Terms of Service
Agreement between the customer and SkiTransfers.co.uk Ltd
This web site and accompanying booking service (together, the "Booking Service") are offered as a service to you, the customer, by us, SkiTransfers.co.uk Ltd, a UK Private Limited Company number 07016233. Registered Office: RIVERSIDE HOUSE, 40-46 HIGH STREET, MAIDSTONE, KENT, ME14 1JH .
Supply of Transfers
These terms and conditions set out the terms of our contract with you in relation to our supply of any Transfer that you purchase using the Booking Service. If you do not agree with these terms, you must not use the Booking Service. Please read these Booking Conditions carefully together with any Terms and Conditions provided by the transfer provider. They apply to all bookings made with the Booking Service and to all members of your party.
The Transfer Company with whom you book Transfers through this Booking Service are responsible to you in respect of the provision of the Transfer you have booked. All bookings made through the Booking Service are subject to their Terms and Conditions (explained below) and any specific restrictions imposed by the relevant Transfer Company which vary by Transfer type.
SkiTransfers.co.uk Ltd is therefore not responsible for any delays, cancellations, or other disruptions to Transfer services and we do not set any of the terms and conditions, including eligibility for refunds, of the various Transfer types.
Use of the Booking Service
The Booking Service is designed to provide you with Transfer information, to assist you in determining the availability of Transfer services and to make Transfer reservations or other travel-related purchases. You agree that you will only use the travel information facilities of this Booking Service to find out information for yourself or for another person who intends to use or make use of this Booking Service to purchase Transfer services.
You confirm that you are at least 18 years old and have authority to use the payment method or billing account details you provide for the purpose of settling any payments due for any purchase made through the Booking Service, or that you owe to us. You also promise that all information supplied by you in using the Booking Service is accurate and that you will not make any speculative, false or fraudulent reservation. You further promise that you will only use the Transfer services reservations facilities of the Booking Service to make reservations or purchases for yourself or for another person on whose behalf you are legally entitled to act.
We shall not be obliged to sell Transfers to or reserve a Transfer for, a person or persons who we have reason to believe may be intending to use it, or the proposed method of payment, fraudulently.You acknowledge that you will be financially responsible for any bookings which are made through the Booking Service using your account details and for all reasonable and foreseeable losses which we suffer as a result of your breach of these terms or your negligence when using the Booking Service (including where you deliberately or negligently let others use your account).
Fees and charges
SkiTransfers.co.uk acts as a UK agent providing UK based booking service priced in UK Pounds (GBP). This provides you with stable UK pricing where the exchange rate risk is with us. As the sole UK agent we have negotiated favourable pricing arrangements and these benefits, along with the exchange rate protection, are passed on to you in exchange for our flat rate non-refundable fee of 5 GBP.
You will be responsible for all fees and charges payable as a result of your use of this Booking Service.
Confirmation of your Transfer
When you book a Transfer through this Booking Service, you will be sent an E-mail Confirmation of your booking from the Transfer Company, at the time that the confirmation is sent the booking is confirmed. The date of the booking is the date that appears on the E-mail Confirmation. All bookings are subject to these Booking Conditions. All Booking Conditions will apply including Cancellation Charges and any Amendment Fees. Once the booking has been confirmed, the Transfer Company is responsible for providing you with the services requested. You are responsible for payment of the appropriate fee, in each case subject to the Conditions, and any other Terms and Conditions specific to the relevant transfer.
Please check your E-mail Confirmation when you receive it. If you believe that the details we have sent you do not meet the information you provided at the time of booking through our Booking Service, please contact us. In parties of two or more passengers, the person making the booking ("Lead Name") accepts responsibility for all payments and details for all members of the party. The E-mail Confirmation and any correspondence will be sent to the Lead Name. The Lead Name in turn has to ensure that all members of the party are kept fully informed.
EU regulations require all young travellers under the height of 1.35m (4ft 5in) to use a child restraint - either a baby seat or a booster seat. Please advise us at the time of booking of how many child restraints you require for your party.
