Terms and Conditions for Southern French Alps

Your holiday contract is with Undiscovered Alps Ltd trading as Undiscovered Mountains. Company number 5448659. Company registered at Company House in Cardiff. Registered Address: 5 Village Close. Sherington, Newport Pagnell, MK16 9PZ, UK. All bookings are subject to the following terms and conditions. No variation shall be of any effect unless in writing and by the authority of Undiscovered Alps Ltd. Your contract will be with us and is subject to us arranging at least two or more of the following services when the services are taken together at an all inclusive price and also either cover a period of more than 24 hours or include overnight accommodation:- (a) transport; (b) accommodation; and (c) other tourist services such as activities not ancillary to transport or accommodation which account for a significant part of the arrangements. We will need to be aware that you have made more than one arrangement with us.

1. Your Holiday Contract.

Each contract shall have a lead name who is called the client, whether a booking is for one or more persons. When booking a holiday, the lead name must sign a booking form accepting on behalf of the party the terms of these conditions of booking and pay the appropriate deposit shown on the booking form per person for all holidays. When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions.

The deposit paid in respect of each holiday is accepted as a first instalment of the charge. The receipt or banking of a deposit or the making of a provisional reservation does not imply final acceptance of the booking; neither is a verbal quotation confirmation of final cost. If a booking cannot be accepted, notification and refund of any deposit will be sent as soon as possible. If accepted a confirmation invoice will be forwarded to you normally within 2 weeks of receipt of your signed booking form. The contract is made between us when we send this confirmation.

This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so. [If you had not seen these terms and conditions when you made your booking and you are not happy to proceed with the booking now that you have seen them please return all documentation to us or to your travel agent, within 7 days of receiving these booking conditions. Your booking will be cancelled and your monies will be returned in full, provided you have not commenced your travel. This clause does not apply if your booking was made within 10 weeks of travel].*

For parties of less than 15 people, the deposit will be 25% of the total holiday price for the party. For parties of 15 or more people the initial deposit will be 30% of the holiday price per paying party member with a second deposit of another 20% of the holiday price per paying party member due 8 weeks after the confirmation of booking.

2. Your Financial Protection and ABTA:

We provide full financial protection for our package holidays, by way of an insurance policy with International Passenger Protection.

We are a Member of ABTA, membership number Y6087. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of this contract. The scheme is arranged by ABTA and administered independently. It is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs. The upper limit on claims is £5,000 per person and £25,000 per booking form. The scheme doesn’t apply to claims which are solely in respect of physical injury or illness or their consequences. It can however deal with claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday. For injury and illness claims, you can request the ABTA Mediation Procedure and we have the option to agree to mediation. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.

3. Payment.

Full payment, less any previously paid deposit monies, must reach Undiscovered Alps Ltd not less than 6 weeks prior to the departure date shown on the booking form. The lead name is liable for full payment for all persons for whom the original booking was made. The lead name is also responsible for all monies relating to any additional persons Undiscovered Alps Ltd was subsequently asked to book and in respect of whom Undiscovered Alps Ltd issued a confirmation invoice.

If you book within the balance due period you must pay the full holiday price at the time of booking. If the balance is not paid in time we reserve the right to cancel your holiday, retain your deposit and apply cancellation charges as set out in paragraph 4.

It is possible to pay by bank transfer BACS to a UK bank in pounds sterling or in euros to a UK international bank. The client is liable for any bank charges applied to the transaction by either bank. It is also possible to pay by credit or debit card. Please note that we impose a 3% surcharge in respect of all payments you make by credit or debit card. Where payments are made by credit or debit card, any refund will be made through the cardholder's account and not by cheque.

4. If you Change or Cancel your Holiday.

Undiscovered Alps Ltd will do all it can to comply with any changes or alterations made to the original contract provided that written notification is received at our offices from the person who signed the booking form, not later than the date on which balance of the original holiday price is due for payment. However, Undiscovered Alps Ltd cannot guarantee that these will always be possible. If we can change or alter your booking a minimum administration charge of £30 per person per booking may apply. Any change or alteration made within 6 weeks of the departure date may be treated as a cancellation and the below cancellation charges will apply.

