Financial Failure Insurance
In accordance with “The Package Travel, Package Tours Regulations 1992” all passengers booking with Traverse Aravis Ltd are fully Insured for the initial deposit and subsequently the balance of all monies paid to us, including repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of Traverse Aravis Ltd.
A certificate detailing this cover will be given to each and every passenger as evidence of cover. Please ensure that you have been given the appropriate certificate(s) at the time of booking.
This insurance has been arranged by MGA Services on behalf of Towergate Chapman Stevens through Mapfre Assistance
'Balance Due Date' means 42 days before the Departure Date. “CAA” means the UK Civil Aviation Authority. 'Convention' means whichever of the following instruments as applicable to your holiday: - the Convention for the Unification for Certain Rules Relating to International Carriage by Air, signed at Warsaw, 11th October 1829 (hereinafter referred to as the Warsaw Convention); - the Warsaw Convention as amended at The Hague on 28 September 1855; - the Warsaw Convention as amended by Additional Protocol N1 of Montreal 1875; - the Warsaw Convention as amended at The Hague 1855 and by Additional Protocol N.2 of Montreal 1875; - the Warsaw Convention as amended at The Hague 1855 and by Additional Protocol N.3 of Montreal 1875; - the Warsaw Convention as amended at The Hague and by Additional Protocol N.4 of Montreal 1875; - any Montreal protocols of 1875 and 1899; - the Montreal Convention of 1899; - the Berne Convention of 1861 on Carriage by Rail; - the Athens Convention of 1874 on Carriage by Sea; - the Paris Convention of 1862 on the Liability of Hotel-keepers;
and any applicable protocols or amendments which apply to such Conventions. 'Damage Deposit' means the deposit more fully described in section 12. 'Departure Date' means the date on which you are due to depart on your holiday on transport provided to you by Traverse Aravis, as applicable or the day on which you are due to check in to accommodation provided by Traverse Aravis, whichever is the earlier. 'Deposit' means the deposit payable by you to reserve transport and accommodation for your holiday. 'Force Majeure Event' means an event which renders Traverse Aravis' performance of its obligations pursuant to these terms and conditions in whole or in part not reasonably possible which includes (but shall not be limited to) acts of God, fire, flood, drought, avalanche, explosion, war, sabotage, terrorist act, embargo, riot, civil commotion, acts of local government and parliamentary authority, strikes, lock-outs and labour disputes of whatever nature, closure or congestion of airports or ports, Foreign Office advice and cancellation or changes of schedules by scheduled airlines. 'Major Change' means a change in resort, change of quality of accommodation, change of outward/return flights by more than 11 hours, change of Departure Date or such other changes as deemed by Traverse Aravis to be significant enough to have the effect of a Major Change. 'Relevant documents' means the documents that you are required to send to Traverse Aravis, as notified to you on the Booking Form or by email. 'Total Holiday Cost' means the total cost of all the services that you request in your booking, including costs for services to be provided to other individuals included in your booking. Traverse Aravis' business address is: Traverse Aravis, 34 Orpin Road, Merstham, Surrey RH1 3EZ t:+44 7716 277 569 e: firstname.lastname@example.org. Usual hours of business: 9am – 5pm.
2.2 When you make a booking you guarantee that you have the authority (and when a party member is less than 17 years old the authority of a parent or legal guardian) to accept and do accept on behalf of your party the terms of these booking conditions and that all members of your party are aware of these conditions and have agreed to be bound by them. You also consent to our processing personal information about you and other members of your party. Where the context permits, reference to 'you' and 'your' will include you and all persons travelling on your booking.
2.3 These terms and conditions together with the contents of the Booking Form and the e-mail confirmation that you receive from Traverse Aravis accepting your booking comprise your agreement ('the Contract') with Traverse Aravis. By completing the deposit payment, you acknowledge that you have read, understood and accepted all of these conditions and guarantee that you have the authority to accept and do accept all of these terms and conditions on behalf of your party.
2.4 The Contract will exist as soon as you receive an email from Traverse Aravis confirming receipt of your Deposit. It is your responsibility to ensure we have the correct email address registered for you.
3.1 No contract will exist between you and Traverse Aravis until you have paid the Deposit.
3.2 By the Balance Due Date you must have provided Traverse Aravis with the following: a) payment of the full amount that you owe Traverse Aravis for the services that you require to be provided to you by Traverse Aravis in connection with your holiday, and b) a completed Booking Form, and c) all Relevant Documents.
