By making a booking, the first named person on the booking (the lead name) agrees on their own behalf and on behalf of any additional persons detailed on the booking that:
Our obligations to you will vary depending upon whether we act as a Package Organiser in the sale of a package holiday, as a Principal in the sale of single-element bookings (such as accommodation only bookings) or as an agent to help you to arrange activity and holiday products; our differing obligations are set out below, in four separate sections: Section A contains the conditions which will apply to all bookings. Section B contains the conditions which will apply when you make a booking with us where we act as the package organiser. Section C contains the conditions which will apply where you make a single-element booking with us, where we are acting as Principal. Section D contains the conditions which apply to agency bookings.
SECTION A – APPLICABLE TO ALL BOOKINGS
1. Making A Booking
Once we have received your booking and all appropriate payments (usually the booking deposit), we will, subject to availability, confirm your booking by issuing a confirmation invoice, either directly from us or on behalf of the supplier as applicable. A binding contract between you and the course / activity operator or other supplier (where we are acting as an agent), or between you and us (where we are the Principal or Package Organiser) comes into existence when we despatch the booking confirmation.
Please check this confirmation carefully as soon as you receive it. You must 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.
Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately, as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document immediately. Please ensure that the names given are the same as in the relevant passport.
Prices, and the related payment schedules, for the courses that we operate and sell on behalf of other suppliers are shown on our website: www.nonstopsnow.com. The prices, (unless otherwise stated) are usually inclusive of any local sales taxes (e.g. Canadian GST or United Kingdom VAT) although this is dependent on your country of residence.
The price applicable to a booking is the price for the relevant course shown on our website on the date on which the booking form is received in our office together with the non-refundable booking deposit (or full payment, if required at the time of booking). In the event that the price quoted on your booking form is out of date or otherwise incorrect, we will not issue you with a booking confirmation until you have specifically agreed the new price.
You will be required to pay a deposit or make full payment for your booking at the time of booking. Where you only pay a deposit you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions. Alternatively, where you have booked a package or accommodation only arrangement with us, you will be subject to our cancellation charges as set out in Sections B and C below.
Any discounts or offers advertised on our website cannot be used in conjunction with other discounts or offers.
We endeavour to ensure that all of the information and prices both on our website and in any advertising material that we issue 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 course or arrangements that you wish to book before your booking is confirmed.
4. Special Requests
If you have any special requests, please let us know at the time of booking. We will pass on all such requests to the supplier but we do not guarantee that they will be met and we will have no liability to you if they are not.
Adequate travel insurance is a condition of your contract with either us or the supplier in question, as applicable. You must take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including but not limited to: medical and repatriation costs) in the event of accident or illness; loss of baggage and money; and other expenses. Failure to disclose relevant information may affect your insurance. If you fail to travel with adequate insurance cover we will not be liable for any losses in respect of which insurance cover would otherwise have been available.
6. Fitness to Travel and Medical Conditions
We are not a specialist disabled holiday 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 stay, 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 tour. 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.
Please be aware that the booking conditions of the supplier will normally state that your holiday arrangements can be terminated, with no refund, if the behaviour of your party falls below an acceptable standard.
Where you have made a booking with us, you will be expected to comply with our Code of Behaviour, details of which can be found at the end of these Terms & Conditions. Failure to adhere to the code can result in you being required to leave the course. In this event, (1) you undertake to leave the resort until after the end of the course and (2) you accept that you will not be entitled to any refund in respect of the cost of the course.
You are responsible for looking after the property in which you will live. You will be required to provide the managers of the property where you are staying with your credit card details. In the event that the property in which you live does not suffer any damage, your card details will be destroyed following the completion of the booked arrangements. In the event of damage being inflicted on the property, then you and the other course participants occupying the property will be required to pay pro rata for the damage sustained. You are responsible to pay for any damaged caused by visitors to your accommodation. You agree to indemnify us for the full amount of any claim (including all legal costs) made against us by the supplier or any third party as a result of your conduct.
Any accommodation we arrange for you must only be used by those people named on your Confirmation Invoice (or on latest Amendment Invoice issued). You are not allowed to share the accommodation or let anyone else stay there unless you have had permission to do so from us or the hotel management. You are responsible for the cost of any damage caused to your accommodation or its contents during your stay. These charges must be met by you and may have to be paid locally before you leave resort.