If after your booking has been confirmed you are unavoidably prevented from proceeding and wish to transfer your confirmed booking to another person, you can do so, provided that this is not later than 30 days before departure. You, as transferor of the holiday, and the transferee shall be jointly and severally liable to us for the payment of the balance due, together with all additional charges of whatever sort imposed by the suppliers providing component parts of your holiday. You will also be required to pay an administration fee of up to £30 per person.

Should you, or any member of your party, be forced to cancel your holiday booking you must do so in writing and this letter must be signed by the person who signed the booking form. A cancellation will take effect from the date that written notice is received at our office. All such cancellations will be subject to a charge of a percentage of the total holiday price, and the following scale indicates the amount which will be charged in any circumstance.

No days before arrival date

Cancellation charge

More than 42 days

Deposit

42 - 29 days

45%

28 - 15 days

60%

14 or less days

80%

7 or less days

100%

Note: If the reason for cancellation is covered under the terms of your holiday insurance policy you may be able to reclaim these charges.


5. If We Change or Cancel your Holiday.

We make every endeavour to operate all of our holidays. However, we reserve the right to cancel your holiday if, for reasons of safety or force majeure or unforeseen circumstance, we deem it would be inappropriate for us to accept you in the resort. We will always, where possible, offer an alternative holiday based on the one booked. Except for the above reasons we guarantee not to cancel your holiday less than 6 weeks prior to your departure date, unless you default in payment of an outstanding balance. We may cancel your holiday before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached.

If your holiday is cancelled you can either have a refund of all monies paid to date excluding any monies paid for insurance policies, flights, hire cars or other items related to your holiday but not booked through Undiscovered Alps, or accept an offer of alternative travel arrangements of comparable standard from us, if available. We will refund any price difference if the alternative is of a lower value. You will be responsible to pay the difference if the alternative accepted is of a higher value. If we do have to cancel your holiday and cannot offer an equal alternative you will receive a full refund of monies paid. In some cases we will pay compensation (see below).

As we plan your holiday arrangements many months in advance we may occasionally have to make changes to your booking and we reserve the right to do so at any time. We reserve the right to make minor changes without prejudicing the contract. A minor alteration is any alteration apart from a major alteration. Examples of minor changes include, change of accommodation to another of the same or higher standard, changes of activities to another activity of similar value or higher, changes of the order of activities and other elements in an itinerary. A major alteration is an alteration which involves changing your tour or time of departure by more than 12 hours or offering accommodation with a lower rating. In the case of major changes we will inform you or your travel agent as soon as reasonably possible if there is time before your departure and you will have the opportunity to accept the changes of arrangements, accepting an offer of alternative travel arrangements, holiday or accommodation arrangements or activities of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value, but you will be responsible to pay the difference if the alternative accepted is of a higher value), or cancelling your holiday and receiving a full refund of all monies paid. In some cases we will also pay compensation (see below).

Compensation If we cancel or make a major change we will pay compensation as detailed below except where the major change or cancellation arises due to reasons of force majeure. Compensation does not apply to minor changes or cancellation of individual activities during your holiday (see clause 7). The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

Period before departure in which we notify you

Amount you will receive from us

More than 29 days

£0

More than 15 days

£20

More than 1 day

£50

Less than one day

£80

Force Majeure We will not pay you compensation if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, lack of snow, level of water in rivers, epidemics and pandemics, unavoidable technical problems with transport or other similar events beyond our control.

6. If you wish to cancel or alter any of your activities during your holiday.

Once your itinerary has been presented to you at the beginning of your holiday, it cannot be changed by you. If you wish to cancel an activity, you will not be entitled to any refund or compensation from Undiscovered Alps. If you do not turn up to an activity or are more than 10 minutes late this will be treated as if you have cancelled your activity and you will not be entitled to a refund or compensation from Undiscovered Alps Ltd.

