Booking Terms and Conditions – 2017-2018
By making a booking, the first named person on the booking (the party leader) agrees on behalf of all persons detailed on the booking that:
a. he/she has read these terms and conditions and has the authority to and does agree to be bound by them;
c. he/she is over 18 years of age 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;
d. he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
1 Making a Booking
In order to confirm your place on a trip you will need to return a completed booking form with the non-refundable deposit. This deposit payment can be 30% of the total, £150 per person or another amount as stated on your invoice or in email communication.
On receipt of your deposit payment we will send you confirmation of your booking along with details for the payment of the balance. We reserve the right to return your deposit and decline to issue a confirmation at our absolute discretion.
A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation.
Please check your booking confirmation and any other documents that we issue very carefully and if there is any information that seems to be incorrect or missing, please let us know immediately as making changes at a later date may not be possible. It may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out.
The balance is due 6 weeks prior to the departure date. If you are booking within the 6 weeks of the holiday start date, then full payment is required at time of booking. If the balance is not paid by the due date, Karibuni will treat the booking as cancelled by you and apply the cancellation charges as detailed in clause 6 below.
2 Financial Security
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for your chosen arrangements and for your repatriation in the event of our insolvency. For these purposes, we protect money that you have paid us in relation to non air-package holidays, via an independently managed trust fund to ensure complete protection of your monies. Please make cheques payable to ‘Karibuni Trust Account’.
We endeavour to ensure that all the information and prices both on our website and in any advertising material that we publish are accurate, however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.
4 Cutting your Trip Short
If you are forced to return home early, we cannot refund the cost of any services you have not used. If you cut short your trip and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your trip not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
5 Changes by You
If you wish to change any part of your booked arrangements after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £25 per person per change as well as any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable. If you are prevented from travelling it may be possible to transfer your booking to another suitable person provided that
written notice is given. An administration fee will be charged, details available upon request.
If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements) providing we are notified not less than 28 days before departure and you pay an amendment fee of £25 per person transferring, meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers and the transferee agrees to these booking conditions and all other terms of the contract between us. If you are unable to find a replacement, cancellation charges as set out will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
You will be liable for any price differences between trips if you are transferring your booking from one date to another. This is additional to the administration fee. You cannot change your booking within 2 weeks of the tour start date.
Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
6 Cancellation by You
If you or any member of your party decides to cancel your place on a trip, you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. We recommend that you use recorded delivery. Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown below. The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling:
•more than 6 weeks prior to trip start date, your deposit will be forfeited;
•between 6 and 4 weeks prior to trip start date, a 50% refund of the tour price will be made;
•less than 4 weeks prior to trip start date, no refund will be made;
We will deduct the cancellation charge(s) from any monies you have already paid to us.
Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
7 Changes or Cancellations by Us
As we plan your trip many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
If we make a major change to your trip, we will inform you as soon as reasonably possible if there is time before your departure. Examples of minor changes include a change of accommodation to another of the same or higher standard.
Occasionally we may have to make a major change to your confirmed trip. ”Examples of “major changes” include the following, when made before departure:
– A change of accommodation area for the whole or a significant part of your time away.
– A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
– A change of outward departure time or overall length of your arrangements of twelve or more hours.
– A significant change to your itinerary, missing out one or more destination entirely.
We will not cancel your trip less than 30 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance. We may cancel your trip before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached.
If we have to make a major change or 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:
i (for major changes) accepting the changed arrangements;
ii having a refund of all monies paid; or
iii accepting an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value).
You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements.
If we cancel or make a major change less than 30 days before departure, we will pay compensation as detailed below. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
|Period before departure within which notice of Cancellation or major change is notified to you||Compensation payable per person booking|
|30 days or more||Nil|
|29 – 22 days prior to departure||£10|
|21 – 18 days prior to departure||£20|
|17 – 10 days prior to departure||£30|
|Less than 10 days prior to departure||£40|
IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
– where we make a minor change;
– where we make a major change or cancel your arrangements more than 30 days before departure;
– where we have to cancel your arrangements as a result of your failure to make full payment on time;
– where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
– where we are forced to cancel or change your arrangements due to Force Majeure (see clause 8).
