These Booking Conditions, plus the information displayed on our website www.footprint-holidays.com, form the basis of a contract between Footprint Holidays Limited, registered in England and Wales number 07933844 at October Cottage,67 Finnart Close, Weybridge Surrey KT13 8QF (the ‘Company’) and ‘You’, the person making the booking.
The Company is based and operated from the UK. This contract is governed by English Law. All prices are quoted in UK Pounds Sterling (£GBP). Our activities relating to You and your booking under this Agreement our governed by the Package Travel, Package Holidays and Package Tours Regulations 1992.
Please read these booking conditions carefully. Any reservation will be accepted on the basis that these conditions have been read and agreed. Any waiver of any of these clauses by the Company will not bind the Company to any subsequent waiver or otherwise affect the Company’s position.
In making this Booking You confirm that You and/or the Party Leader (the first person listed on the Booking - if different from You) (a) have read, understand and agree to these Conditions and have the agreement of all party members that they will also be bound by these Conditions, (b) are over the age of 18, (c) accept responsibility for payment of the full amount due for this Booking.
1. Confirming a booking
(a) Normally, your booking will be directly with the Company. However, if you book your holiday through a travel agent or other group leader or party organizer, any monies paid by you to such persons are held by that person solely as your agent until such time as the Company has received these monies. Your Booking is only secure on the release of such monies to the Company.
(b) On booking you must pay the deposit specified on on the Holidays Page of our website. If booking within twelve (12) weeks of departure, full payment of the holiday price becomes due on Booking.
(c) A binding contract comes into existence when we accept your deposit or, in the case of bookings made within 12 weeks of departure, we give you verbal confirmation (which will be followed by written confirmation).
(d) For all bookings made within twelve weeks of departure, the accommodation is confirmed as soon as verbal confirmation is given over the phone and, therefore, if you subsequently cancel your booking, cancellation charges as shown in Condition 4(a) apply.
(e) The person signing the Booking Form warrants to the Company, as a fundamental term of the contract, that he or she has the authority of each party member (and when a party member is less than 18 years old the authority of a parent or legal guardian) to contract with the Company on behalf of each such member on the basis of these conditions and that all such persons are aware of these conditions and have agreed to be bound by them.
(f) This contract shall be governed by English Law and is subject to the exclusive jurisdiction of the Courts of England and Wales.
(g) No additions, deletions, changes or promises may be made relating to these conditions save in writing by a Director of the Company.
(h) No amendment, deletion or addition to the price or content of your accommodation will be binding on the Company unless confirmed in writing by the Company.
(i) If paying by cheque, secured over the telephone by Banker’s Card, payment will be processed from the card details given to secure the booking ONLY where agreed monies are not received by the required date and provision of these details to us will be deemed to include authorisation to deduct this payment. This authorisation will also apply to outstanding accounts for in-resort services for any member listed in the booking form.
(a) All deposits paid are non-refundable except in the circumstances detailed in Conditions 6(b) and 7(b).
(b) A final statement will be sent with the booking confirmation (and no further reminders will be sent and the full amount outstanding must be received by the Company no less than 12 weeks before departure (or immrdiately, for bookings taken 12 weeks or less before departure).
(c) Should your final invoice be inaccurate for any reason, this does not permit late payment of the final balance which remains due 12 weeks prior to departure.
(d) If the Company does not receive deposits and/or the full amount outstanding on the final invoice by/on the due dates(s) the Company reserves the right at its absolute discretion and at any subsequent time before departure to treat the booking as cancelled by you and charge cancellation charges in accordance with the scale set out in Condition 4. In such cases a written notice of cancellation and a cancellation invoice will be sent to you.
(e) All payments and Final Details forms must be received by the Company by the due dates. The Company reserves the right to make an administrative charge of £25 per person should this not be strictly adhered to.
(f) We reserve the right to pass on a 3% charge for any payment amount made by credit cards. Debit cards are free to process. We do not accept American Express card payments.
(g) The person signing the booking form accepts all responsibility for payment of in-resort services by every member of his/her party. Should a member of the party fail to pay for any part of their holiday, then the amount owed to the Company or its in-resort suppliers will be deducted from the credit/debit card given as security deposit by the party leader.
(h) In the event that there are debts remaining after the departure of the party from the resort, the Company will make an administrative charge of £25 for each debt in order to cover increased administration costs to recover the debts.
(i) In the event that it becomes necessary to incur legel (or other) fees to recover any such debt, the Comapny reserves the right to pass these costs on to you.
