· “we”, “us” or “our” means the partnership of Melissa Brownlow and Camilla Brownlow trading as Mountain Beds
· “you” the person who is making the booking and any person or persons on whose behalf a booking is made (including any person added or substituted at a later date) or any of them as the context permits
· “Arrangements” any and all services or arrangements you book through us, including for accommodation.
· “Supplier(s)” the supplier(s) of the Arrangements, including accommodation owners and providers
2. What we Do
Except where otherwise expressly stated, we act only as an agent in respect of all bookings we take and/or make on your behalf. We accept no liability in relation to any contract you enter into or for any Arrangements or for the acts or omissions of any Supplier(s) or other person(s) or party(ies) connected with any Arrangements. For all Arrangements, your contract will be with the Supplier.
The terms and conditions of the Supplier(s) will apply to your booking. These terms and conditions may limit and/or exclude the Supplier’s liability to you and include provision for the payment of cancellation charges. Copies of these conditions are available on request from us.
3. How we are paid
In most cases, we will be paid commission by the Supplier for having introduced you to the Supplier or made a booking on your behalf with the Supplier.
In cases where a Supplier does not pay commission we will include our fee within the price quoted.
4. Bookings and Payment
Bookings will only be confirmed once we have received any deposit and issued a Booking Summary or Booking Confirmation to you.
You must make payment to us for the Arrangements in the amount/s that we have informed you by the dates notified to you. In the event that you have not paid all sums due in full by the due date(s) then we will treat the booking as having been cancelled by you and notify the Supplier that you have cancelled.
We will not supply tickets or accommodation or other vouchers to you until payment has been made in full.
When you give a card for a damage deposit it will be held securely on Sagepay pre-authorise. Any damages or outstanding payments will be deducted from this card. If you have ticked the ‘hold card details for future payments’ when paying on-line the system will automatically deduct balances and any extras booked when they fall due. If payment is made to us by a company credit card we reserve the right to add as a service charge whatever we are charged by the credit card company on your booking and this will be clearly shown on your invoice. You are responsible for payment of all bank charges on overseas transfers.
We reserve the right to correct errors in both advertised and confirmed prices. We will do so as soon as we become aware of the error. Please note, changes and errors occasionally occur. You must check the price of your chosen arrangements at the time of booking.
We reserve the right to ask for payment of additional sums in sterling after your booking has been confirmed if that should be necessary as a result of the price of your Arrangements increasing due to adverse changes in the exchange rate used to calculate the cost of your Arrangements. The remedies provided in clause 4 above for non-payment shall apply equally in the event of non-payment of any additional charge made by us.
6. Alterations and Cancellations by You
Should you wish to make any changes to your confirmed Arrangements the person who made the booking must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee any such requests can be met by the Supplier concerned. Where amendments can be made you will be responsible for reimbursing us for any costs or charges incurred by us or incurred or imposed by any Suppliers. You shall pay to us an administration charge of £40 including VAT per person for each amendment, to cover our costs and expenses incurred in dealing with your amendment request.
Should you wish to cancel your confirmed Arrangements the person who made the booking must notify us in writing as soon as possible. You will be required to pay any cancellation charges imposed by the Supplier. These are set out in the Supplier’s terms and conditions.
Amendment charges are not refundable in the event of the person(s) to whom they apply cancelling.
You shall pay to us an administration charge of £40 including VAT per person for each cancellation, to cover our costs and expenses incurred in dealing with your cancellation request.
The Arrangements we offer on behalf of Suppliers do not generally include flights or other forms of travel between the UK and your overseas destination. The Suppliers’ responsibility is to have your contracted accommodation available for you for your confirmed holiday dates. If for any reason, you are unable to travel out to resort, whether for personal reasons or as a result of transport problems, the Suppliers are still entitled to be paid for the confirmed Arrangements. Please therefore ensure that the insurance you purchase will refund the cost of the Arrangements if you are unable to take them in such circumstances.
Where your confirmed Arrangements include flights, the airline concerned will be responsible for such assistance as is legally required by the Denied Boarding Regulations in the event of flight delay or cancellation but your tour operator will provide advice and guidance. In certain circumstances, you may be entitled to cancel or purchase an alternative holiday. Please see the tour operator’s terms and conditions.
7. Alteration and Cancellation by your Supplier(s)
If a Supplier is forced to alter or cancel your Arrangements then we shall pass on to you any options, refunds and/or compensation offered to you by that Supplier. As agent only for the Supplier, we cannot accept any liability for any alterations or cancellations made. Where we offer you assistance in liaising with the Supplier in relation to alterations and cancellations made by the Supplier we do so on a goodwill basis and in our capacity as agent only.
8. Marketing and Brochures
We use all reasonable efforts to see that the information contained in what we publish is accurate but all the information given is based on the information given to us by suppliers at the time we incorporate it into our holiday documentation. Regrettably errors and changes may occur. If you would like us to check a particular point then you must request it in writing.
