All contracts in respect of these holidays are made with Kicking Horse Powder Tours Limited (Company Number 07845796, whose registered office is at 139 Maple Road, Horfield, Bristol, BS7 8RF). All bookings are subject to these Booking Conditions.
Please follow carefully all the booking details and subsequent instructions. We shall not be liable for your failure to do so. When you make a booking you must be at least 18 years of age at the time of booking. The person who makes the booking is responsible for ensuring that these Booking Conditions are drawn to the attention of every person on whose behalf he/she has made a booking and binds everyone. We will only look to deal with that member in all subsequent correspondence and dealings. When you make a booking you are confirming that you understand these Booking Conditions and have the authority to accept, and do accept, them on behalf of yourself and all members of your party. You are also responsible for making all payments due, ensuring the accuracy of all personal details and other information supplied in respect of yourself and your party, notifying us of any changes or cancellations and for receiving correspondence and keeping your party informed of any changes to your booking.
We accept payment by bank transfer to our bonded TTA account. To secure your booking an 20% deposit is required, although this may vary depending on the supplier and activity, you will be advised as to any changes to the deposit required at the time of booking. Once your reservation and deposit has been received, we will send you your confirmation of booking and payment together with an invoice for the final balance, which is due 10 weeks prior to departure. It is essential that you check this confirmation carefully and notify us immediately if you have any queries. Your booking confirmation must be checked carefully. In the event of any discrepancy, please raise any queries with us immediately. There is a non-refundable deposit of £100 per person at the time of booking. If you book within 10 weeks of the departure date the total cost of your holiday and that of your group must be submitted immediately. We reserve the right to vary the deposit and balance due date particularly for (though not limited to) holidays that include heli or cat skiing. Receipt of the deposit by us does not imply confirmation of that booking. No booking shall be confirmed or contract come into existence until we issue a written confirmation invoice along with the booking confirmation. We reserve the right to refuse a booking without giving any reason for such refusal and shall in that event return any deposit received to its sender. The balance of the total cost of the holiday as shown on our invoice must be paid at least 10 weeks before departure. If the balance has not been paid by such a date we reserve the right to cancel the booking within seven days thereafter and to retain the £100 deposit element by way of our cancellation charge. Thereafter the person who made the booking guarantees payment to us in accordance with these Booking Conditions of the total amount shown on the invoice. For cancellation procedures see Section 4 below.
(a) If you wish to alter or change any detail in the booking confirmation, or wish to make alternative arrangements to those agreed, the request must be made at the time of booking or in writing as soon as possible. We will do our best to make the change but cannot guarantee to do so. (b) If
you are prevented from travelling you will be able to transfer your booking to someone else. This person must be able to satisfy all the conditions for the holiday. They must accept the transfer and agree to be bound by the terms of this agreement. You will remain responsible for ensuring that the holiday is paid for by the balance due date. (c) You or any member of your party may cancel your holiday arrangements at any time, however, any supplier amounts due will be deducted along with the non refundable deposit amount. All cancellations must be received in writing, signed by the person who made the booking and acknowledged by us. Failure to pay the balance by the due date shall also entitle us to cancel the booking and retain the deposit by way of a cancellation charge. Failure to pay any other amount by the due date shall entitle us to cancel the booking and to retain an amount by way of a cancellation charge as set out in Clause 3(c). Cancellation charges due on heliskiing holidays are according to each helicopter skiing operator’s booking conditions. These will be made known to you before you book.
(i) All of our pricing is currently based on an exchange rate of £1 to $1.80CD. We reserve the right to alter the prices of any of the holidays to allow for exchange rate variations and supplier price changes. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed. (ii) The price of your holiday arrangements can go up or down after you have booked. Changes in VAT or other government imposed changes and currency changes in relation to an exchange rate variation can also affect the price of the arrangements. However, there will be no change within 10 days of your departure. In the case of any increase equivalent to 2% of the price of your holiday arrangements (excluding insurance premiums and any amendment charges), this will be absorbed or retained. For larger variations this 2% will still be absorbed for increases but you will be required to pay any amount over and above that. If this means that you have to pay an increase of more than 10% of the price of your holiday arrangements, you may cancel your holiday arrangements and receive a full refund of all monies paid, except for any amendment charges. Should the price of the holiday be reduced by more than 2% of your holiday cost (excluding insurance premiums and any amendment charges) then any refund over and above that amount will be refunded to you.