7. Cancellation or alteration of activities by Undiscovered Alps Ltd during your holiday:

Wherever possible we will endeavour to deliver all the activities you have booked through us or chosen with your activity points. However, sometimes it is necessary to cancel or alter activities due to insufficient numbers, maintenance or operational reasons, on grounds of health and safety or due to inappropriate climatic conditions.

For snow activities, we do not offer a snow guarantee. We will make every effort to provide alternative activities for you, the cost of which is borne by you, the client. No refund, claim for compensation or expenses incurred as a result of snow activities cancelled due to lack of snow or closure of lifts, will be accepted. We advise you to purchase a snow guarantee in your travel insurance. We are happy to provide documentary evidence of cancelled snow activities due to lack of snow or lift closures for your insurers, if necessary.

For non-snow activities: In the unlikely event we have to cancel any of your activities, we will either try to re-arrange it for a different day or offer an alternative activity. The alternative activities we can offer for any cancelled activity may be limited by availability, operational constraints or insufficient numbers. Any additional costs for alternative activities is borne by you. If we can't and can’t find you an alternative we will offer you a refund equivalent to the cost price charged by our activity provider for that activity. No additional compensation or claim for expenses incurred will be accepted.

For alterations to routes and itineraries, eg cycling or walking routes, or the order of activities on your itinerary, no refund or compensation and no claim for compensation or expenses incurred will be accepted.

Maintenance or operational reasons means where routine or emergency maintenance or repair work is being done, which may prevent an activity taking place. For example footpath restoration may prohibit mountain bikers and walkers from using a particular path.

Inappropriate climatic conditions means that the prevailing weather makes the activity dangerous or impossible, for example high winds are dangerous for paragliders, high water levels make some canyons dangerous and it is not possible to go rafting if the river levels are very low (this is not an exhaustive list, merely examples). We always accept the opinion of our activity providers and guides on the feasibility of activities due to weather and health and safety on the day.

For reasons of health and safety we reserve the right to alter or cancel all or some of your activities if we deem you are acting irresponsibly or dangerously, or you do not have the required level or ability to do the activity and you pose a risk to the health or safety of other members of the group or to yourself. No compensation will be payable and no other claim for compensation or expenses will be accepted under these circumstances.

8. Insurance.

Undiscovered Alps Ltd cannot accept booking without travel insurance. Undiscovered Alps require the client to notify us on the booking form that all persons travelling have appropriate insurance for the activities they are undertaking and no booking can be accepted without this confirmation. In some circumstances we may need to see a copy of clients’ own insurance cover. In the event of personal injury, death, illness, loss of baggage or personal possessions Undiscovered Alps Ltd cannot accept any responsibility as it is the client’s responsibility to ensure that all persons travelling have the appropriate insurance cover for these and the activities to be undertaken. In addition to appropriate insurance we strongly advise you to obtain a EHIC card (European Health Insurance Card) available from Post Offices to facilitate speedy medical care in the event of injury or illness.

9. Passports, visas and health requirements.

It is the client’s responsibility to ensure that valid travel documentation is provided for all persons named on the booking form. Undiscovered Alps Ltd cannot be responsible for failure of either EU or non-EU passport holders to obtain the appropriate documentation for travel to France. Undiscovered Alps Ltd cannot be responsible for failure of the appropriate immigration service to allow entry into France of any person named on the booking form neither can Undiscovered Alps Ltd be responsible for failure of persons named on the booking from to comply with any health entry requirements.

10. Complaints.

Any problem or reasonable complaint should be reported in resort not more than 24 hours after the problem first arose. We will then make every effort to resolve the problem. If you do not tell us we cannot do anything either in resort or after your return from holiday. If the complaint is not resolved to mutual satisfaction you must inform us in writing to reach Undiscovered Alps Ltd head office not more than 28 days after the return date of the holiday, giving all relevant information. We regret that we cannot accept liability for any complaint which is not notified to us in accordance with the above. Please see clause 2 above on ABTA.