In the event of a change or cancellation, we regrettably cannot reimburse you for any incidental expenses incurred by you such as visas, vaccinations, equipment, transport, insurance or similar costs.
Please note: where accommodation with a higher price than the original accommodation is offered by us and accepted by you, the difference in price will be deducted from any compensation payable. In no case will we pay compensation if accommodation is offered by us and accepted by you with a higher price than that originally booked in the same location where no additional payment is made by you.
If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation.
8 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.
9 Your Insurance
It is a condition that you and your party obtain suitable Travel Insurance, from a reputable provider, which must at least include the following: –
• Emergency Medical Expenses including, amongst other costs; ambulance charges and repatriation
• Cancellation of your trip or Curtailment cutting short your trip
• Personal Liability to include, amongst other liabilities; damage caused by your (or your party’s) negligence to the property in which you are staying and may not include a clause which restricts actions being taken against a travelling companion other than family and must include contractual liability of the party leader for the actions of his party
• Travel and transfer delays which must include amongst other costs; additional costs incurred in the event of a delay
• The policy must include the activities you are likely to do and in particular skiing and snowboarding on and off piste with or without a guide
• The policy must cover the period from the date of booking to the last day of your trip and may not have a clause allowing the insurer to cancel the policy nor vary the terms usually following medical reasons unless there has been individual underwriting with specific terms.
Note:- There are of course other sections to a Travel Insurance policy such as Baggage and ski equipment, Legal Expenses, Personal Accident and so on.
In the event that you fail to obtain suitable Travel Insurance we shall not be liable for any costs incurred or claims made against us due to your failure to comply with this term.
The policy posted on our website is available from MPI Brokers and satisfies these conditions – https://retail.mpibrokers.com/SkiWeekender
10 Your Responsibilities
Your booking is accepted on the understanding that you realise the inherent risks and hazards of the trips and activities undertaken and agree to take responsibility for your actions and own safety – and for those of your group.
On the trips and activities it is necessary that you agree to abide by the authority of the Karibuni staff, their agents or your activity guides who will be working to ensure the safety and welfare of the group. Any action that jeopardises this may result in you being asked to leave the tour with no right to a refund or any compensation.
Special requests must be brought to our attention at time of booking. You must ensure that you have all appropriate passport and visa requirements for the duration of your trip – please be aware that Geneva is in Switzerland.
We are not a specialist disabled tour company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your trip, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in the trip. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
You must ensure that you are fit and healthy enough and physically able to participate in all elements of your chosen trip.
Please ensure that you have read the literature, or have talked to one of our bookings team and are happy with this before booking.
You must also make your own judgements as to your skills, abilities and safety, and any advice and recommendations on routes that you choose to undertake.
We cannot be held liable for any actions or events which could have been avoided with proper disclosure of information.
Personal property is always your own responsibility. All equipment used by you (either provided by Karibuni or hired by you) is your responsibility against loss, damage or theft. This covers (but is not limited to) skis and snowboards, bikes, clothing and equipment, GPS’s etc. The loss or theft of any such articles will mean that you will be liable for the repair or replacement of that item and any associated costs etc.
When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct at the time to the accommodation owner or manager or other supplier.
If you fail to do so, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions.
We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service.
We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
Smoking is not permitted in any vehicle or in any of the accommodation that we use.
11 Our Responsibilities
(1) Karibuni’s responsibility only starts at the designated meeting point and time (typically Geneva airport). We cannot be held liable for any expense or inconvenience before that, or as a result of you failing to join the trip at that time.
(2) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your tour. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
(3) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-
(a) the act(s) and/or omission(s) of the person(s) affected;
(b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
(c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
(d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
(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 an amount equivalent to the excess on your insurance policy which applies to this type of loss 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 and which don’t involve 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.
(c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel
i) 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 hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
iii) 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) 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: (a) 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) relate to any business.
