OUR BOOKING CONDITIONS
Elements of a trip can be booked by Jagged Horizons ltd. or by customers directly, The receipt of money by Jagged Horizons ltd. from a customer for a contracted service constitutes a booking made by Jagged Horizons ltd.
1.0 – BOOKINGS MADE WITH JAGGED HORIZONS LTD.
A detailed breakdown of each trip is provided to the customer. The breakdown will identify components of the trip that Jagged Horizons ltd. receives direct payment for and any other elements that are paid for directly to the individual supplier / service provider by the client. The exact makeup of each trip will vary according to the clients’ specifications. Some trip elements may be pre-booked or reserved by Jagged Horizons ltd. but will require direct payment at source by the client. In the cases where services are paid for directly by the client to the supplier, Jagged Horizons ltd. will not be contractually bound in any way to these service components. These services may or may not include (but are not limited to) car hire, resort transfers, ski hire, ski lessons and resort activities. Where Jagged Horizons ltd. receives money for the provision of a service component, as outlined in the travel itinerary / contract then Jagged Horizons ltd. will have a binding contract with the customer for this element / component of the trip.
1.1 - ATOL – YOUR FINANCIAL PROTECTION FOR FLIGHT INCLUSIVE TRIPS
Sections under 1.1 relate to financial protection provided by our ATOL membership and are only relevant to travel packages which include flights. When you buy an ATOL protected flight or flight inclusive trip from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. Some of the flights and flight-inclusive trips on this website are financially protected by the ATOL scheme. But ATOL protection does not apply to all trip and travel services listed on this website. Please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. Please see our booking conditions for information, or for more information about financial protection and the ATOL Certificate go to:
1.1.1 – We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
1.1.2 – If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
1.2 - INSOLVENCY INSURANCE - YOUR FINANCIAL PROTECTION FOR NON-FLIGHT INCLUSIVE TRIPS
To protect customers on trips not covered by ATOL, Jagged Horizons Ltd is insured against insolvency for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of Jagged Horizons Ltd. This insurance has been arranged with MGA Cover Services Limited (registered address Farren House The Street, Farren Court Cowfold West Sussex RH 13 8BP, company registration: 08444204 authorized and regulated by the Financial Conduct Authority registration number 597536) under a binding authority with the insurer CBL Insurance Europe Limited (registered address 2nd Floor 13-17 Dawson Street Dublin 2 Ireland, who are authorized and regulated by the Financial Conduct Authority registration number 203120). In the unlikely event of Insolvency you must Inform MGA Cover Services Limited immediately on +44 (0) 20 3540 4422. Please ensure you retain this booking confirmation form as evidence of cover and value. This policy will not cover any monies paid back to you by your Travel Insurance or any losses which are recoverable under another insurance or bond.
1.3 - BOOKING, CONFIRMATION AND PAYMENTS
1.3.1 – quotes are issued during the sales process and are supplied in good faith and are accurate at the time to the best of our knowledge. Quotes do not represent binding agreements / contracts and whilst everything is done to ensure they are accurate errors may occur. Accurate or not, quotes do not form any sort of legally binding contract whatsoever.
1.3.2 – the process of securing a trip requires the signing off (by the customer) of the travel itinerary in the form of a binding between agreement between the customer and Jagged Horizons ltd. It is the responsibility of the customer to check the details of the travel arrangements contained in the contract and notify Jagged Horizons ltd. of any inaccuracies that need correction (including but not limited to prices, dates and services). As is stated in the contract, the trip is not reserved until a signed contract has been received and the deposit has been paid. Evidence of an enacted money transaction is not sufficient to secure or reserve the booking – Jagged Horizons ltd. requires cleared funds in their holding account to consider the booking deposit has been successfully completed. At that stage a contract has been entered into by both parties and Jagged Horizons ltd. will commence the binding reservation process with the suppliers and will issue an invoice for the remaining balance. Where a quote has been issued and a period of time has elapsed before the customer has indicated a wish to purchase the product, then in normal circumstance Jagged Horizons ltd. will re-issue the quote with more up to date information to ensure that the trip quote is still applicable – the latter quote will supersede the former in these circumstances.
1.3.3 – unless otherwise stated in an individual contract, a 20% initial reservation payment is required, followed by a further 20% payment 14 weeks in advance of departure and the remaining balance must be made more than 6 weeks before departure date. Individual contracts may require other payment schedules and in these cases the individual contract terms will supersede those in section 2.3.3.