11. Conditions of Suppliers.

Undiscovered Alps Ltd is acting as a commercial agent for the suppliers of many of the accommodation, activity and transport elements of your holiday. These suppliers provide their services in accordance with their own terms and conditions, which will be communicated on our website and /or on the accommodation or activity vouchers. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions, and may affect your rights to compensation. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned. The web site is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit any independent organisations/ suppliers/ carriers whose services are featured in it.

The accommodation, activities and transport is for the sole use of those persons named on the booking form and for whom it has been reserved. No sub-letting, sharing or assignment is permitted.

We have a duty to select the accommodation and activity providers with reasonable skill and care. We have no liability to you for the actual provision of the accommodation or activities, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the provider with reasonable care and skill, we will have no liability to you for anything that happens at the accommodation or during the activity or any acts or omissions of the provider or others. We also have no liability in the following situations:

  • where the accommodation or activity cannot be provided as booked due to circumstances beyond our control (see the Note in clause 8)
  • where you incur any loss or damage that could not have been foreseen at the time of your booking, based on the information provided by you.
  • where you incur any loss or damage that relates to any business activity.
  • where any loss or damage relates to any services which do not form part of our contract with you.

If we are found liable to you on any basis, we limit the amount we have to pay you to a maximum of three times the cost of your accommodation or activity. This limit does not apply to cases involving death or injury.

All accommodation gradings and classifications are those provided by the relevant organisations in France.

If you or any of your party do not take up your accommodation within 24 hours of the date of arrival shown on your confirmation, it will be offered for re-letting.

12. Travel and Transport.

Tickets for travel of any kind whatsoever, whether by land or sea, are issued subject to the conditions and regulations published in the timetable, books or other notices of the persons, companies or authorities undertaking such transport. There is no guarantee that trains or ferries will depart at the time specified, and we do not have any liability to you for any delay which may arise. Where such delay does arise, we will use our best endeavours to arrange for the transport provider to provide appropriate meals, etc, but we ourselves will not make any such provision.

13. Rights of admission.

Undiscovered Alps Ltd reserve the unconditional right to refuse a booking or to debar a person from a holiday in the event of conduct which in our reasonable opinion is likely to cause distress, damage or annoyance to guests, employees, property or to any third party. This includes any guest who fails to advise us of a medical condition or of a disability which prevents their full participation in a holiday programme. If we are not informed in this way we cannot be held responsible for any inconvenience or costs incurred by you and this may include our refusal to complete your holiday arrangements. Cancellation charges of 100% would apply in these circumstances. Smoking is not allowed on any Undiscovered Alps Ltd car, minibus or coach. If you ignore this condition, you may be asked to leave the holiday.

14. Damage and behaviour by the client.

When you book accommodation and activities through us, you accept responsibility for the proper conduct of all members of your party during your stay. We reserve the right at any time to terminate the stay of any party member(s) whose behaviour is such, in the reasonable opinion of the accommodation or activity provider or us, as to cause or to be likely to cause danger, upset or distress to anyone else or damage to property or equipment. Full cancellation charges will then apply and no refund will be given. Furthermore, we shall be under no obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative accommodation) you may occur as a result of your stay being terminated. If you cause damage to the accommodation in which you are staying or equipment you are using during an activity, you must fully reimburse the accommodation or activity provider concerned for the cost of the damage before the end of your stay if the cost has been established by then or as soon as it has been established if later. You must also indemnify us for the full amount of any claim (including all legal costs) made against us by the accommodation provider or any third party as a result.

The guest undertakes to behave in a reasonable manner and in accordance with local law so as not to disturb or disrupt the enjoyment of other holiday makers or in any way damage the reputation of Undiscovered Alps Ltd, the owners of accommodation or Undiscovered Alps Ltd suppliers.