3. Prices and surcharges
(a) There will be no surcharges the accommodation prices quoted in our online brochure (web-site). Once you have booked your accommodation and paid the deposit, the basic price of your accommodation as shown on your invoice cannot be increased (except in the case of errors or omissions) and will not be subject to any price amendments, unless you change your booking after confirmation and/or fail to meet payment schedules as outlined in the brochure and in these booking conditions. Our reservation staff will be able to confirm the correct price of your accommodation before you make your booking and, once confirmed, the basic price of your accommodation cannot be increased.
(b) The final cost of some of the additional elements of your holiday cannot always be confirmed until final prices have been agreed with the relevant suppliers. Once these prices are known, you have the right to not pay these additional elements and not accept them as part of your holiday.
(c) No surcharges are levied in the event of any unfavourable fluctuations in the components of your holiday cost. Similarly, no refunds are possible in the event of any favourable fluctuations.
(d) The prices, offers and information quoted are valid at the time of publication. We reserve the right to increase or reduce these prices or amend these offers or information at any time after publication and in future editions of the brochure. You will be advised of any change at the time of booking.
(e) There will be no surcharges to the accommodation prices quoted in our online brochure (web-site). Once you have booked your accommodation and paid the deposit, the basic price of your accommodation as shown on your invoice cannot be increased (except in the case of errors or omissions) and will not be subject to any price amendments, unless you change your booking after confirmation and/or fail to meet payment schedules as outlined in the brochure and in these booking conditions. Our reservation staff will be able to confirm the correct price of your accommodation before you make your booking and, once confirmed, the basic price of your accommodation cannot be increased us.
4. Cancellation and amendments
(a) If you wish to cancel or amend all or any part of your booking you should advise the Company in writing as soon as possible. Any minor changes to the booking (such as name changes) may incur an amendment fee of £25 per change. A cancellation or amendment is effective only when received in writing by the Company from the person signing the Booking Form. Any new person added to the booking will be deemed to have signed the original Booking Form and confirm that they agree to these Booking Conditions.
(b) The following cancellation charges are applicable to all monies paid or due, excluding insurance and travel purchased by the Company on your behalf, which are non-refundable .
(i)More than 12 weeks before departure, the Deposit received or due is forfeited.
(ii) 12 weeks or less before departure the total invoiced holiday price is forfeited.
(c) If we do not receive your completed booking form one (1) month before your arrival in your destination (or within 48 hours of booking if your arrival in resort is within one month of booking) then we reserve the right to charge an administration fee of £50.
5. Holiday/cancellation insurance
Holiday/cancellation insurance must be taken out before you travel. THIS IS A CONDITION OF BOOKING WITH US. Please ensure that this includes cover for accident/injury in the event that you undertake any hazardous activities – check with your policy. Please be advised that there are wide variations in what constitutes a hazardous activity between insurance companies. You should also insure for the loss, theft or damage to any of your personal belongings. We strongly recommend insurance is taken out at the time of booking, to cover any event occurring between booking and travel, which may prevent you travelling.
6. If there is a change in plan
(a) Whilst the Company will at all times endeavour to satisfy client’s requirements, the Company reserves the right to make alterations to any holiday details both before and after any booking has been confirmed. If, for any reason, we need to make a change before departure, the Company will inform you as early as possible.
(b) Most changes, if necessary, will be minor. Occasionally, we have to make a significant change to your holiday. In the event of a significant change, you will be offered the choice of accepting the change, or purchasing another holiday, of at least comparable standard if available (and paying a supplement or receiving a refund in respect of any price difference), or receiving a full refund of all monies paid.
(c) On rare occasions a ski area may be without snow. Snow is, of course, totally outside of the Company’s control and a lack of snow, or partial or full closure of a ski resort will not constitute a significant change.
7. If we cancel your accommodation
(a) We reserve the right at our absolute discretion to cancel your holiday up to the date when payment of the final balance of the price becomes due (normally not less than 12 weeks before your scheduled departure date). We shall only cancel after that date if: you fail to pay any of the deposits or final balance in full and on time, or it becomes necessary to do so as a result of circumstances beyond our control including, but not limited to those amounting to ‘Force Majeure’ as defined in Condition 8.
b) If we are forced to cancel your holiday (other than due to your default in payment), the Company will offer you the choice of an alternative holiday, of at least comparable standard, if available, (and paying a supplement or receiving a refund in respect of any price difference) or a prompt and full refund of all monies you have paid.