You may be evicted from your accommodation for violating the accommodator’s policies. Examples of unacceptable behaviour that could result in eviction from your accommodation is listed in the Code of Conduct at the bottom of this document. If you are evicted from one of our properties you will be responsible to find alternate accommodation at your own cost. Nonstop works with our partner accommodators to enforce their terms and conditions, as such it may result from you being expelled from the course.
9. Passports, Visas and Health
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. Please note some countries require 2-3 blank pages at the end of your passport. For further information contact the Passport Office.
When travelling to Canada you must check with your foreign office and the Canadian authorities that you have the correct passport and comply with the visa requirements. Under Canada’s eTA program, citizens from countries other than the United States, who do not need a visa to enter Canada, will need to obtain an online authorization before flying to Canada, unless otherwise exempted. The earlier travellers get their eTA, the sooner they will benefit from knowing they have been pre-screened to enter Canada. A nominal fee (currently $7) is payable for processing an application for an eTA (electronic travel authorization). An application for an electronic travel authorization must be made by means of an electronic system that is made available by the Department (Citizenship and Immigration Canada) for that purpose. An electronic travel authorization is valid for a period of five years from the day on which it is issued to the applicant or until the earliest of the following days, if they occur before the end of that period: (a) the day on which the applicant’s passport or other travel document expires, (b) the day on which the electronic travel authorization is cancelled, or (c) the day on which a new electronic travel authorization is issued to the applicant.
Special conditions apply for travel to the USA, and all passengers must have the appropriate visa and individual machine readable passports. Please check www.usembassy.org.uk For European holidays you should obtain a completed and issued form EHIC prior to departure.
Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk.
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.
Health facilities, hygiene and disease risks vary worldwide. You should take health advice about your specific needs as early as possible. Sources of information include; www.fco.gov.uk, www.hpa.org.uk, and your General Practitioner or a specialist clinic.
Where you have booked a package holiday with us or a single-element booking where we are acting as principal, please inform us immediately by speaking with a company representative in resort. Alternatively, you can contact us on the numbers listed on our website. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to us giving your booking reference and all other relevant information. It is strongly recommended that you communicate any complaint to the supplier of the services in question without delay whilst in resort. If you fail to follow this procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.
Where we are acting as agent, the contract for your arrangements is between you and the supplier and any queries or concerns should be addressed to them. If you have a problem whilst abroad, this must be reported to the representative / supplier or their local supplier or agent immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances.
If you wish to complain when you return home, write to the supplier. You will see the name and address plus contact details in any confirmation documents we send you. We will of course assist you with this if you wish - please contact us.
We offer an Arbitration Service, which has been devised by arrangement with the Year Out Group, and is administered and managed by Dispute Settlement Services.
11. 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 of the service 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, extreme weather events, fire, chemical or biological disaster and all similar events outside our control or the control of the supplier concerned.
12. Your Responsibilities
You are responsible for checking-in for flights at the correct time and for presenting yourself to take up all pre-booked components of your arrangements. We cannot accept responsibility for missed flights as a result of late check-ins and no credit or refunds will be given if you fail to take up any component of your booked arrangements. No credit or refund will be given for lost, mislaid or destroyed travel documents.
For the purposes of the Excise Tax Act you are responsible for notifying the company if you are a Canadian resident.
13. Ski & Snowboard Lessons
Minimum Ability Levels
On each course there is a minimum acceptable ski or snowboard ability level. This is shown on the website page for each course. It can sometimes be difficult to judge your level and you may find that your ski level is below the minimum level for the course you have booked. Usually we are able to cater for this eventuality; however, on some occasions we may need to transfer you into another appropriate ski course with a ski school or arrange private instruction with another instructor in the resort. These alternative lessons may vary in duration and may not be equivalent to the original course booked. Any additional costs incurred for these additional lessons will be payable by you directly to the ski school.
In the event that due to your absence from the course (due to injury or otherwise) your ski or snowboarding ability becomes incompatible with the other participants of the group and it proves impractical to include you in any of the classes arranged by us or our suppliers, we undertake to discuss the situation with you but reserve the right to exclude you from any booked course classes and to transfer you into another appropriate course with a ski school or arrange private instruction with another instructor in the resort. These alternative lessons may vary in duration and may not be equivalent to the original course booked. Any additional costs incurred for these additional lessons will be payable by you directly to the ski school.