3.3 Non-payment of the full amount due to Traverse Aravis by the Balance Due Date will result in your booking being cancelled and your Deposit being forfeited. Traverse Aravis is under no obligation to remind you to pay the full amount due by the Balance Due Date. Additional cancellation charges will be payable if Traverse Aravis does not cancel immediately because you promise payment. These charges are set out in section 6. 3.4 While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of a holiday or other products or services that you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we reserve the right to treat the order as cancelled. If you cancel in these circumstances you will receive a refund for any payments that you have made for your holiday or other products or services.
4.1 Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates, mean that the price of your travel arrangements may change after you have booked. However there will be no change within 30 days of your Departure Date.
4.2 We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. 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. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another holiday 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, except for any amendment charges.
4.3 We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. 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.
4.4 Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your 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. The price of your holiday was calculated using exchange rates quoted by Barclays Capital on 1 April 1910 in relation to the United Kingdom Pound Sterling and the Euro.
5. Your alteration of the booking
5.1 If you wish to change your travel arrangements in any way, for example your chosen options or pick up point we will do our utmost to make these changes but it may not always be possible. Please note that most airlines treat name and departure detail changes as a cancellation and charge up to 100% of the ticket cost accordingly. These charges including the charges referred to in section 6.3 will be passed on to you.
5.2 Requests for changes to be made must be in writing from the person who made the booking and sent to (email@example.com).
5.3 Subject to section 5.1 any changes to your booking that result in you cancelling an option may be subject to a charge
5.4 The price of your new travel arrangements will be based on the prices that apply on the day you ask for the change. These prices may not be the same as when you first booked your travel arrangements.
5.5 Subject to section 5.1 if you are prevented from travelling you may transfer your booking to another person provided the following conditions are met: you must authorise us to make the transfer; the person to whom you transfer your holiday booking must comply with all the terms of the existing booking; That person must accept the transfer and agree that he or she is bound by these terms and conditions; that person must show us new evidence of their holiday insurance, as your policy cannot be transferred to another person (and the premium cannot be refunded); We will also charge amendment fees in accordance with section 5.3 (these will be added to the new invoice issued to the person you transfer the booking to).
6. Your cancellation of your booking
6.1 If you want to cancel your holiday, you must advise Traverse Aravis in writing by post or e-mail. Verbal cancellations will not be accepted. The cancellation has to come from the person who made the booking.
6.2 Cancellation periods are calculated from the date that written confirmation is received at Traverse Aravis Offices.
6.3 If you do cancel, you must still pay any insurance premiums and administration charges which arose before the cancellation and any credit card/debit card charges and any deposits paid for any pre-booked items or services.
6.4 The charges below are based on how many days before your booked Departure Date we receive your cancellation notice. These charges are a percentage of the total cost of your booking not including the charges and premiums referred to in section 6.4:
* where the standard deposit is increased to secure specific facilities or an additional payment has been made for transport airline tickets and these are non refundable in whole or in part then the scale of charges shown will be calculated based on a percentage of the cost of all other arrangements and the non-refundable charges will be added to that cancellation charge to give the total charge.
6.5 if any member of your party cancels and you cannot fill that person's place, you may have to pay additional supplements for your accommodation. For example, you may have to pay single or under-occupancy supplements.
7. Alteration of the booking
7.1 It is unlikely that Traverse Aravis will have to make any change to your holiday but occasionally small changes will have to be made due to unforeseen circumstances. We reserve the right to make such changes and will advise you of them as soon as practicable. If a Major Change is made, you will be given the choice of either accepting the changed arrangements, choosing another holiday from Traverse Aravis of the same cost as the one that you booked or cancelling your holiday and obtaining a full refund of all payments that you made to Traverse Aravis except for any payment that you made to Traverse Aravis for alterations made to the Booking Form at your request prior to us notifying you of the Major Change.
7.2 You must notify Traverse Aravis of your choice within three days of Traverse Aravis' offer of alternative holiday arrangements. If you fail to do so, you are deemed to accept the alternative arrangements offered. Whichever option you choose, you will be entitled to compensation as outlined in the table below subject to paragraphs 7.3 and 7.4. 7.3 Compensation will not be paid to a person travelling on a free place or reduced rate. 7.4 Compensation will not be paid if the Major Change is caused by a Force Majeure Event.