(c) Very rarely, the Company may be forced to curtail your accommodation after departure where circumstances arise amounting to ‘Force Majeure’ as defined in Condition 8. We reserve the right to do so and regret we cannot make any refunds or pay any compensation or be responsible for any cost or expenses incurred by you as a result.
8. Force Majeure
We regret we cannot accept liability, or make any refunds or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by reason of circumstances amounting to ‘Force Majeure’. Circumstances amounting to ‘Force Majeure’ include any event which we, or the supplier of the service(s) in question, could not, even with all due care, foresee or forestall such a (by way of example and not by way of limitation) war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, acts of God, adverse weather conditions and all similar events.
9. If you have a complaint
If you have a complaint about any aspect of the service provided by us, you must report this immediately to our local representative and also to the supplier of the service in question (if appropriate), so that action can be taken to resolve the matter. If the complaint cannot be resolved, then please follow it up with a letter to the Company within 28 days of returning from your holiday. The Company cannot accept liability in respect of any claims not notified to ourselves and to our supplier in accordance with this clause.
10. Inventory deposit
(Self-catered accommodation only) In order to comply with the letting contract between the Company and the accommodation owners a deposit against damage, loss or breakages will be required. This deposit amount depents upon the accommodation. Deposits are payable in advance and may be made by credit/debit card or in cash. We regret personal cheques are not acceptable. You should contact our local representative during your stay to discuss an end-of-stay inspection. Inventory deposits are normally refundable in full within 14 days of your departure from the resort providing that the accommodation is left without defect. Where a deduction is necessary your deposit, less any amount needed to make good the loss or damage, will be returned to you within one calendar month of you leaving the resort, together with a schedule of the deductions (if applicable).
11. Self-catered accommodation provisions
Our standard self-catered accommodation includes sheets, pillowcases, towels and tea towels. In the interests of hygiene, clients will not be permitted to stay in the accommodation without bed linen. In no circumstances may you exceed the maximum stated number of guests in an apartment. This is a fire hazard and is illegal. By breaking the law you are risking forcible eviction by the local Police Force.
12. During your holiday
The Company accepts no liability for any accident, losses or suffering arising for any reason. The Company’s staff may offer assistance where possible but such assistance is free and unqualified and carries no liability whatsoever. You are strongly advised to ensure that you are adequately insured both for personal injury and material loss/damage.
13. Airport transfers
If you have arranged your airport transfer through us, it is your responsibility to inform us, in writing, at least 14 days before your holiday commencement date, of the incoming flight details (date, flight number, arrival time). If you do not do this, then the Company cannot guarantee to meet you. Any additional costs involved in arranging for a vehicle to collect you from the airport in these circumstances will be charged to you at cost. Additional administrative costs may apply as described in paragraph 4.
14. Activity holidays
All activities not included as part of the holiday you buy from the Company are subject to any arrangements which you make directly with the supplier of such activity. Where the Company provides an ‘Activity Holiday’ (Summer or Winter) using external instructor(s) or course leader(s); special limitations apply to any claim made against the Company. If you have a complaint about the service provided by the external supplier(s), you must verbally report this to the Company’s representative in resort DURING your holiday and receive a written acknowledgement of your complaint.
The Company will raise your complaint with the supplier immediately and attempt to reach a mutually agreeable outcome between you and the supplier within 14 days of the completion of your holiday. In any event, the maximum compensation for any default in the supply of an externally provided service is limited to the price you paid for the holiday less any accommodation costs (as defined by the normal price list shown on our website), less the cost of any additional services provided to you during your holiday). Your booking on any ‘Activity Holiday’ is accepted by us on the basis that you have read, understood and have agreed the limitations to any compensation you may be due as defined within this paragraph.
15. Local taxes
The Mayor’s office charges a local tax, normally for all those aged 16+. This tax is not included in the price quoted for your accommodation.
16. Our website and property descriptions
We have taken great care in the production of our online brochure and accompanying literature but regret that we cannot be held responsible for circumstances outside of our control such as public holidays, religious festivals, maintenance work to, breakdown of, or closure of lift systems, adverse weather conditions, alterations to the furnishing of properties made by the owners, nor guarantee the working of equipment such as televisions, telephones, etc. If any change becomes apparent which we believe will materially affect the enjoyment of your holiday then we will notify the party leader immediately it is brought to our attention.