Groups and Ability Level
On the first ski day of your course, participants will be divided into groups based on the information you provide us before you arrive relating to your previous ski experience and ability. Usually there are some movements between ski groups from the second day onwards in order to make sure groups are compatible. Our instructors will consider your technique, speed of travel and the appropriate terrain difficulty when deciding groups. They will be placing you in a group that will allow you and the group to best improve your skill, not necessarily the hardest group you could manage. The instructors will have the final decision about which group you should ski in.
Mixed Level Ability Groups
Although we aim to keep the groups as homogenous as possible, any group lesson will contain a mixed level of ability. If the split is significant, your instructors will be using varied terrain and exercises to develop performance of all members of the group. Some of the group may need to wait for others to descend a slope. It is crucial that stronger members are supportive and that weaker members do not let this affect your confidence. The coaches are very skilled at developing performance whilst catering for variations in levels of ability. By booking a Nonstop course you must accept the possibility you may be in a group of a mixed level of ability and may have to adjust your aspirations accordingly.
Ski groups are considered to be compatible if participants in that group can ski the same terrain 90% of the time with less than a two-minute wait at each re-group based on a normal re-group frequency for the majority of the group’s clients. Non-compatible groups will be rearranged.
On our instructor training courses the maximum group size is a ratio of eight participants to one instructor. On our improvement and off-piste camps we currently have a historical average ratio of 4.5 participants to each instructor but the maximum overall ratio is six participants to one instructor (i.e. three instructors would be assigned to 18 participants). In the event of an ‘ability split’ a maximum of seven participants to one instructor will be permitted as this enables us to move a participant to another group without requiring another client to transfer groups to accommodate the new arrival.
Poor Snow and/or Weather Conditions
In the event of there being poor or no snow in your booked resort, we'll try our best to get you on the slopes as near to your chosen resort as possible. We cannot, however, guarantee there will be an available slope within reach from your resort and also we cannot always guarantee that we'll be able to make the necessary arrangements where alternative slopes are open. Where we do make alternative arrangements, we'll only pass on additional costs incurred by us to get you to the snow. We will not profit from these additional arrangements and we'll do our best to make it as cost effective as possible for customers. Poor snow conditions may also affect the availability of other activities and excursions which are dependent on snow, and we advise you to check with us or the activity provider as to their availability.
Occasionally due to extreme weather conditions all the ski lifts in the resort may be closed. If we are unable to run our on-snow training, we will supplement this with other off-snow activities. The off-snow activities may not be the equivalent duration that the ski coaching is advertised. We cannot give refunds for any on-snow time missed due to lift closure. Check your insurance policy as it may cover you for lift closure.
Being Asked to Leave the Course
If the instructor feels that you are skiing or behaving in a manner that either endangers yourself, other members of the group or public or causes disruption within the group from either your skiing or your personal behavior, the instructor will ask you to adjust your skiing and/or behavior accordingly. Failure to do so could result in being asked to leave the course. In this situation no refunds will be given.
If you have been absent from a significant number of lessons you may not be able to return to the course.
You will not be able to participate in a ski lesson if you are under the influence of recreational drugs
You will not be able to participate in a ski lesson if you are taking over-the-counter or prescription drugs that limit your ability to safely ski.
You will not be able to participate in lessons if you are drunk. We discourage drinking before lessons or at lunch as any amount will negatively affect your performance on snow. The limit for returning to lessons is one serving of alcohol.
Alcohol may not be consumed while in lessons
Helmets are highly recommended on all our courses and almost all local skiers and snowboarders wear helmets. Life-changing head injuries can be prevented in many cases with the use of a helmet.
Helmets are mandatory in terrain parks, on race courses and during instructor and ski patrol examinations.
Free Level 1 Instructor Exam Re-Sit
Participants on our 11-week ski or snowboard instructor courses in Canada who fail their level 1 CSIA or CASI exam the first time will be entitled to a free CSIA or CASI Level 1 exam re-sit provided they meet the criteria of this offer. To qualify participants must attend every lesson available to them preceding the exam. They must conduct themselves in a respectable manner and be attentive to their instructor during lessons.