In some accommodations, you will be asked to pay a security deposit, payable directly to the owner or agent managing the property on your arrival. This will be refunded after an inspection of the property at the end of your stay. Details of individual security deposit terms and conditions can be found on the website listing of the accommodation.

15. Parental responsibility.

Parents or guardians or adults acting ‘in loco parentis’ undertake to accept full responsibility and supervision of and for their children and other minors in their charge at all times.

16. Prices.

We make every effort to give you an accurate price for the holiday you book. We reserve the right to increase the advertised price of your holiday at any time prior to a booking being accepted and confirmed by us. The correct holiday price will be confirmed at the time of booking. We calculate our prices in euros and you will be quoted in euros. We do accept pounds sterling or euro payments.

Once your holiday has been booked we reserve the right to levy surcharges in the event of UK, France or EU government action, in the event of adverse exchange rates or to cover increases in transportation costs, including the costs of fuel, dues, toll fees or taxes. However there will be no change within 30 days of your departure.

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 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 (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel you must do so within 14 days from the date on your final invoice. 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.

17. Website.

We make extensive efforts to ensure the accuracy of our website and confirm that the information contained in it is correct to the best of our knowledge at the time of publication.

Photos are non-contractual and are only there to give an indication.

Plans, and piste maps should only be used as an indication. In the case of ski lifts we cannot guarantee that every lift will be open as this decision is based on safety considerations and is at the sole discretion of the lift companies. We will make every effort to offer an alternative, the cost of which is borne by the client. Please see clause 7 for details on cancellation or alteration of activities.

Occasionally, due to insufficient numbers, weather, safety, operational, or maintenance reasons advertised activities may be unavailable.

18 Undiscovered Alps Ltd liability.

(1) We promise to make sure that the tour arrangements we have agreed to make, perform or provide as applicable as part of our contract with the group organiser are made, performed or provided with reasonable skill and care. 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).

(2) 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 third party not connected with the provision of your holiday

-An event which was unforeseeable or unavoidable or

-‘force majeure’ as defined above.

(3) 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 included in the cost of your itinerary and we have not agreed to arrange them, and any excursion you purchase whilst overseas. In addition, regardless of any wording used by us on our website, in any of our brochures, application pack 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.

(4) 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 be 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 group member to refuse to take the tour in question.

(5) 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 £1,000 per person affected unless a lower limitation applies to your claim under this clause.

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. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your tour.

(6) 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 air, 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 Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2202 for national and international travel by air and the Athens convention for international travel by sea), the Berne Convention 1961, the Geneva Convention 1973 and the Paris Convention 1962.

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.

Finally, it is a condition precedent of such acceptance of liability that you follow the procedures for the notification of complaints set out in clause 11.


Other than as set out above, and as is detailed elsewhere in these conditions of booking, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of any holiday arrangements booked with us.

19. Legal assistance.

If any client suffers death, illness or injury by misadventure whilst overseas, arising out of activities which do not constitute part of the holiday arrangements, we will, at our discretion, offer advice, guidance and assistance to help in resolving any claim you might make against a third party. In this instance we must be informed in writing to our registered address no later than 28 days after the occurrence of such incident and we reserve the right to reclaim the appropriate costs from you, your insurance or costs recovered in such an action.

20.Data Protection

Please be assured that we have measures in place to protect the personal booking information held by us. This information will be passed on to the principal and to the relevant suppliers of your travel arrangements. The information may also be provided to public authorities such as customs or immigration if required by them, or as required by law. Certain information may also be passed to security or credit checking companies. We will only pass your information on to persons responsible for your travel arrangements. This applies to any sensitive information that you give us such as details of any disabilities or dietary / religious requirements. If we cannot pass this information to the relevant suppliers we maybe unable to provide your booking. In making this booking you consent to this information being passed on to the relevant persons.