We are occasionally forced to make changes to holidays and reserve the right to do so at any time. If a significant change is made to your holiday after it has been confirmed, you will be informed as soon as possible. You may either accept the changed holiday or cancel and receive a full and prompt refund of all monies that you have paid We reserve the right to cancel any holiday in any circumstances. If it is necessary to cancel your travel arrangements, compensation will not be payable by us in the event of force majeure, your late or non-payment. We are not responsible for any costs incurred outside the services included in the holiday invoice. If we have to cancel your booking in circumstances other than your failure to pay, you can have either a full and prompt refund of all monies that you have paid.
It is a condition of booking that all clients have insurance which provides at least the same level of cover as that of the ERV Adventurer Insurance policy as detailed at erv.co.uk. If you suffer from a disability or medical condition, you should disclose this to insurers. Your policy of insurance should provide cover for personal injury, death, medical and repatriation costs in the countries which you intend to visit, together with cover for loss of baggage and valuables, personal liability, delay, cancellation, curtailment, missed departure and legal expenses. Insurance premiums must be paid at the same time as booking the holiday in order for cancellation cover to be effective. Please read the full policy wording carefully. Cancellation cover commences on payment of your premium; other sections of the cover apply during your holiday including the outward and return journeys. Please keep insurance details with you whilst on holiday.
We do not own or manage the accommodation and other facilities used in conjunction with the holidays advertised. If any part of the holiday arrangement is not provided as advertised we will pay you reasonable compensation as we accept responsibility for our employees, agents, suppliers and sub-contractors while acting within the course of their employment. This liability is restricted to matters not involving injury, illness or death and is limited to three times the cost of the holiday (excluding insurance premium and amendment charges) of the affected person. If you or any member of your party suffers death, illness or injury as a result of any failure to perform or improper performance of any part of our contract with you, we will accept responsibility unless failure to perform or improper performance was attributable to: 7.(i) your own acts and/or omissions; or 7.2(ii) those of a third party not connected with the provision of your holiday and which was unforeseeable or unavoidable; or 7.3(iii) an event which neither we nor the supplier of the service in question could have foreseen or prevented even with all due care. Should any payment be made to you or any member of your party by us in any of the circumstances referred to under section 7, we reserve the right to claim in your place against the person or organisation responsible for causing the illness, injury or death. This means that you will be asked to assign that part of your rights to us and we will be subrogated to those rights. You must also assist us and our insurers in pursuing any such claim. All claims must be notified immediately to us and confirmed in writing within 50 days. Any amounts recovered in excess of the payments made by us to you will be passed on to you after deduction of our costs.
Should any member of your party suffer illness, injury or death through misadventure arising out of an activity which does not form part of the holiday package we have arranged for you, we cannot accept liability. We will, however, offer general assistance where appropriate. This is another area where it is important to have adequate holiday insurance cover.
All luggage, skis, snowboards, boots, equipment and other personal effects shall be at all times and in all circumstances the owner’s own responsibility and taken on holiday at the owner’s risk. We cannot accept responsibility for any loss or damage or delay to your luggage and effects unless directly caused by the negligence of ourselves or one of our employees.
(i) We hope that you will not experience any problems with your holiday. If you do, however, you must take it up with the individual provider on the spot so that they can attempt to solve it at once. If the problem cannot be resolved then let us know without delay to allow us to try to resolve it.
In the event of any dispute arising between us the dispute will be governed by English law. Where you are resident in England this agreement, and any claim or dispute arising out of it, is subject to the non-exclusive jurisdiction of the English courts. If you live in Scotland or Northern Ireland, you may bring proceedings in your local Court.