You are responsible for turning up on time for lessons.
By booking a Nonstop course you will be taking advantage of a huge amount of experience and expertise. The instructors who work on behalf of Nonstop are very skilled at developing performance as described on the Nonstop website. The instructors and mountain guides are well trained in the safety aspects of skiing or snowboarding in the mountains. They can advise, help and lead you. However skiing involves an element of risk, which you must accept as inherent to the sport. You must take responsibility over your own actions and decisions when skiing on the mountain either by yourself or within a Nonstop lesson group. It is known that accidents do happen as part of skiing. By booking on a Nonstop ski or snowboard course you will be accepting the risk involved and accepting that an accident may happen. You will also be responsible for deciding to take part in any activity whether an exercise, a particular technique, skiing a particular slope, skiing a particular speed or skiing particular snow textures. In race training you will also be accepting whether to ski a particular ‘course’ and what speed to ski at. We or the instructors and mountain guides working on behalf of Nonstop cannot be held responsible for accidents and your actions. If at any point you wish not to take part in an activity for any reason then you must let the instructor or mountain guide know immediately.
15. Waiver Forms
Some activities carry inherent risks and you will be required to sign an additional waiver form before your participation in lessons or guided activities provided by the company and for those activities (such as, but not limited to, cat-skiing, heli-skiing, snowmobiling, snow-biking, dog sledding) organised by local suppliers. In the event that you are not prepared to sign these waiver forms, we (or the supplier of your arrangements) reserve the right to exclude you from that activity without compensation. Suppliers' forms can be provided upon request; please contact our office. A copy of the Nonstop Waiver Form which we will require you to sign before or upon arrival in resort can be viewed online here:
Waiver form for clients booking a course delivered in Fernie
Waiver form for clients booking a course delivered in Banff
Waiver form for clients booking a course delivered in Cervinia
Waiver form for clients booking our Snow Safari
16. Law and Jurisdiction
These terms and conditions are governed by English law and any dispute arising between the parties is subject to the exclusive jurisdiction of the courts of England and Wales (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable).
Excursions or other tours that you may choose to book or pay for whilst you are in resort 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.
18. Conditions of Suppliers
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 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 us or the supplier concerned.
SECTION B: PACKAGE HOLIDAY BOOKINGS
This section only applies to Package Holidays booked with us as Organiser. Please read this section in conjunction with Section A of these Booking Conditions.
19. Definition of Package
A “Package Holiday” exists if you book a pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation: (a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package. Where you have booked a Package Holiday with us, we will accept responsibility for it in accordance with these Booking Conditions as an “Organiser” under the UK Package Travel, Package Holidays and Package Tours Regulations 1992.
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 holiday 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.
We will absorb and you will not be charged for any increase equivalent to 2% of the price of your arrangements, which excludes any amendment charges and/or additional services or arrangements. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agents’ commission (where applicable). If this means that you have to pay an increase of more than 10% of the price of your confirmed arrangements (excluding any amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another course or travel arrangements 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 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 arrangements go down due to the changes mentioned above, by more than 2% of your confirmed holiday 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 your confirmed arrangements within 60 days of your departure nor will refunds be paid during this period.
21. Changes by You to Your Package Booking
If you wish to change any part of your Package 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 £50 / CAD$75 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 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 £50 / CAD$75 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. Otherwise, no refunds will be given for passengers not travelling or for unused services.
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.
22. If You Cancel Your Package Booking
If you decide to cancel your confirmed booking 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 in the table below (the cancellation charge detailed is calculated on the basis of the total cost payable by the person cancelling, excluding insurance premiums and amendment charges which are not refundable in the event of the person to whom they apply cancelling).
Period before departure within which notice of Cancellation by you is received
Amount of cancellation charge
120 days or more
Loss of deposit
Between 120 – 84 days
50% of cost of booking
84 days – 70 days
75% of cost of booking
70- 42 days
90% of cost of booking
42 days or less
100% of cost of booking
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
We will deduct the cancellation charges from any monies you have already paid to us.
If you decide to cancel individual components of your Booking including ‘More Program’ activities, excursions and optional extras, the cancellation charges listed in the table above apply.