17. Special offers
- Special offers are applicable to new bookings only from the advertised date of promotion and valid until the advertised close date
- Special offers cannot be applied retrospectively
- Holidays maybe taken at any time except for dates specified in the promotion
- No special offers can be taken in conjunction with any other offers unless explicitly specified
- Special offers apply to our catered chalets (excluding our season chalet) and self catered apartments only and not hotels advertised on our site unless explicitly specified.
18. Company Liability
The Company’s liability to compensate you and the amount of such compensation is subject to the following limitations. In the case of damage other than death, illness or personal injury, compensation is restricted to a reasonable amount having regard to such factors as, inter alia, the holiday cost and the extent to which the enjoyment of your holiday can be said to have been affected. If any failure in your holiday arrangements relates to, or if you or any member in your party is killed, injured or becomes ill during or as a result of, carriage by aircraft, ship, train or coach forming part of the holiday arrangements booked with us before your departure from the UK, our liability to pay compensation and/or the amount of compensation we will pay is limited in accordance with the liability of the carrier under any international convention which governs such services. International Conventions which may apply include: in respect of carriage by air, the Montreal Convention 1999 or the Warsaw Convention 1929 (including as amended by The Hague Protocol of 1955 and by any of the Montreal Additional Protocol of 1975); in respect of carriage by sea, the Athens Convention 1974; in respect of rail carriage, the Berne Convention 1961; and in respect of carriage by road the Geneva Convention 1973. The terms of these conventions are incorporated into and form part of your contract with us. In respect of death or personal injury, the liability of an air carrier under the Montreal Convention and the Warsaw Convention is limited to damage sustained in the case of death or bodily injury caused by an accident which takes place on board the aircraft or in the course of any of the operations of embarking or disembarking. You can get copies of the relevant conventions if you ask us for them. You should also note that these conventions may limit or remove the carrier’s liability to you and the amount which the carrier has to pay you. You should also know that the carrier will rely upon its ‘conditions of carriage’ which may limit or remove the carrier’s liability to you and limit compensation under international conventions.
Our suppliers (such as accommodation or transport providers) have their own booking conditions or conditions of carriage, and these conditions are binding between you and the supplier. Some of these conditions may limit or remove the relevant transport provider’s or other supplier’s liability to you. These conditions will have given to you at the time we confirm your booking.
If we make any payment to you or any member of your party for death, personal injury or illness, then you must co-operate fully with us in seeking recovery of any payment we make.
Operational decisions may be taken by air carriers and airports resulting in delays, diversions or rescheduling. The Company has no control over such decisions, and is therefore unable to accept responsibility for them. Where, as a result of circumstances beyond our control we are obliged to change or end your holiday after departure, but before the end of your holiday, we will not pay compensation or reimburse you for expenses incurred. IT IS A CONDITION OF BOOKING WITH US THAT you have adequate travel insurance for your holiday and should claim via your insurance company for any loss or damage to luggage and/or personal possessions. In the event that any claim is made directly with us, our liability to pay compensation and/or the amount of compensation will be limited in accordance with the conventions referred to above.
19. Your Responsibilities
(a) Before making a booking, we advise you to check advice issued by the Foreign Office Travel Advice Unit on 0845 850 2829 or visit https://www.gov.uk/foreign-travel-advice. If the Foreign & Commonwealth Office advises that people should not visit a particular country, we will act on this advice.
(b) In the event of active Foreign Office Travel advice and warnings against travel to a specific destination or location(s) of a trip, we will cancel your booking and provide you with a full refund.
(c) It is important that you check the details on your Confirmation Invoice when you receive it. In the event of any discrepancy, you should contact the Company.
(d) General information concerning passport, visa and health requirements applicable to UK Citizens is set out in our literature. However, such requirements are subject to change and you must check current requirements before departure. You will need a full 10 year passport to travel which is valid for six months after the date of your return. Some destinations also require visas and you should contact the Embassy or Consulate of the country which you are planning to visit in good time before you travel, please click here to visit Visa Central. You should also contact your medical advisor or a specialist vaccination centre for details of the measures you will need to take prior to departure. All children should travel on full passports. It is your responsibility to obtain all documents required for your holiday, including passports, visas, heath certificates and international driving licenses, to ensure that these are in proper order and to take them with you. We will not be liable to make any refund or pay compensation if you or any member of your party is unable to proceed with the holiday as planned because of incorrect or missing personal documents, or any other failure to meet passport, visa or immigration requirements.
(e) Approximately 7 days before departure you will receive your flights tickets together with other information concerning your holiday. Please ensure that you check the names and flight timings on your tickets carefully and contact us immediately if you have any queries. The correct timings, using the 24 hour clock system, may have been adjusted since you received your Confirmation Invoice.
