The following Booking Conditions together with the General Information contained in our brochure or on our website form the basis of your contract with Skifix. Please read them carefully as they set out our respective rights and obligations.
In these Booking Conditions, ‘you’ and ‘your’ means all persons named on the booking (including anyone who is added or substituted at a later date). ‘We’, ‘us’ and ‘our’ means Skifix.
Please note: we do not accept bookings for or provide flight arrangements. If you make a booking for a flight(s) (even if your booking is made with a flight provider referred to on our website or in our brochure) your contract for the flight(s) will be with the flight provider, not Skifix. The terms and conditions of the flight provider will apply to that contract.
1. Making a booking
Bookings can be made by telephone on +44 (0)7809766774 +44(0) 7855 907755 or via our website www.skifix.co.uk. The first named person on the booking (the party leader) is responsible, on behalf of all persons named on the booking, for all matters relating to the booking including payments.
Once we have received your booking and all appropriate payments (see clause 2 below), we will, subject to availability, confirm your holiday by issuing a confirmation invoice to the party leader. A binding contract between us and you comes into existence only when we have dispatched our confirmation and invoice to the party leader.
Please check this invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies in any document within 10 days of our sending it out. We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so. The only exception to this requirement to meet costs is where the mistake in question was made by us and there is good reason why you did not tell us about it within these time limits.
This contract and all matters arising out of it are governed by English law. We both agree that any dispute, claim or other matter which arises out of or in connection with this contract or your holiday will be dealt with by arbitration as referred to in clause 11 (if the scheme is available for the claim in question) or by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings may be brought in the Courts of your home country. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract governed by the law of Scotland/Northern Ireland as applicable.
2. Payments and Pricing
In order to confirm your chosen holiday, a deposit of £100 per person, or full payment if booking within 4 weeks of departure must be paid at the time of booking
The party leader is responsible for all payments due to us for the reservation. All payments must be made by bank transfer. We are unable to accept payment by cheque and multiple card payments (for example separate payments for each party member) will only be accepted by prior arrangement with us. Where payment is made by bank transfer, all bank charges must be paid by the client. Full payment of the balance invoice is due no less than 4 weeks prior to the commencement of the holiday. If payment is not received by the due date, we reserve the right to treat the booking as cancelled by you and to levy the appropriate cancellation charges as set out in clause 6 below. We reserve the right to make changes to and correct errors in advertised prices at any time before your holiday is confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking.
Where a group discount is offered, the party leader must make the group’s reservation on one booking. The group must also be prepared to share rooms where necessary to maximise the capacity of the accommodation. Where child prices are offered, they apply only where children are occupying the parents rooms or designated child beds – child occupancy of other rooms or beds will incur the full adult price unless otherwise agreed in writing.
4. Self Catering Accommodation
Prices are quoted per person and based on the number of persons travelling within your group. in certain properties a breakage deposit in local currency will be required at the time of arrival. The amount of this may vary according to the property. The property will be checked by the agent or us on or shortly after departure and any charges for cleaning and/or damages will be deducted from the deposit before the balance is returned to you. Should the amount of the deposit not be enough to cover the cost of the damage or breakage caused, you will be responsible for making up the shortfall. Any complaints regarding self-catered accommodation should be reported immediately to Skifix by telephone on or shortly after arrival who will take the matter up with the agent concerned – we are unable to accept responsibility for problems which are not reported immediately during your holiday. Please also see clause 12.
You must be adequately insured for winter sports and must provide us with evidence of insurance
6. Cancellation and Changes by the Client
If you wish to cancel all or part of your booking after it has been confirmed, we must be notified in writing by the party leader. We will acknowledge your cancellation within 2 days of receipt. Please contact us immediately if you have not received our acknowledgement within this time. Cancellation charges will be applied at the date of receipt of the cancellation by us. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges. Insurance premiums and amendment charges are not refundable in the event of the person(s) to whom they apply cancelling.
More than 10 weeks before departure:
Loss of deposit
6-10 weeks of departure date:
50% of total cost.
2-6 weeks of departure date:
75% of total cost.