8. Traverse Aravis Cancellation
8.1 Traverse Aravis reserves the right to cancel your holiday at any time and without compensation up to 42 days before the Departure Date.
Period before Departure Date within which we receive your notice of cancellation
Cancellation Charge as a percentage of your total holiday cost
42 days or more
Loss of deposit*
41 – 14 days
13 days or less
Period before Departure Date when a Major Change is made
Compensation per person
8 - 42 days
7 days or less
9. Transfer delays
9.1 Traverse Aravis will compensate you as set out in the table below if your transfer is delayed. Outward Delay Up to 6 hours From and including 6 hours to and including 14 hours
Compensation Nothing £10
From but excluding 14 hours or more £19 Return Delay Compensation Up to 6 hours Nothing From and including 6 hours to and including 14 hours £10 From but excluding 14 hours or more £19
10. Traverse Aravis liability to you
10.1 Wherever the Convention can apply to carriage under your holiday contract, your holiday contract will be subject to the Convention rules and limitations relating to liability.
10.2 Subject to paragraph 9 and to the extent not in conflict with paragraph 10.1, whether or not the Convention applies:
10.2.1 Traverse Aravis accepts no responsibility for any loss or damage caused to you where the failure to perform the Contract or the improper performance of the Contract is due neither to any fault on our part nor to that of our employees, agents, sub-contractor or suppliers because the failure: (a) is attributable to you; (b) is attributable to a third party unconnected with the provision of the services contracted for and is unforeseeable or unavoidable; or (c) is due to: (i) unusual and unforeseeable circumstances beyond our control the consequences of which could not have been avoided even if all due care had been exercised, or (ii) an event which neither we nor any of our employees, agents, suppliers and subcontractors could not, even with all due care, have foreseen or forestalled.
10.2.2 Traverse Aravis accepts no responsibility for any loss or damage caused to you arising from an event organised by your group.
10.2.3 Traverse Aravis is not liable for death, bodily injury or illness caused to you unless it is proved that it is due to the negligence of Traverse Aravis's employees, agents, suppliers or sub-contractors acting in the course of their employment and this is brought to Traverse Aravis' attention in resort and within 3 months of your return from holiday.
10.2.4 Traverse Aravis' liability in any claim that you bring against it (excluding that of personal injury, illness or death) will be limited to twice the cost of your holiday.
10.2.5 Traverse Aravis accepts no responsibility for any loss or damage to your luggage. WE URGE YOU TO TAKE OUT APPROPRIATE INSURANCE TO COVER THE COST OF LOSS OR DAMAGE TO YOUR BELONGINGS.
10.3 Without prejudice to section 9, Traverse Aravis will not be responsible for any whole or partial failure to provide any of the products or services for which you contract to receive either at all or to a sufficient standard unless as soon as any such failure arises you complete a complaint notification report form in resort and hand it to Traverse Aravis' head representative.
A Traverse Aravis representative will provide you with a complaint notification report form on request.
11.1 It is a condition of your booking with us that you and all other members of your party are adequately insured on your holiday and the activities that you plan to do.
12.1 If in our reasonable opinion or in the reasonable opinion of any other person in authority (for example an accommodation owner or manager, an airline pilot, or coach driver, or a Traverse Aravis employee), you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate without notice and liability the holiday arrangements of the person(s) concerned. Traverse Aravis will not be liable to make alternative arrangements for accommodation or repatriation or have any further responsibility towards you, nor will Traverse Aravis cover any costs which you may incur or make any refunds.
13.1 Disputes arising out of, or in connection with this contract which cannot be amicably settled may be referred to arbitration, if the customer so wishes, under a special scheme arranged by the Association of British Travel Agents and administered independently by the Chartered Institute of Arbitrators.
13.2 The scheme provides for simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com).
13.3 The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,000 on the amount that the arbitrator can award per person in respect of this element.
13.4 The application for arbitration and Statement of Claim must be received by the Chartered Institute of Arbitrators within nine months of the date of return from the holiday. Outside this time limit, arbitration under the scheme may still be available if Traverse Aravis agrees but the ABTA code does not require such agreement.
13.5 For injury and illness claims, you may like to use the ABTA Chartered Institute of Arbitrators Mediation Procedure. This voluntary scheme requires Traverse Aravis to agree for mediation to go ahead. The aim is to help you resolve your dispute in a quick and cost effective way. Details on request are from www.abta.com.