(8) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised by us. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
12 Prices and Surcharges
The price of your travel arrangements has been calculated using exchange rates quoted in the Financial Times in relation to the following currencies: euros.
We reserve the right to amend the price of unsold trips at any time and correct errors in the prices of confirmed trips.
The price of your confirmed trip is subject at all times to variations in:
(i) transportation costs, including the cost of fuel; or
(ii) dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports; or
(iii) the exchange rates used to calculate your arrangements.
Such variations could include but are not limited to cost changes which are part of our contracts with transport providers and any other suppliers.
We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person. If this means that you have to pay an increase of more than 10% of the price of your confirmed travel arrangements (excluding any amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another trip if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice.
Should the price of your trip go down due to the changes mentioned above, by more than 2% of your confirmed trip cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
There will be no change made to the price of trip confirmed tour within 30 days of your departure nor will refunds be paid during this period.
13 Itineraries and Travel Arrangements
The itineraries should be taken as an indication of what each group should complete, and not as a contractual obligation. The nature of the trips requires a flexible approach to the stated itinerary and all participants should accept this flexibility and acknowledge that delays and alterations, and their results (such as inconvenience or disappointment) are possible.
We cannot accept any liability for any delay in your transportation from or to the UK whether the cancellation or delay is caused by adverse weather conditions, rescheduling by a transport supplier, airline, airport authority and/or action by air traffic controllers, mechanical breakdown or industrial action.
Delays to flights may mean that our airport transfers schedule from Geneva has to react and change. This may result in delays or longer waiting times than we would otherwise wish. We cannot be held liable for any inconvenience that this may cause, or for any missed connections etc.
We allow sufficient time to get you to the airport in time for your flight (typically departing 3hrs prior to the flight), but in the event of traffic congestion, vehicle breakdown, road closures or other unavoidable delays – we cannot be held liable for any missed flights or travel connections.
No refund or compensation will be given for any unused transport, accommodation, services or features of the tour. All details are accurate at time of going to press, and any significant alterations will be brought to your attention at time of booking.
The Package Travel (etc.) Regulations 1992 provide that in the event that you experience difficulty on the occurrence of circumstances described in clauses 11 (3) (a) (b) (c) or (d) of these booking conditions, we will provide you with prompt assistance. Where you experience a delay which is not owing to any failure by us, our employees or sub-contractors, this prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them. Any airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them.
14 Activities and Social Skiing Services
We cannot be responsible for the weather conditions and the effects that these may have upon your trip. Our activities will generally continue despite the weather although more severe weather may result in the cancellation for safety reasons. We endeavour to find suitable alternatives, but this is not always possible.
You accept the risk of weather affecting your trip and no refunds will be given for any activities not undertaken due to cancellation on safety grounds as a result of poor weather conditions.
The social skiing services provided by Karibuni for skiing holidays are provided as free elements of your holiday and are not subject to charges.
The teams qualifications may not be recognised in France and as such the service may be withdrawn if we are prevented from working by the French authorities. No refunds or compensation can be made as it is a free service provided for you with no charges made.
We make every effort to ensure that your arrangements run smoothly but if you do have a problem during your trip, please inform the relevant supplier immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact us on 0044 845 5575983. If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at Karibuni Limited, 118 Cornwallis Road, Bilton, Rugby, Warwickshire, CV22 7SL or by e-mail to email@example.com within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.
Please note that we do not offer an Alternative Dispute Resolution service.
16 Jurisdiction and Applicable Law
These Booking Terms and Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only.
17 Conditions of Suppliers
Many of the services which make up your trip are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
18 Foreign Office Advice
You are responsible for making yourself aware of Foreign Office advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure (see clause 8).
19 Passport, Visa and Immigration Requirements and Health Formalities
It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports.
Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit https://www.gov.uk/travelaware.
Non British passport holders
, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.
We do not accept any responsibility if you cannot travel or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
Excursions or other tours that you may choose to book or pay for whilst you are taking part in your trip are not part of your contracted arrangements with us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator