1. TERMS AND CONDITIONS
2. INFORMATION ABOUT US AND HOW TO CONTACT US
3. BOOKING CONTRACT WITH YOU
4. ACCOMMODATION
5. INSURANCE
6. YOUR RIGHTS TO MAKE CHANGES
7. OPERATORS/OWNERS RIGHTS TO MAKE CHANGES
8. PROVIDING THE BOOKINGS
9. YOUR RIGHTS TO END THE CONTRACT
10. IF THERE IS A PROBLEM
11. PRICE AND PAYMENT
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
15. OTHER IMPORTANT TERMS
16. JURISDICTION
17. MODERN SLAVERY STATEMENT
1. TERMS AND CONDITIONS
1.1 What these terms and conditions cover. These are the terms and conditions on which we supply our services to you. Please read these terms and conditions carefully before using our services. These terms tell you who we are, how your booking is made, what to do if there is a problem and other important information.
1.2 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if: You are an individual and we are supplying our services to you wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.3 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or proven negligent misrepresentation or proven negligent misstatement based on any statement in this agreement.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Blue Skies Lifestyle Limited a company registered in England and Wales. Our company registration number is 05493155 and our registered office is at 170 Charminster Road, Bournemouth, Dorset, BH8 9RL.
2.2 We are a booking finding service, offering a service to provide you with the owner/operator of exclusive ski accommodation. All of your enquires will be handled by our sales department to search for suitable options dependant on your criteria, until a decision is made.
2.3 How to contact us. You can contact us by telephoning our customer service team at +44 1202 203650 or by writing to us at ask@skiinluxury.com or at 170 Charminster Road, Bournemouth, Dorset, BH8 9RL.
2.4 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.
2.5 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. BOOKING CONTRACT WITH YOU
3.1 We are a booking finding service, offering to provide you with unbiased service to provide you with the owner/operator of exclusive ski accommodation. We do not have a contract with you for your booking, holiday or travel arrangements. We will simply provide the owner/operator of the accommodation with your contact details. You are then contacted directly by the owner/operator in order to complete the transaction. The owner/operator will be required to provide a booking form/contract to you, provide an invoice, and to take payment from you. The owner/operator will be in complete financial control of the reservation (which could include pre-arrival and in-resort concierge) and any further correspondence with you. However, we are happy to assist you, where we can.
3.2 If the owner/operator cannot accept your booking they will inform you via the email we provided to them. This might be because; the booking is unavailable which could not reasonably be planned for, because a credit reference does not meet the minimum requirements or because the owner/operator have identified an error in the price or description of the booking.
3.3 Please note that we are based in the UK and these terms and conditions are governed under English law, any interaction between you and us is under English law.
4. ACCOMMODATION
Accommodation may vary from their pictures. The images of the accommodation on our website are for illustrative purposes only. Although we have made every effort to display the pictures accurately, we cannot guarantee that the pictures accurately reflects the accommodation. For example, hotels and apartments might reduce or remove its facilities due to; maintenance or bad weather, building work or some services/activities might not be available at the start or end of the holiday season.
5. INSURANCE
We strongly suggest that you take out the relevant insurance before commencing your holiday. Please note that we are not a member of ABTA or ATOL. Please check the owner/operator you are booking with as they may or may not be a member of ABTA or ATOL, dependent on their business model and location. If you have any concerns about your insurances of the proposed holiday then please contact us directly to discuss.
6. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the booking, please contact the operator/owner directly. They are responsible for the booking and will be able to make any necessary changes to the booking. We are again on hand should you require any further assistance. Please keep us in copy on any changes requested with the operator/owner to ensure our records are up to date.
7. OPERATORS/OWNERS RIGHTS TO MAKE CHANGES
The operators/owners will have a right to make changes to your booking subject to the contract you receive from them.
8. PROVIDING THE BOOKINGS
8.1 We will supply our initial finding services to you until the owner/operator contacts you and takes control of the booking. Thereafter your booking will be handled by the owner/operator. If our intervention is required then please do get in contact with us and we will continue to assist where necessary. We will remain in regular contact throughout the booking process, before you depart and after your holiday in order to ensure everything goes smoothly.
8.2 We are not responsible for delays or cancellations outside our control such as Force Majeure as defined as circumstances amounting to; acts of God including but not limited to; earthquake, fire, flood, national disaster, natural disaster, avalanche, volcano eruption, famine, terrorism, national crisis. This includes if the booking is delayed or cancelled by an event outside our control.
8.3 We may need certain information from you including but not limited to: your full name, any other guest full names, date of births, Passport information, full addresses, every guest's nationality, email addresses; (in some cases both work and personal addresses), telephone numbers; (mobile, office and personal), any dietary requirements and any special requests that may be relevant. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we will not be responsible for supplying the booking details late or not supplying any part of them, if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.4 The owner/operator will contact you in advance to tell you if they are cancelling the booking, unless the problem is urgent or an emergency.