2 weeks or less of departure date:
100% of total cost.
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned. Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/ or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly.
Should you wish to make any alterations to your confirmed booking, you must notify us as soon as possible in writing. We will endeavour to accommodate your request but this may not always be possible. Where it is possible, we will charge you an amendment fee of £20 per person plus any costs incurred by us or charges or costs incurred or imposed by our suppliers. If the alteration is within 10 weeks of departure, we reserve the right to treat it as a cancellation, in which case the cancellation charges set out above will apply. In the case of substitution of names, insurance is not transferable or refundable and must be rebooked.
7. Client Responsibility and Behaviour
Any loss or damage caused by you or any members of your party to property belonging to Skifix, it’s agents, suppliers or staff, must be paid for in full by you. You are responsible at all times for the safety of your personal baggage, documents and all ski equipment including rental equipment. We reserve the right, at our discretion, to terminate without notice and liability the holiday of any person whose behaviour is such that it is causes offence to our staff or other guests, is likely to disrupt the enjoyment of others on holiday or cause damage to property or any third party. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination
8. Force Majeure
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage or loss (as more fully described in clause 10(1) below) as a result of ‘force majeure’. In these Booking Conditions, ‘force majeure’ means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions (including snow conditions), fire and all similar events outside our control.
9. Cancellation and Changes by Skifix
We start planning the holidays we offer many months in advance. Occasionally, we have to make changes to and correct errors in brochure and/or website and/or other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we make every effort to ensure this does not happen, sometimes it is unavoidable and we will ensure the party leader is informed as soon as possible. In most cases these changes are minor. Occasionally, we have to make a ‘significant change’. A significant change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a major affect on your holiday. Significant changes are likely to include the following changes when made before departure; a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away or a change of accommodation area for the whole or a major part of the time you are away.
If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:-
(for significant changes) accepting the changed arrangements
alternative arrangements of a similar standard to that originally booked, if available;
cancellation of the booking and a full refund of all monies paid
Please note the above options are not available where any change made is a minor one.
If we have to make a significant change or cancel before departure, we will where compensation is due, pay reasonable compensation depending on the circumstances and when the significant change or cancellation is notified to you subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or if the change made is a minor one. A minor change is any change which, taking account of the information you have given us at the time of booking or which we can reasonably be expected to know as a tour operator, we could not reasonably expect to have a significant effect on your confirmed holiday.
10. Company Liability
(1) We promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: –
– the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
– the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or
– ‘force majeure’ as defined in clause 8 above
Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure and/or our website and we have not agreed to arrange them and any excursion you purchase in resort. Please also see clause 17 ‘Excursions Activities and Brochure/Website Information’. In addition, regardless of any wording used by us on our website, in any of our brochures or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the holiday in question.
As set out in these booking conditions we limit the maximum amount we may have to pay you for any claims you may make against us. Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £1000 per person affected unless a lower limitation applies to your claim under this clause or clause 10(6) below.
For all other claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 10
below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question (for example the Athens convention for international travel by sea). Please note: Where a carrier or hotel would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question. Copies of the applicable International Conventions and Regulations are available from us on request.
Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses.
You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 12 below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.
11. Complaints and Problems
In the unlikely event of any problem occurring during your holiday, a complaint must be made immediately to the resort manager. If the problem is not satisfactorily resolved, it should be referred by telephone to the Skifix office in Austria before departure on 0044 78559077 and confirmed in writing within 28 days following completion of the holiday. For all complaints and claims which do not involve personal injury, illness or death, we regret we cannot accept any liability if you fail to notify the complaint or claim entirely in accordance with this clause.
12. Brochure/Website Accuracy
Please note, the information and prices shown in our brochure and/or on our website may have changed by the time you come to book your holiday. Whilst every effort is made to ensure the accuracy of the brochure, website and prices at the time of printing, regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking.
13. Passports, visas and health requirements
British or European citizens require a full passport or valid travel document for the holidays we offer. Requirements may change and you must check the up to date position in good time before departure. For UK citizens, information on health is contained in the Department of Health leaflet T6 (Health Advice for Travellers) available from your local Department of Health office and most Post Offices and you should obtain a European Health Insurance Card (EHIC) (details in leaflet T6 referred to above) prior to departure. For citizens of other countries, you should check requirements locally before departure.