As we act only as agent, we will have no responsibility for any errors or incomplete or inaccurate information on our website or in any communication or documentation, including pricing errors, except where the error was made by us (and not for example due to the information passed to us by a Supplier containing an error(s) of which we were unaware). Responsibility for any error made by us is subject to the limitation in clause 10 below.
9. Your Responsibilities
When you book through us, you accept responsibility for any damage or loss caused by you or any member of your party, whether damage to the accommodation or other damage or loss caused to the Supplier. You must reimburse the Supplier directly, in full in respect of all such damage or loss caused.
You must also reimburse us for any costs, claims or liabilities we incur (including reasonable legal and professional costs) as a result of damage or loss described above,
including where any Supplier makes any claim against us for the damage or loss caused.
We expect all clients to have consideration for other people. If in the reasonable opinion of any person in authority (for example any Supplier), you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, that person is entitled, without prior notice, to terminate the arrangements of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We and the Supplier will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we and the Supplier will not pay any expenses or costs incurred as a result of the termination.
You accept that you ski or enjoy other winter sports at your own risk within the restrictions imposed by the resort or other authorities. We do not have any responsibility for your actions or those restrictions.
10. Our Liability to You
We act only as an agent for the Supplier, and are not responsible for any acts or omissions of the Supplier or any other person acting on their behalf.
We are not responsible for the condition of any accommodation, or your use of any accommodation by you or your guests.
We are not responsible for any costs and expenses, damage, injury or loss to the extent caused by any events beyond our reasonable control. Events beyond our reasonable control include, but are not limited to:
· Acts of God
· Any pandemic or epidemic;
· Any restrictions imposed on the movement or persons (whether across or within international borders) by any local, national or supra-national government or authority, including requirements on individuals to self-isolate or quarantine to prevent the spread of infectious disease.
· Storm, flood, avalanche or weather events;
· War or terrorism;
· Disruption to transport networks.
Our maximum liability to you if we are found to have been at fault in relation to any service we provide (as opposed to any service provided by any third party such as an accommodation owner or other supplier for whom we are not responsible) is limited to the commission we have earned or are due to earn in relation to the booking in question.
We do not exclude or limit any liability for death or personal injury which arises as a result of our negligence or that of our employees whilst acting in the course of their employment, or for any other liability which may not be excluded or limited as a matter of law.
It is a condition of every booking that you are adequately insured. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. For example, many general travel insurance policies do not cover certain winter sports, and some winter sports policies do not cover certain activities such as off-piste skiing..
All insurance premiums should be paid as soon as possible as cover is not effective until these have been paid.
Please read your policy details carefully and take them with you on holiday.
If you experience any problems with your Arrangements you must inform the Supplier immediately and try and sort it out directly with the Supplier. We are always interested in hearing of problems so that we can assess suppliers for future holidays however any assistance we provide to you is entirely at our discretion and is provided on a goodwill basis and in our capacity as agent only. Where we do provide any assistance you must reimburse us for all costs we incur as a result.
If you have any complaints concerning any services we provide, you must inform us straight away in writing and in any event within 28 days of the end of any arrangements booked through us.
13. Passports and Visas
Unless you tell us otherwise, we are entitled to assume that all members of your party are British citizens who hold or will hold full British passports valid for the entire duration of the arrangements you chose to purchase. Information on visa, passport and health requirements, where given and applicable, is so given on this basis. Requirements may change and you are therefore strongly recommended to check the up to date position with the supplier of the arrangements, Passport Office, appropriate embassy or consulate or your doctor as applicable in good time before departure.
14. Flight inclusive Arrangements
On occasions, we offer or book Arrangements which include flights to and/or from the UK. Such Arrangements (including the flights) are provided by tour operators who hold an Air Travel Organiser’s Licence or ATOL issued by the CAA. We act only as agent for the relevant ATOL holder whose details you will be provided with at the time of booking. All monies received by us for a booking of any flight inclusive Arrangements will be held on behalf of the ATOL holder while in our hands.
When you buy an ATOL protected flight inclusive holiday or flight only, you will receive a confirmation invoice from us confirming your Arrangements and your protection under
the ATOL of the ATOL holder concerned. In the unlikely event of the insolvency of the ATOL holder concerned, the CAA will ensure that you are not left stranded abroad and will arrange to refund any money you have paid to us / the ATOL holder for an advance booking.
15. Governing Law and Jurisdiction
Your contract with the Supplier(s) of your Arrangements will be governed by the law, and any dispute between you and them will be subject to the jurisdiction, of the courts of the country or countries specified in the Supplier’s terms and conditions.
These terms of business and your dealings with Mountain Beds are governed by English law. If you live in England, you can bring legal proceedings in respect of these terms of business and matters arising out of them in the English courts.. If you live in Scotland you can bring legal proceedings in respect of these terms of business and matters arising out of them in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these terms of business and matters arising out of them in either the Northern Irish or the English courts.
Our employees do not have any power to vary these terms.
VAT Reg No. 603 1482 79