(f) 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 holiday. The Company cannot accept responsibility for clients missing 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 holiday. No credit or refunds will be given for lost, mislaid or destroyed travel documents.
(g) Most people go on holiday for rest and relaxation, so if in our reasonable opinion or that of any airline pilot, hotel manager, tour leader or other person in authority, your behaviour is causing danger, damage to property or persistently affecting the enjoyment of others, we reserve the right to terminate your holiday. Should this happen no refund or compensation would be paid.
(h) If you lose any personal items whilst on holiday, please obtain a written report from the police, to help with any insurance claim upon your return.
(i) You are responsible for the costs of any damage to the accommodation and/or any extra charges incurred with our suppliers during your holiday. Should you fail to make such payment at the time the charges and/or costs are incurred, you will be liable to reimburse us for these and you authorise the Company to automatically debit your credit card to the value instructed by the supplier for any such costs and/or charges.
(j) Transport timings are provided by the carrier concerned and are subject to such matters as weather conditions, maintenance requirements, the ability of passengers to check-in on time and, in the case of flights, to air traffic control restrictions. Accordingly, the times of flights and other forms of transport are estimates only and cannot be guaranteed.
(k) The majority of airlines have introduced a total smoking ban on most or all of their flights. Please ask before booking if this information is important to you.
(l) Some activities carry inherent risks and if you are participating in such activities you may be asked to sign a waiver form by the local supplier, which may limit some of your rights vis a vis with those suppliers. In rare cases beginners may have to take lessons at a charge before being permitted to use rental equipment otherwise offered free of charge.
20. Excursions and activities
Please note that when you book an excursion or activity locally this is not part of the Footprint Holidays package agreements. Your contract will be with the local company providing that excursion and not the Company. The Company has no legal liability for anything that goes wrong on such an excursion and any claim which you might have arising out of the excursion will be against the relevant local company and subject to the local company’s terms and conditions. The Company will, at its discretion offer advice, guidance and assistance if you or any member of your party suffer death, illness or injury arising out of an activity which does not form part of your holiday with the Company, or an excursion arranged locally.
Where legal action is contemplated and you want the Company’s assistance, you must obtain the Company’s written consent prior to commencement of proceedings. The Company’s consent will be given subject to you undertaking to assign any costs, or benefits received and any relevant insurance policy to the Company.
21. Data protection
(a) In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to use the information you provide such as your name, and address, any special needs/dietary requirements etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies and so on. The information may also be provided to security or credit checking companies, public authorities such as customs and immigration if required by them, or as required by law. Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not however, pass any information on to any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. If, however, we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot accept your booking. In making a booking, you consent to this information being passed on to the relevant persons. Please note that where information is also held by your travel agent, this is subject to your agents own data protection policy. You are entitled to a copy of your information held by us. If you would like to see this please contact the Company during normal working hours. (We may make a small charge for providing this to you).
(b) The information you are required to provide may include debit/credit card details. As set out above, we take full responsibility for ensuring that proper security measures are in place to protect this information. In accordance with applicable legal, regulatory and business requirements this information will be securely deleted as soon as it is no longer required. However, it may be necessary for the Company to retain your debit/credit card details for a reasonable period of time after the conclusion of you holiday, and you consent to such retention, in the event that any costs referred to in clause 5(i) above are incurred and you fail to settle these directly with the supplier, in order that the Company can debit your card for the relevant amount. This will be reviewed on a regular basis to ensure that the information is not kept longer than is strictly necessary for the purposes set out above.
22. Illness and disability
If you or any member of your party suffer from a disability or other medical condition, please tell us before you book. However, many of our holidays are ‘off the beaten track’ and lack facilities for disabled guests. Many of our holidays require a fair degree of physical fitness. Medical facilities may not be readily available. In order to assist you we must be provided prior to booking with full written details regarding your medical condition and any special requirements which result from this. An appropriate medical form will be sent to you for this purpose. Air travel can cause problems for some people with circulatory or bronchial problems, such as deep vein thrombosis. It is inadvisable for anyone with high blood pressure or respiratory problems to visit high altitudes. You should consult your doctor for advice before you book and in good time before your departure.
23. Financial protection
When you book you a flight-inclusive holiday, these are financially protected by the ATOL scheme. When you pay you will be supplied with an ATOL Certificate. Please check to ensure that everything you have booked (flights, hotels and other services) is listed on it. Please see our booking conditions for further information or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOL.
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 or a suitable alternative (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.