It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure – including ensuring their validity extends beyond the end date of your holiday. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If you or any member of your party is not a British citizen or holds a non EU passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. If failure to have any necessary travel or other documents results to fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
Skifix will only accept pets when specifically requested in advance of a booking and confirmed in writing that pets are allowed in the accommodation. For fire safety reasons, there is a no smoking policy in all of our hotel, bed and breakfast and many of the self-catered apartments. Clients may only smoke on external balconies and terraces. We reserve the right to consider any guest failing to comply with this policy as ‘likely to cause damage to property’ as defined in Clause 7. Where sauna and/or jacuzzi facilities are provided in the chalet, or other similar services, the use of these is at the client’s own risk. Clients are advised to read and abide by the safety notices posted in the chalets regarding the use of these facilities. Where such facilities are provided, we will do our utmost to ensure that they are in full working order throughout your holiday. However, we cannot accept claims for any unforeseen breakdown or mechanical failure which might prevent such facilities being operational. We further reserve the right to close such facilities, without notice and without compensation, if the rules and safety notices relating to their use are not followed by Clients, particularly where we consider there to be any sort of safety risk.
15. Conditions of suppliers
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions (see clause 10 (6)). Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
16. Special requests and medical problems
If you have any special request, you must advise us in writing at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met unless we have specifically confirmed this. For your own protection, you should obtain confirmation in writing from us that your request will be complied with (where it is possible for us to give this) if your request is important to you. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.
We regret we cannot 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.
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 must reserve the right to decline their reservation or, if full details are not given at the time of booking, cancel when we become aware of these details
17. Excursions, activities and brochure /website information
The information contained in our brochure and on our website is correct to the best of our knowledge at the time of going to print. We may provide you with information (in our brochure and/or website and/or when you are on holiday) about activities and excursions which are available in the area you are visiting.
We have no involvement in any such activities or excursions which are neither run, supervised nor controlled in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 10 of our booking conditions will not apply to them. We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.
We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the resorts/area you are visiting generally (except where this concerns the services which will form part of your contract) or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If you feel that any of the activities mentioned in our brochure which are not part of our contract are vital to the enjoyment of your holiday, write to us immediately and we will tell you the latest known situation. If we become aware of any material alterations to resort/area information and/or such outside activities which can reasonably be expected to affect your decision to book a holiday with us, we will pass on this information at the time of booking.
Where we make or take any booking for or from you in respect of any activity facility or excursion available in resort for example ski pass, equipment rental, ski school, créche or nanny services, summer alpine activities, we do so solely as booking agent. This is the case regardless of whether the activity facility or excursion is advertised or mentioned in our brochure, in resort, on our website or elsewhere. Your contract for any such activity facility or excursion will be with the supplier or operator of that activity or excursion. We have no liability for any such activity facility or excursion or for any act(s) or omission(s) of the supplier or operator or for any of its/their employees or agents or any other person(s) connected with the activity or excursion. If we are found liable in any respect for any such activity or excursion (for example in our capacity as booking agent), that liability is limited to the cost of the particular activity facility or excursion concerned. We do not limit or exclude our liability for death or personal injury arising from our negligence.
18. Safety standards
Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may sometimes be lower.
Information you provide to us during the booking process will remain within our organisation and will be used only for the purposes of providing the holiday you have requested. We never provide your details to any third party organisation, except where necessary to suppliers who are involved in the provision of your holiday. Your name and address will be included in our mailing list for the distribution of our annual brochure – if you wish to be removed from this mailing list, you may request us to do so at any time. Your email address will be used only for the purposes of keeping you updated about our services and offers and for communication in connection with your holiday. It will never be provided to third parties for any reason. If you wish your email address to be removed from our system after the completion of our holiday, you may request this at any time. Credit and debit card information is held electronically only with the secure systems of the card processing organisation and we have complied with the requirements of PCI DSS in relation to the security of this data.