Transferring your Booking or Activity: In the event of cancellation you may be able to transfer your booking, ‘More Program’ activity or optional extra to another person if we consider their current ski or snowboard ability suitable for the course, and if all elements of the booking, including accommodation, are suitable to their needs. We reserve the right to refuse the transfer of bookings to another person.
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.
22.1 TEMPORARY EXCEPTION TO CANCELLATION POLICY DUE TO COVID-19 OUTBREAK
Due to the uncertainty around travel because of the Covid-19 outbreak, we have implemented a temporary exception to our standard cancellation policy.
From 12th March 2020, we have reduced our booking deposit for all Nonstop courses (except the internships) to just £75.00 // $150.00 at the time of booking. The deposit is fully refundable until we have notify your otherwise.
In the event that we are unable to run the course, we will provide a full refund of the course fees paid.
23. If We Make a Change or Cancel Your Package Holiday
As we plan your holiday arrangements 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.
Changes: If we make a minor change to your holiday, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include change of accommodation to another of the same or higher standard.
Occasionally we may have to make a major change to your confirmed arrangements. ”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.
Cancellation: We will not cancel your travel arrangements less than 56 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance. We may cancel your arrangements 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.
Compensation: If we cancel or make a major change less than 56 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
56 days or more = Nil
55 - 28 days = £20
27 - 14 days = £30
Less than 14 days = £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 56 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 11).
Please note: where arrangements with a higher price than the original arrangements booked 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 arrangements are 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.
24. Our Responsibilities to You in respect of Package Holidays
(1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the UK 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.
(2) 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; or (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. (3) 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. (4) 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. (5) 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. (6) 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. (7) 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 exampleany excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you. 25. Delays, Missed Transport Arrangements and other Travel Information If you or any member of your party miss your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately. Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We cannot accept liability for any delay which is due to any of the reasons set out in clause 11 of these booking conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time). The carrier(s), flight timings and types of aircraft shown on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know. Please note the existence of a “Community list” (available for inspection at http://ec.europa.eu/transport/air-ban/list_en.htm) detailing air carriers that are subject to an operating ban with the EU Community. Our website and advertising material is our responsibility. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements. The Package Travel (etc.) Regulations 1992 provide that in the event that you experience difficulty on the occurrence of circumstances described in clauses 24 (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. Subject to the other terms of these conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. 26. Financial Security We provide financial security for flight inclusive Packages, Flight Plus bookings and ATOL protected flights. We do this by way of a bond held in favour of the Civil Aviation Authority under ATOL number 5828. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. For further information, visit the ATOL website at www.atol.org.uk. The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to Customers who book and pay in the United Kingdom. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL Scheme (or your credit card issuer where applicable). If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme. We provide financial security for holidays not including flights by way of Affirma Financial Failure Protection Insurance. More details can be found here: www.nonstopsnow.com/financial-protection. If you book arrangements other than an ATOL protected flight, Package or Flight-Plus from this brochure/website, your monies will not be financially protected. Please ask us for further details. SECTION C: PRINCIPAL BOOKINGS This section applies to all single element bookings (i.e. accommodation only bookings) where your contract is with Nonstop Adventure Limited. You’ll know whether your contract is with us as it will be specified on your confirmation invoice. Please read this section in conjunction with Section A of these Booking Conditions. 27. Changes Made 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 £50 / CAD$75 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 (see below). Please note: Certain arrangements may not be amended, even to change a name, after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements. 28. If You Cancel Your Booking If you or any other member of your party decides to cancel your confirmed booking 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. Cancellation charges for the arrangements will be as follows: Period before departure within which notice of Cancellation by you is received Amount of cancellation charge 60 days or more Loss of deposit 59 – 31 days 60% of cost of booking 30 – 14 days 80% of cost of booking Less than 14 days 100% of cost of booking 29. If We Change or Cancel Your Booking We may in exceptional circumstances be required to cancel your booking in which case a full refund of all monies paid will be made to you. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation. Very rarely, we may be forced by "force majeure" (see clause 11) to change or terminate all or some of your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result. 