PowderBeds Booking Terms & Conditions

PowderBeds Terms & Conditions

These Booking Conditions, together with our Security Policy, Website Terms of Use and any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Osprey Holidays Ltd t/a PowderBeds (“we” or “us”). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:

1. He/she has read these terms and conditions and has the authority to and does agree to be bound by them;
2. He/she consents to our use of information in accordance with our Privacy Policy
3. He/she is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services.

Getting a price and making a booking

To get a price for your ski accommodation, perform a search using the search box. In the search results the prices shown are per unit per night, and are guide prices only. The final price may change depending on the allocation of guests into each room. The final price will be shown at the booking confirmation stage.

We may make a charge if you choose to pay be credit card. Any such charge will be notified to you at the time of booking. We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays.

The price of your confirmed accommodation is subject at all times to changes in costs arising from government action such as changes in VAT or any other government imposed changes; and to changes in the currency exchange used to calculate the price of your accommodation. There will be no change made to the price of your confirmed accommodation within 30 days of your departure.

Changes to Price, Website Details

We reserve the right to make changes to and correct errors in advertised prices and other information at any time before your accommodation is confirmed. We’ll advise you of any error of which we are aware and of the then applicable price at the time of booking. You must therefore check all details of your chosen accommodation (including the price) at the time of booking.

Insurance

Under no circumstances should you travel without comprehensive winter sports insurance cover. We are not able to provide wintersports insurance but details of a policy suitable to cover the arrangements you book are available by contacting MPI Brokers (see below). If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available. To buy wintersports insurance please call MPI Brokers on 0845 180 0625.

 

Your Contract

A binding contract between us comes into existence when we issue our booking confirmation by e-mail to the party leader. This contract and all matters arising out of it are governed by Scottish law. If you live in England, Wales or Northern Ireland, proceedings may be brought in the Courts of your home country and in this event you may choose to have your contract governed by the law of England or Wales/Northern Ireland as applicable. In all cases, any dispute, claim or other matter which arises out of or in connection with this contract or your accommodation may be dealt with under the ABTA Arbitration Scheme (see below).

 

Amendments and Cancellations

1. By Us

Whilst we always endeavour to avoid changes and cancellations to confirmed accommodation, we must reserve the right to do so. Most changes are minor. Occasionally, we have to make a ‘significant change’. If we have to make a significant change or cancel, we’ll tell you as soon as possible. If there is time to do so before departure, we’ll offer you the choice of the following options:
  a. accepting the changed arrangements.
  b. purchasing alternative accommodation from us of the same standard to that originally booked if available. If the only alternatives available are at a higher cost than originally
  c. booked then we’ll require payment of the additional costs. If this accommodation is cheaper than the original one, we’ll refund the price difference.
  d. cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us. Please note, the above options are not available where any change made is a minor one. If we have to make a significant change or cancel, we’ll pay you the compensation set out 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 and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or if the change made is a minor one.

Period of notification Compensation before departure per adult:
More than 8 weeks Nil
  Within 8 weeks £10
  Within 6 weeks £15
  Within 4 weeks £20
  Within 2 weeks £25

2. By You

Should you decide to alter your booking after our confirmation has been issued we’ll do our best to accommodate you. If any member of your party is prevented from travelling, that person may transfer their place to someone else (introduced by you) providing we are notified not less than two weeks before departure. Where a transfer to a person of your choice can be made, or where we are able to make an alteration at your request, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result must be paid before the transfer or alteration can be effected. If you cancel your booking prior to departure then the following charges will apply:

Cancellation terms for self-catered apartments, chalets & residences:

  70 or more days before check-in – 20% of accommodation cost
  From 31 to 70 days before check-in –25% of accommodation cost
  From 21 to 30 days before check-in – 35% of accommodation cost
  From 20 to 14 days before check-in – 50% of accommodation cost
  From 13 to 7 days before check-in – 75% of accommodation cost
  6 days or less before check-in –100% of accommodation cost

Cancellation terms for hotels:

  46 or more days before check-in – 30% of accommodation cost
  From 31 to 45 days before check-in –50% of accommodation cost
  From 14 to 30 days before check-in – 75% of accommodation cost
  13 days or less before check-in –100% of accommodation cost

Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and any amendment charges. Insurance premiums and any amendment fees are not refundable in the event of the person(s) to whom they apply cancelling. Notice of cancellation must be received in writing and will be effective when it is received by us. Clients are strongly recommended to take out travel insurance offering protection against cancellation.

 

Complaints and Disputes

In the unlikely event that you have any reason to complain or experience any problems with your accommodation whilst away, you must immediately inform the supplier of the service(s) in question, or PowderBeds. You should then follow up any complaint in writing to us within 28 days of your return
to the UK. Failure to do so will affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.