Extra luggage or oversized items may require specialised transportation. Please add a note in the Special Requirements field on our booking form to ensure that we are aware of any extra pieces of luggage. Should you need to amend or cancel the booking, confirmation must be received by the Transfer Company using e-mail or telephone from the Lead Name.
Please ensure you have a copy of your E-mail Confirmation with you when you travel.
We strongly recommend that adequate Holiday Insurance is taken out and this is your responsibility. The insurance should among other things cover: the cost of cancellation by yourself, all medical costs and the cost of assistance including return to the UK in the event of an accident or illness.
We will use reasonable care and skill to carry out the services contained in the Booking Service within a reasonable time, in accordance with these terms. We do not make any other promises and no other promises shall apply in respect of the information, products, and/or services contained on the Booking Service.
Since we are providing only a Booking Service, we have no liability for any of the Transfer arrangements and in particular, to the extent permissible by law, no liability for any illness, personal injury, death or loss of any kind, unless caused by our negligence. Any claim for damages due to injury, illness or death arising from your use of the Transfer services, must be brought against the Transfer Company and will be under the jurisdiction of the law of the country in which the transfer is being provided.
Please note that we are not responsible for any loss or damage which you suffer in relation to the provision of transport services purchased through the Booking Service (including any delays, cancellation or disruption to services). The Terms and Conditions and any further terms and conditions imposed by the relevant Transfer Company will apply to any transport services provided to you in accordance with bookings made through the Booking Service, and you should read such terms and conditions carefully.
Where you make use of this Booking Service we will be liable for any reasonable and foreseeable direct costs you incur which are caused as a result of our negligence or a breach of these terms up to a limit of the value of the relevant booking purchased by you, which costs could not have been reduced or avoided by you taking reasonable steps. We will in no circumstances pay or be responsible for any loss of profit, loss of opportunity, loss of business, loss of revenue, wasted time, wasted costs, indirect, incidental, or consequential loss arising out of or in any way connected with the use of this Booking Service or with the delay or inability to use this Booking Service, or for any information, products, and services obtained through this Booking Service, or otherwise arising out of the use of this Booking Service.
Nothing in these terms limits our liability for death or personal injury directly caused by us.All third party suppliers of products, services or content through which we link to from this Booking Service (which may include our selected partners) are independent entities and we are not responsible or liable for any wrongful act or omission on their part or for any of the content of their web sites, including but not limited to any product liability claims.
We may change these terms from time to time. However, any changes will not affect existing terms accepted by you when making a booking through this Booking Service.
These terms are intended by us to set out the whole agreement between us and you and any prior communications between us are not included in this agreement. We recommend that you read them carefully to protect your own interests. If you do not think they set out the whole agreement between us, please make sure you ask for any additional terms to be put in writing prior to making any transaction. In that way we can avoid any problems surrounding what you expect us to do. We cannot accept any liability for any reliance placed by you on any statement or representation on this Booking Service, whether made by us or a third party, except to the extent a statement or representation on this Booking Service is made negligently by us.
If any of these terms are found to be invalid by a court or at law then the remainder of these terms shall continue to apply to the extent that they still make sense without the unenforceable term(s).
The prices quoted on this Booking Service are in pounds sterling. If you choose to pay for your ticket using a foreign credit or debit card, you will be responsible for the exchange rate and you are advised that changes to your ticket or refunds may be affected by such exchange rate.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms or your use of this Booking Service.
Neither you nor we intend any third party to be able to enforce any of these terms pursuant to the Contracts (Rights of Third Parties) Act 1999.
You and we agree that English law applies to these terms and conditions and that any dispute between us regarding the Booking Service or arising out of or in connection with these terms and conditions will only be dealt with by the English courts.
The Transfer Service is provided by Ski Transfers SARL, a French company with the following registration: SIRET: 451 002 935 00018
APE: 602E TRANSPORT DES VOYAGERS PAR TAXI
NO DE REGISTRE DU COMMERCE RCS BONNEVILLE TGI 451 002935
NO DE GESTION 2003
The Transfer Service is provided subject to Ski Transfers SARL Standard terms and Conditions, set out below.