14. Force Majeure
14.1 Traverse Aravis shall not be responsible for non performance of its obligations or for any delay in performance of its obligations where such non performance or delay in performance is caused by a Force Majeure Event.
15. Passport and Visa Requirements
15.1 You are responsible for making sure that you have a valid visa and passport. Passports must be valid for at least a full six months after the date of arrival back in the UK. You do not need a visa for any of the ski and snowboard holidays that we offer PROVIDED YOU HOLD A BRITISH PASSPORT. If you do not hold a British passport please contact the relevant embassy or consulate. French Consulate in London: http://www.consulfrance-londres.org/ Telephone: 019 7073 1140
Italian Embassy in London: http://www.amblondra.esteri.it/ Telephone: Austrian Embassy in London: http://www.bmeia.gv.at/london Telephone: Swiss Embassy in London: http://www.eda.admin.ch/london.html Telephone:
019 73112090 019 7225 3731 019 7615 6000
16. Health Requirements
16.1 Please check with your GP or travel clinic prior to travel for any health advice for the destination you are traveling to. Alternatively check for further information at either http://www.fitfortravel.nhs.uk/ or the UK Foreign Office advice at http://www.fco.gov.uk/. The Department of Health leaflet, 'Health advice for Travelers' can be obtained by calling 0800 555 777 or from their website at http://www.dh.gov.uk/. It is also available at main post offices. This leaflet provides advice on reciprocal health care arrangements within Europe and the
forms to apply for a European Health Insurance card (EHIC). UK Residents can obtain free or reduced cost state healthcare in many European countries if they possess an EHIC card. However, the EHIC should be obtained in addition to your travel insurance, not instead of it.
16.2 If you are travelling from the UK no vaccine certificate is required for any of the countries that we offer holidays to. If you are not travelling from the UK IT IS ESSENTIAL that you check with the relevant embassy the vaccination requirements that you may have to comply with to enter the relevant country.
17. Foreign and Commonwealth Office Travel Advice
17.1 The Foreign & Commonwealth Office produces up-to-date travel information to help British travellers make informed decisions about traveling abroad.
Please note the availability of this advice on www.fco.gov.uk/knowbeforeyougo
18. Subject to Availability
18.1 All the holidays, products, packages and services shown on Traverse Aravis' website are subject to availability.
19. Disability and Special Requests
19.1 Please advise us at the time of booking if you have any special request. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we do not guarantee any request will be met. Failure to meet any special request will not be a breach of contract on Traverse Aravis' part. We do not accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests.
19.2 If you or any member of your party has any medical problem or disability which may affect your holiday, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we may decline their reservation or, if full details are not given at the time of booking, cancel when we become aware of these details.
20. Image Release
20.1 In part consideration of receiving Traverse Aravis' services you grant Traverse Aravis permission to use any photographs or moving images (Images) featuring you throughout the world for any of Traverse Aravis' commercial or non-commercial purposes in all and any media, including, without limitation, in Traverse Aravis' printed publications, presentations, promotional materials, in the advertising of Traverse Aravis' goods or services or on Traverse Aravis' website (Specified Purposes), in their original format or edited or altered in any way which Traverse Aravis deems appropriate.
20.2 You do not object to Traverse Aravis: (a) storing copies of the Images for the Specified Purposes or to us storing your contact details on our database in case we need to contact you; or (b) transferring the Images and your contact details to a destination outside the European Economic Area (EEA) or storing them at a destination outside the EEA for the purposes set out above.
21.1 If any provision within these terms shall be prohibited by Law or judged by a Court to be unlawful, void or unenforceable, such terms shall to the extent required be severed and rendered ineffective as far as possible without modifying any remaining provisions within these Terms and Conditions and shall not in any way affect any other circumstances or the ability to seek an enforcement of these Terms and Conditions.
21.2 For the purposes of the Contracts (Rights of Third Parties) Act 1899 and notwithstanding any other provisions within these Terms and Conditions, these Terms and Conditions are not intended to and do not give any person who is not a party to them any rights to enforce any of them.
21.3 This Agreement shall be governed by and construed in accordance with English Law.
21.4 The Parties irrevocably agree that the Courts of England and Wales are to have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms and Conditions unless you live in Northern Ireland or Scotland in which case the courts there (as appropriate) will deal with the dispute.