statement of claim must be received by the Chartered Institute of Arbitrators within 9 months of the date of return from the holiday. Outside this time limit, arbitration under the Scheme may still be available if we agree, but the ABTA Code does not require such agreement.

13. LIABILITY AND RESPONSIBILITY

(1) We promise to make sure that all parts of the holiday we have agreed to arrange as part of our contract are provided to a reasonable standard and in accordance with that contract. We also accept responsibility for what our employees, agents and suppliers do or do not do providing they were at the time acting within the scope of their employment. Please note that we will not be liable for any injury, illness or death or consequent losses suffered by you or any member of your party unless you are able to prove that such injury or illness or death was caused by lack of reasonable care and skill on the part of ourselves or our suppliers in the performance of our obligations under our contract with you. And in all claims of whatever nature we will not be liable where the alleged loss or damage results from any of the following;
a) the fault of the person(s) affected or any member(s) of their party or
b) the fault of a third party not connected with the provision of your holiday which we could not have predicted or avoided or
c) an event or circumstances which we or the supplier of the service(s) in question could not have predicted or avoided even after taking all reasonable care (see clause 9).
d) the fault of anyone who was not carrying out work for us (generally or in particular) at the time.
In addition, we will not be responsible where you do not enjoy your holiday or suffer any problems because of a reason you did not tell us about when you booked your holiday or where any problems you suffer did not result from any breach of our contract or other fault of ourselves or, where we were responsible for them, our suppliers or agents or where any losses, expenses, costs or other sum you have suffered relate to any business. Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised on our website and we have not agreed to arrange them.
(2) 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 regulations of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, 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 regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the holiday in question.
(3) Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is limited to the excess amount payable under the insurance policy we offer per person affected. You are assumed to have taken out adequate insurance at the time of booking. Please also see clause 13(4) below.
(4) Where any claim or part of a claim concerns or is based on any travel arrangements (including the process of getting on and off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. In respect of travel by air, sea and rail, the extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to accommodation arrangements). You can ask copies of these Conventions from our offices. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
(5) You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 12(a) above. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.
(6) 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 (see clause 13 (4). Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
(7) Should you or any member of your party have the misfortune to suffer illness, injury or death through misadventure during your holiday arising out of an activity which does nor form part of the arrangements made by us, nor an excursion purchased through us, we shall, where appropriate and at our discretion give you every help we can by way of assistance (which may include help with initial legal costs associated with bringing a claim against a third party) up to a total cost to ourselves of £5,000 per booking form, provided that such assistance is requested within 90 days of the misadventure. In the event of there being a successful claim for costs against a third party or a suitable insurance policy in force, we will however be entitled to recoup from you the costs we actually incur.

14. SAFETY STANDARDS
Please note: The requirements and standards of the country in which services are provided apply and not those of the UK. These requirements and standards will not be the same as the UK and may sometimes be lower.

15. ITINERARY CHANGES AND FLIGHT TIMINGS

Whilst we take care to ensure that all timings on our itineraries are accurate, we cannot guarantee them as they are subject to local weather and traffic conditions which can cause delays. The flight timings given on booking are for general guidance only and are subject to change. The latest timings will be shown on your confirmation invoice. However, the actual flight times will be those shown on your tickets which will be dispatched to you approximately two weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been dispatched - we will contact you as soon as possible if this occurs. We are not always in a position to confirm the airline, aircraft type and airport of destination which will be used in connection with any flight included in your holiday. When this information is provided at the time of booking or subsequently, it is subject to change. Any such change will not entitle you to cancel or change to other arrangements without paying our normal charges.

16. DATA PROTECTION
(For the purposes of the Data Protection Act 1998 and ABTA Code of Conduct 2000) For the purposes of the Data Protection Act 1998, we, Equity Travel (also t/a Rocketski) are a data controller. In order to process your booking, we need to collect certain personal details from you. These details will include, where applicable, the names and addresses of party members, credit/debit card or other payment details, and special requirements (including some sensitive data, as defined by the Act), such as those relating to any disability or medical condition which may affect the chosen holiday arrangements and any dietary restrictions which may disclose your religious beliefs. If we need any other personal details, we will tell you before we obtain them from you. We need to pass on your personal details to the companies and organisations who need to know them so that your holiday can be provided (for example your airline, hotel, other supplier, credit/debit card company or bank). Such companies and organisations may be outside the European Union, Norway, Iceland or Liechtenstein if your holiday is to take place or involves suppliers outside these countries. We would also like to use your personal details to send you information concerning the holidays and services we offer. All details you give us in connection with your booking (including those relating to any disability or medical condition or your religious beliefs (sensitive data), will be kept by us but we will only use names and addresses for marketing. Occasionally, we may sell and or share clients' names and addresses (but not sensitive data- see above) to other companies or organisations who offer goods or services which we feel may interest you. We will ask you for your consent first before doing this. Except where expressly permitted by the Data Protection Act, we will only deal with the personal details you give us as set out above unless you agree otherwise. We have appropriate security measures in place to protect this information.
You are generally entitled to ask us (by letter or e-mail) what details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed. We will charge a fee to respond to such a request. We promise to respond to your request within 40 days of receiving your written request and fee. In certain limited circumstances we are entitled to refuse your request. 17. OTHER OFFERS
Free places and other offers such as free coach travel to the airport (where applicable to your holiday) are subject to the minimum numbers stated on the website. Free places are guaranteed only after final payment has been received by Rocketski.

Clause A: Terms Of Payment And Deposits

a) You should send an Initial deposit of £120 per paying member at the time of booking, (or full payment if you are booking 10 weeks or less before departure ("late bookings")), b) At least 16 weeks before departure we will send you Final Details Forms which you must complete and return no later than 14 weeks before departure c) An invoice for the balance due will be sent 12 weeks before departure. The full amount outstanding must be received by us no later than 10 weeks before departure d) If we do not receive all payments due in full and on time, we reserve the right, at our discretion, to treat your booking as cancelled by you (in which case the cancellation charges set out in table B will be payable) and/or levy Late Payment penalties of £5 per person per week. e) Tickets are usually dispatched around 2 weeks before departure.

The prices shown on our website were calculated on the basis of then known costs and exchange rates of £1 to €1.4621, and £1 to SFR2.23476 as shown in the Financial Times on 15/03/2007.