Ski Transfers SARL Standard Terms and Conditions
1 DEFINITIONS In this document the following words shall have the following meanings:
1.1 "Agreement" means these Terms and Conditions together with the terms of any applicable Booking Receipt;
1.2 "Customer" means the person, group of people or organisation who purchases transport or other services from the Supplier;
1.3 "Supplier" means Ski Transfers SARL, Chalet Bluebell, 3419 Route des Grands Alpes, Les Gets. 74260. FRANCE SIRET: 451 002 935 00018
APE: 602E TRANSPORT DES VOYAGERS PAR TAXI
NO DE REGISTRE DU COMMERCE RCS BONNEVILLE TGI 451 002935
NO DE GESTION 2003
1.4 "Booking" or "Booking Receipt" means a statement of services, quotation or other similar document describing the services to be provided by the Supplier;
1.5 "Transfer" means road transport of passengers and their belongings between two pre-booked locations or other services as set out in the Booking Receipt.
2.1 These Terms and Conditions shall apply to all contracts for the supply of services by the Supplier to the Customer.
2.2 Before the commencement of the services the Supplier shall submit to the Customer a Booking Receipt which shall specify the services to be supplied and the price payable. The Customer shall notify the Supplier immediately if the Customer does not agree with the contents of the Booking Receipt. All Booking Receipts and Transfers shall be subject to these Terms and Conditions.
2.3 The Supplier shall use all reasonable endeavours to complete the services within estimated time frames and meet flights and pick ups in a timely and appropriate manner but time shall not be of the essence in the performance of any services.
2.4 Where two or more people are included on the same booking, the person or organisation purchasing the booking shall act as agent for all members of the group and accepts these Terms and Conditions on behalf of each and every member of the group.
3 PRICE AND PAYMENT
3.1 The price for the supply of services are as set out in the Booking Receipt. Unless otherwise agreed in writing, the Customer shall pay the Supplier for any services in advance.
3.2 Invoiced amounts shall be due and payable within 30 days of receipt of invoice. The Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 2.00% per annum above the base rate of the European Central Bank. In the event that the Customer's procedures require that an invoice be submitted against a purchase order to payment, the Customer shall be responsible for issuing such purchase order before the services are supplied.
5.1 The Booking Receipt is the Customer's ticket and the Supplier may require sight of this before allowing the Customer's group to board the vehicle or vehicles.
5.2 Unless otherwise stated in writing, the Customer's group may be split among several vehicles and the vehicles may be carrying other passengers.
5.3 Departure times and Transfer times will be scheduled to keep travelling and waiting for all parties booked onto a vehicle to a minimum.
5.4 If the Customer requires sole use of the vehicle or vehicles then the Customer must book a Private Transfer and pay the appropriate price.
5.5 All Departure times and Transfer times specified by the Supplier are an estimate only and may be subject to change.
5.6 Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the services. The Supplier recommends that the Customer take out appropriate Travel or other Insurance to cover any such possible loss.
5.7 Under unusual or extreme circumstances including but not limited to severe weather, rockfall, roadworks or industrial action by third parties it may be necessary to change Transfer times and routes in order to ensure that Customers reach their destinations as safely and quickly as possible.
6 CUSTOMER'S OBLIGATIONS
6.1 To enable the Supplier to perform its obligations under this Agreement the Customer shall:
6.1.1 co-operate with the Supplier;
6.1.2 provide the Supplier with any information reasonably required by the Supplier;
6.1.3 obtain all necessary permissions and consents which may be required before the commencement of the services; and
6.1.4 comply with such other requirements as may be set out in the Booking Receipt or otherwise agreed between the parties, including, but not limited to not smoking on vehicles, not drinking alcohol on vehicles, not unduly inconveniencing other passengers and keeping vehicles clean and tidy.
6.2 The Customer shall be liable to compensate the Supplier for any expenses incurred by the Supplier as a result of the Customer's failure to comply with Clause 6.1.