Every penny that you pay to us, as a member, is protected by the TTA, so you can book your trip with us, secure in the knowledge that your money is protected. Further details of TTA membership can be found at www.traveltrust.co.uk
We may use your information for the purposes set out in our data protection registration for the Office of the Information Commissioners. We may disclose the same to companies who act as data processors on our behalf. Some information, for example relating to your religion or health, may be “sensitive personal data” within the meaning of the Data Protection Act 1998. We need this information to cater for your needs, but it is collected on condition that we have your positive consent. If you do not agree to our use of your information, we cannot accept your booking. By making a booking with us, you agree to allow your insurers, their agents and medical staff to disclose relevant information to us in circumstances where we may need to act in the interests of everyone in the group with whom you are travelling. For example, if you contract an infectious illness whilst on holiday, we may need to make special arrangements for you and ensure that you do not return with the group immediately.
By booking a holiday with us you undertake to deport yourself in a safe and orderly fashion and not to disrupt the enjoyment of others on holiday with you or the owners of the accommodation or the suppliers involved in the agreement. Most people go on holiday for rest and relaxation, so if in our reasonable opinion or that of any accommodation provider, guide coach or other person in authority, your behaviour is causing danger, damage to property or persistently affecting the enjoyment of others, we reserve the right to terminate your holiday. Should this happen, no refund or compensation would be paid. Also, we will be entitled to recover from the offending party and/or the person who signed the booking form compensation for any damage caused. If the Captain of your flight reasonably believes that you could be a danger or disruptive, he can refuse to let you on the flight. If this means that you are not allowed to board the flight, we will treat your booking as cancelled from that moment, and you will have to pay full cancellation charges. We will not be liable to pay you any compensation. We cannot accept liability for the behaviour of others in your accommodation or on your flight, nor if any facilities are removed as a result of their actions.
Every member of a holiday under 18 years shall be required to behave in a proper and reasonable fashion. It shall be the responsibility of the person whose name appears on the booking to ensure each person under 18 on behalf of whom he/she has made a booking behaves in such a fashion.
The majority of our trips are designed for adults aged between 18 and 62 years. Skiing is an inherently risky sport and you must be physically fit and have sufficient skill and experience to enable you to participate without risk to yourself or the safety of others.
Skiing, snowboarding and other winter sports can be dangerous. When skiing off piste or ski touring there may be an element of increased risk. You must be competent and fit enough to undertake these sports and you must take all reasonable precautions for your own safety and the safety of any under 18 year olds for whom you are responsible. You must ensure that your equipment is in good working order and that you are suitably clothed for a day’s skiing or snowboarding. When venturing off piste it is required that you wear an avalanche transceiver and carry an avalanche probe and shovel. When you are skiing under the guidance of a professional mountain guide or ski instructor you should follow their reasonable instructions. In the event that you feel that any route is beyond your capability to ski safely, you must inform the mountain guide or ski instructor immediately. You must accept that mountain guides and ski instructors have the right to prevent you from participating in any programme organised by Kicking Horse Powder Tours Ltd if, in their reasonable opinion, you cannot participate safely because your standard of skiing or fitness is inadequate, or your conduct may present a danger to others. Kicking Horse Powder Tours Ltd has no liability to you in these circumstances. Safety standards in many foreign countries may be lower than those taken for granted at home. We do not inspect the safety of ski lifts, ski runs and so on. These are operated locally and do not form part of your package with us.
We cannot accept responsibility for the snow or weather conditions experienced during your holiday with Kicking Horse Powder Tours Ltd. Where we have used the word ‘powder’ in the description of your holiday, we will endeavour to find the best available snow, but if conditions are such that no powder is available (for weather or safety reasons) we accept no responsibility. We do not offer a snow guarantee.
Please note that, as part of the fight against terrorism, international crime and money laundering, EU Regulation (EC) No 1889/2005 requires all passengers entering or leaving the European Union through its external control points with €10,000 or more in cash (or its equivalent in other currencies or easily convertible assets – e.g. bonds, shares, traveller’s cheques etc.) to declare the sum to the customs authorities of the Member State which he/she is entering or leaving. If you are likely to need to make a declaration under this regulation please contact the HM Revenue & Customs National Advice Service on 0845 010 9000 or visit www.hmrc.gov.uk for further information on how to comply.