We are a Member of ABTA, membership number [V3690]. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract. Further information on the Code and arbitration can be found on ABTA’s website www.abta.com The arbitration scheme is arranged by ABTA and administered independently by IDRS, part of the Chartered Institute of Arbitrators. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. Full details will be provided on request or can be obtained from the ABTA website. 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 Statement of Claim must be received by IDRS within nine months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still be available if the company agrees, but the ABTA Code does not require such agreement. For injury and illness claims, you may like to use the ABTA/Chartered Institute of Arbitrators Mediation Procedure. This is a voluntary scheme and requires us to agree for mediation to go ahead. The aim is to help you resolve your dispute in a quick and cost effective way. Details on request or from www.abta.com.

 

Force Majeure

Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure. We will follow the advice given by the Foreign Office.

 

Liability

1. We promise to make sure that all parts of the accommodation we have agreed to arrange, perform or provide as part of our contract with you are arranged, performed or provided with reasonable skill and care. We’ll accept responsibility if any death, personal injury, failure or deficiency of your accommodation arrangements is caused by any failure by ourselves or our employees (providing they were at the time acting within the course of their employment) or suppliers (as applicable) to use reasonable skill and care in performing or providing the accommodation. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim.
2. We’ll not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which 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 accommodation which we could not have predicted or avoided or
  c. an event or circumstance which we or the supplier of the accommodation could not have predicted or avoided even after taking all reasonable care (see Force Majeure above)
  d. the fault of anyone who is not carrying out work for us (generally or in particular) at the time.
3. The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply, or, if there are no applicable local regulations, if they are reasonable when compared to the local standards in practice. The fact that services or facilities fail to comply with local or UK guidance or advice shall not of itself mean that the services or facilities in question have not been provided with reasonable skill and care.
4. We limit the amount of compensation we may have to pay you if we are found liable under this clause:
  a. loss of and/or damage to any luggage or personal possessions and money, The maximum amount we will have to pay you in respect of these claims is £25 per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
  b. Claims not falling under (a) above or involving injury, illness or death. The maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
5. It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
6. Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
7. Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description which 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) any business losses.
8. We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away.

 

Financial security

We provide security for the monies that you pay for the accommodation featured on this website in the event of our insolvency. This is provided by way of a bond with the Association of British Travel Agents (ABTA number V3690). This means that in the unlikely event of our insolvency, ABTA will ensure that your accommodation arrangements will be provided as planned.

 

Travel Requirements

ESTA Electronic System for Travel Authority The USA has tightened visa restrictions to allow it to screen all short-term visitors from Japan and Western Europe. Visitors to the US who do not need visas will be required to register with the US government online at least 72 hours prior to travel. This programme (ESTA) is mandatory for all visa-free travel. New registrations will require the same information as the VisaWaiver Programme I-94 card, which is currently filled out by visitors to the US and turned in to customs on arrival in the country. Please note: There is a strong possibility that the US will introduce a small charge for ESTA in the near future.

 

Visas

British Citizens do not need a visa to visit other European countries. British Citizens do not need a visa to enter the USA or Canada providing your stay is no longer than 90 days duration. For entry to the USA, British Citizens will be issued with the appropriate VisaWaiver forms, either at check-in or on board the aircraft. Full details of the requirements and restrictions are given on www.usembassy.org.uk, click on ‘Visas to the US’, then on ‘Visa Waiver Programme (VWP)’. It is your responsibility to ensure that you comply with the entry requirements. On arrival in the USA all visitors will have their index fingers scanned and a photo taken to verify their identity.

If you were born in the USA and are travelling on a passport other than a US one, then you must carry a ‘Loss of Nationality letter’ with you. For information contact the US Embassy. Entry forms for Canada will be issued on board the aircraft. If you are travelling to Canada with any children who do not have the same family name or as a single parent with your children then you must carry a letter confirming your right to be travelling with the child or children. PowderBeds cannot answer any questions or provide advice on any immigration issues.

 

Passports

British Citizens need a valid full 10 year machine-readable passport to travel to Europe. The USA and Canada require a valid full 10 year machinereadable passport with a minimum of three months validity left from the date of arrival in the relevant country. Children must have their own passport and can no longer travel on their parents’ passport.

 

Health and Travel Advice

No compulsory vaccinations are needed for Canada, USA, Switzerland, France or Austria. You are recommended to read the Department of Health leaflet ‘The Travellers Guide to Health’. Please advise our staff at the time of booking if you have a condition that either we or the accommodation provider should know about. Travel advice is obtainable from www.fco.gov.uk/travel.