6.3 Without prejudice to any other rights to which the Supplier may be entitled, in the event that the Customer unlawfully terminates or cancels the services agreed to in the Booking Receipt, the Customer shall be required to pay to the Supplier as agreed damages and not as a penalty the full amount of any third party costs to which the Supplier has committed and in respect of cancellations on less than five working days' written notice the full amount of the services contracted for as set out in the Booking Receipt, and the Customer agrees this is a genuine pre-estimate of the Supplier's losses in such a case. For the avoidance of doubt, the Customer's failure to comply with any obligations under Clause 6.1 shall be deemed to be a cancellation of the services and subject to the payment of the damages set out in this Clause.
6.4 In the event that the Customer or any third party, not being a sub-contractor of the Supplier, shall omit or commit anything which prevents or delays the Supplier from undertaking or complying with any of its obligations under this Agreement, then the Supplier shall notify the Customer as soon as possible and:
6.4.1 the Supplier shall have no liability in respect of any delay to the completion of any service;
6.4.2 if applicable, the timetable for the service will be modified accordingly;
6.4.3 the Supplier shall notify the Customer at the same time if it intends to make any claim for additional costs.
7 ALTERATIONS TO THE BOOKING
7.1 The parties may at any time mutually agree upon and execute new Bookings. Any alterations in the scope of services to be provided under this Agreement shall be set out in the Booking Receipt, which shall reflect the changed services and price and any other terms agreed between the parties.
7.2 The Customer may at any time request alterations to the Booking Receipt by notice in writing to the Supplier. On receipt of the request for alterations the Supplier shall, within 5 working days or such other period as may be agreed between the parties, advise the Customer by notice in writing of the effect of such alterations, if any, on the price and any other terms already agreed between the parties.
7.3 Where the Supplier gives written notice to the Customer agreeing to perform any alterations on terms different to those already agreed between the parties, the Customer shall, within 5 working days of receipt of such notice or such other period as may be agreed between the parties, advise the Supplier by notice in writing whether or not it wishes the alterations to proceed.
7.4 Where the Supplier gives written notice to the Customer agreeing to perform alterations on terms different to those already agreed between the parties, and the Customer confirms in writing that it wishes the alterations to proceed on those terms, the Booking Receipt shall be amended to reflect such alterations and thereafter the Supplier shall perform this Agreement upon the basis of such amended terms.
8.1 The Supplier warrants that the services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.
8.2 Except as expressly stated in this Agreement, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the services to be provided by the Supplier.
The Customer shall indemnify the Supplier against all claims, costs and expenses which the Supplier may incur and which arise, directly or indirectly, from the Customer's breach of any of its obligations under this Agreement.
10 LIMITATION OF LIABILITY
10.1 Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of the Supplier to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by the Customer to which the claim relates.
10.2 In no event shall the Supplier be liable to the Customer for any loss of luggage, loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss. The Supplier recommends that the Customer take out appropriate Travel or other Insurance to cover any such possible loss.
10.3 Nothing in these Terms and Conditions shall exclude or limit the Supplier's liability for death or personal injury resulting from the Supplier's negligence or that of its employees, agents or sub-contractors.
Either party may terminate this Agreement forthwith by notice in writing to the other if:
11.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within 30 calendar days of being given written notice from the other party to do so;
11.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances;
11.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect;
11.4 the other party ceases to carry on its business or substantially the whole of its business; or
11.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
12 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events. Under such circumstances Private Transfers may no longer be available, in which case the Customer shall be offered a refund of the difference between the price for a Private Transfer and the alternative service supplied.
13 INDEPENDENT CONTRACTORS
The Supplier and the Customer are contractors independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. The Supplier may, in addition to its own employees, engage sub-contractors to provide all or part of the services being provided to the Customer and such engagement shall not relieve the Supplier of its obligations under this Agreement or any applicable Booking Receipt.
The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Supplier.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions herein shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Booking Receipt or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
18 ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.
19 NO THIRD PARTIES
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
20 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of France and the parties hereby submit to the exclusive jurisdiction of the French courts.
Copyright © Ski Transfers SARL 2008