30. Our Responsibilities (1) Subject to the remainder of this clause, we have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents. (2) 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; or (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. (3) 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 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 you in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your booking. (4) 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. (5) 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. (6) 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. (7) 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, or any service or facility which your hotel or any other supplier agrees to provide for you. SECTION D: AGENCY BOOKINGS This section applies to bookings we make for you when acting as agent. Please read this section in conjunction with Section A of these Booking Conditions. 31. Your Contract When making your booking we will arrange for you to enter into a contract with the supplier (“Supplier/Principal”) named on your booking confirmation. As an agent we accept no responsibility for the acts or omissions of the Supplier/Principal or for the services provided by the Supplier/Principal. The Supplier/Principal’s Terms & Conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them. 32. Cancellation and Amendment Any cancellation or amendment request must be sent to us in writing, by email, fax or post, and will take effect from the day we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier/Principal of your arrangements. The Supplier/Principal may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the arrangements and will normally increase closer to the date of departure). In addition we may ask you to pay an administration fee of £50 / CAD$75 per person for any amendments. You will be notified of the exact charges at the time of amendment or cancellation and it is recommended that you contact us prior to amendment or cancellation in order to confirm the charges applicable. 33. Changes or Cancellations by the Supplier/Principal We will inform you of any changes or cancellations made by the Supplier/Principal as soon as reasonably possible. If the Supplier/Principal offers alternative arrangements or a refund, you will need to let us know your choice within the stipulated time frame. If you fail to do so the Supplier/Principal is entitled to assume you wish to receive a full refund. We accept no liability for any changes or cancellations made to your arrangements by the Supplier/Principal under your contract with them. 34. Our Responsibility for Your Booking Your contract is with the Supplier/Principal and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission earned in relation to your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment. Code of BEHAVIOUR By signing these terms and conditions you agree to adhere to our code of conduct while on one of our courses. We take the matter of the behaviour of our clients as guests within another country’s community extremely seriously. Likewise, the decent behaviour of our clients towards each other is vital for the fun and benefit that each person gains from their time in the mountains. We intend that you will have an amazing time whilst on our course but being part of a large group and living in close quarters with each other means that inappropriate or anti-social behaviour by one person can create an unpleasant experience for others. Everyone is expected to be as tolerant as possible but if you are concerned by someone’s behaviour it is your responsibility first to speak to the person who is bothering you. If you are unable to solve a problem amongst yourselves, a company representative will be available to help mediate. You are required to be considerate and respectful to others while participating on a Nonstop course. Breaking the law whilst on a course will not be tolerated and could result in being evicted from the course. Examples of the type of unacceptable behaviour that could result in you being thrown off the course include: Any criminal activity Damage to your accommodation or other property Physical violence towards anyone whether a member of the local community or a fellow course member Possession or use of illegal substances Skiing in parts of the ski area that are closed Repeated verbal abuse towards anyone Theft Excessive drunkenness that is threatening to you or to others Missing a significant number of lessons Being disruptive to other students during lessons. Poor health – if your course director has any concerns about the state of your mental or physical health that could threaten your safety or the safety of others you will be asked to return home. In the event that a person is judged to have committed an act that is deemed to be unacceptable behaviour justifying his/her removal from the course, under the Company’s Terms and Conditions, the person concerned (1) undertakes to leave the resort until after the end of the course and (2) accepts that he/she is not entitled to any refund of the fees paid. Accommodation Code of Conduct: You may be fined or evicted from your accommodation by Nonstop or the accommodation supplier for: Excessive noise during regular hours and any noise that disturbs any other occupants during quite hours Smoking inside the accommodation or allowing any form of smoke smell to enter the premises. This includes smoking outside near open doors or windows Damage to common or private property Failure to maintain a tidy room on scheduled cleaning days. Regular cleaning is needed in order to prevent long term damage to the property. The housekeeping staff can only do this if you keep the beds, floors and other surfaces clear on scheduled cleaning days Excessive dirt damage to rooms or common areas such as food or drink stains Excessive odours caused by poor hygiene or fragrant substances being brought into rooms Entering restricted areas of the property without permission. Bringing skis or snowboards into your room. Note a ski locker is provided Overnight guests staying without permission from hotel management Other conditions specific to the provider of your accommodation may apply and will be outlined and agreed to at the start of your stay.
Nonstop Adventure Ltd Office 172, 3 Edgar Buildings, George Street, Bath, BA1 2FJ [email protected] Tel: +44 (0)1225 632 165