8.5 The owner/operator may also cancel the booking(s) if you do not pay. If you do not pay for the booking(s) when you are supposed to (see Clause 11.3) the owner/operator may cancel the booking. The owner/operator will contact you to tell you they are cancelling the booking(s). As well as cancelling the booking(s) the owner/operator can also charge you interest on your overdue payments and seek to legal action against you subject to owner/operator contract conditions.
9. YOUR RIGHTS TO END THE CONTRACT
The owner/operator booking form/contract will determine your rights to cancel/end the contract with them. Please note: Please ensure you understand what charges you will have to pay if you cancel your booking or remove someone from it with the operator/owner before you book.
10. IF THERE IS A PROBLEM
If you have any questions or complaints about our service, please contact us in the first instance. You can telephone our customer service team at +44 1202 203650 or by writing to us at ask@skiinluxury.com or 170 Charminster Road, Bournemouth, Dorset, BH8 9RL.
11. PRICE AND PAYMENT
11.1 We take all reasonable care to ensure that the prices on our website are correct, but at times, errors may occur and may fluctuate at operator's discretion. The price of the booking will be subject to a final confirmation at the time of booking.
11.2 If you are a business customer you must pay all amounts due to owner/operator under these terms in full without any set-off, counterclaim, deduction or withholding (other than as required by law).
11.3 The owner/operator may charge interest or cancel your booking, if you pay late, please see their contract with you for details.
11.4 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us and the owner/operator immediately.
11.5 Please note that there will be additional local charges may be made by the operator or owner for certain facilities/activities for example, laundry services, mini bars, air conditioning, taxes, ski lift passes, equipment hire, etc. These will be separate costs payable directly to the operator or owner as per their contract with you. Your contract with the owner/operator will list what is included.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE
12.1 We are responsible to you for foreseeable loss and damage directly caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable loss, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time both we and you knew it might happen, for example, if you discussed it with us during the process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our proven negligence or the proven negligence of our employees, agents or subcontractors, for proven fraud or proven fraudulent misrepresentation or for breach of your legal rights in relation to the bookings as summarised at Clause 12.1.
12.3 We are not liable for damage to your property and possessions whilst at any of the accommodation booked through us. We highly recommend that you take out sufficient insurance for personal injury, personal property, possessions, as well as, flight and holiday cancellation.
12.4 We are not liable for business losses. If you are a consumer we only supply the bookings for domestic and private use. If you are at business our liability to you will be limited as set out in Clause 13 below.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
13.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our proven negligence, or the proven negligence of our employees, agents or subcontractors (as applicable);
(b) proven fraud or proven fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
13.2 Except to the extent expressly stated in Clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
13.3 Subject to Clause 13.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss including but not limited to loss of profit, or any indirect or consequential loss arising under or in connection with any relationship between us; and
(b) where it is proven that there is a contract between us our total liability to you for all losses, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £1m GBP.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
Please see our separate Privacy Policy for details https://www.skiinluxury.com/privacy-policy. We will use the personal information you provide to us:
(a) to supply the bookings to the owner/operator;
(b) with your permission, to give you information about similar holiday accommodation and owner/operator Services, but you may stop receiving this at any time by contacting us.
15. OTHER IMPORTANT TERMS
15.1 When you travel by air or by sea, your journey may be subject to certain international conventions such as the Warsaw Convention, Montreal Convention or Athens Convention. You agree that the owner/operator's own ‘Conditions of Carriage' will apply to you on that journey. When arranging this 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 these terms and conditions form part of your contract with the owner/operator. You can ask the operator/owner to provide you with a copy of any of the conditions applicable to your journey.
15.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation including but not limited to the owner/operator of the accommodation.
15.3 You need our consent to transfer your rights and this agreement to someone else. You may only transfer your rights or your obligations under this agreement to another person if we agree to this in writing. We may require the person to whom your rights or your obligations under this agreement is transferred to provide reasonable evidence that they are now a party to this agreement.
15.4 Except as including in these terms and conditions, nobody else has any rights under this agreement. This agreement is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in Clause 15.2 and 15.3.
15.5 If a court finds any part of this agreement illegal, the rest will continue in force. Each of the Clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Clauses will remain in full force and effect.
15.6 Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
16. JURISDICTION
16.1 These terms are governed by English law and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim.
16.2 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. You can submit a complaint to CEDR https://www.cedr.com/about_us/. If you or we are not satisfied with the outcome you or we can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
16.3 If you are a business, any dispute or claim arising out of or in connection with this subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim.
17. MODERN SLAVERY STATMENT
It is our policy to provide services that meet and exceed the expectations and needs of our customers and to ensure that services are supplied to defined standards of content and fitness for purpose. To the best of our knowledge neither we, nor any of our officers, employees or other persons associated with us, have been convicted of any offence involving slavery and human trafficking; and/or have been or are the subject of any investigation, inquiry or enforcement proceedings by any governmental, administrative or regulatory body regarding any offence or alleged offence of or in connection with slavery and human trafficking. Blue Skies Lifestyle is committed to trading relationships which are both commercially viable and ethical.