1.3.4 – the scope of the services offered will be clearly itemised in the contract and will be strictly limited to the elements detailed. Where taxes and surcharges apply and are not explicitly itemised in the contract then these costs will be borne by the customer. Items such as (but not limited to) road tolls, winter tyres, resort taxes, where not explicitly included in the contract will remain the responsibility of the customer. Whilst Jagged Horizons ltd. will endeavour to meet customer requests, the submission of a request by a customer in no way indicates that this element or service is going to be provided. The signed contract will solely govern the extent of the services to be provided whilst official written confirmation of subsequent and additional elements from Jagged Horizons ltd. may be used to confirm the incorporation of further services to be added to the original itinerary. Verbal communication carries no validity in terms of agreed service provision, nor does a willingness on the part of Jagged Horizons ltd. to investigate if an element or service is possible. Where additional services are added to the original program then Jagged Horizons ltd. will issue written confirmation and where appropriate a further invoice.
1.3.5 – where customers choose to remove or add elements to the trip then the pricing structure may or may not reflect price changes in accordance with the prices advertised (whether listed by Jagged Horizons ltd. or the supplier) for those individual elements – in all cases it will be solely at the discretion of Jagged Horizons ltd. to determine these price changes. Very often where multiple services are offered by one supplier then discounts can be obtained. In these cases the abandonment of one or more services may not reflect the recovery of the entire advertised cost of the service due to the bundled discount originally achieved.
1.4 – PRICE VARIATIONS, AMENDMENTS AND CANCELLATIONS
1.4.1 – Prices vary over time and time elapses between the issue of a quote and the intention by the customer to book may mean prices have been subject to variation. In cases where a period of time between the issue of a quote and an intention to book has arisen, then Jagged Horizons ltd. will re-issue a more up to date quote reflecting either new prices or confirming the originally quoted ones. Jagged Horizons ltd. reserves the right to change prices at any stage before a signed contract is made between them and the customer. A signed contract is the only document which indicates valid and binding prices and these prices will under normal circumstances be fixed. The prices will only be subject to variation (both increases and decreases) under circumstances where unforeseen costs have changed. In most cases these relate to airline fuel surcharges and landing fees / airport fees. Where a cost decrease represents more than 2% of the booking the customer will be automatically entitled to a refund equal to the cost reduction. In circumstances where costs rise by more than 2% of the booking total, following the contract being entered into then Jagged Horizons ltd. is at liberty to (but is not bound to) increase the cost of the trip by an amount equal to the rise in these costs. Should costs rise by more than 10% and Jagged Horizons ltd. passes these increases on the customer then the customer is at liberty (when written confirmation is received by Jagged Horizons ltd. within 14 days of notification of the cost increases) to cancel the trip. Cost increases will not be passed onto the customer in the month prior to departure. Should the customer not respond in writing to a price variation within 14 days of it being issued, it will be assumed that the customer is willing to pay the revised price.
1.4.2 – booking amendments following the authorisation of the binding contract will incur an administration of 25 EUROS per person per change plus any costs resulting from these changes will be borne by the customer. Equally, where an alteration / amendment which results in a cost reduction then this saving will be similarly passed onto the customer. Jagged Horizons ltd. are unable to guarantee that booking amendments can be carried out in all cases. Jagged Horizons ltd. will do their best to understand the revised needs of the customer and will research and communicate the options (and associated costs) available.
1.4.3 – customer cancellations can relate to individual or group bookings. The date Jagged Horizons ltd. receives written confirmation from the customer is the time that refund calculations are calculated from. Verbal confirmation of cancellation will not be recognised until written confirmation is received. Charges are incurred by Jagged Horizons ltd. from the moment contracts with suppliers are entered into and these costs are reflected in the cancellation terms that operate. Please note that when an individual customer cancels a trip ( as part of a group booking) leaving others to continue their trip as planned, the price paid by the remaining participants may be adversely affected. This can happen when costs for coaches for example are fixed for a certain size of unit and prices are effectively shared between total passenger numbers – in this case the proportionally fewer travellers may see higher charges on an individual basis. In some cases fewer numbers may mean smaller capacity vehicles at lower costs and these costs will be refunded by Jagged Horizons ltd. to the remaining customers. Customer cancellations will be charged on the following basis, with time periods calculated between departure date and the date of receipt (by Jagged Horizons) of a written cancellation:
€100 per person – 14 weeks or more prior or departure date
40% of total booking – 6 to 14 weeks prior to departure date
90% of total booking – 1 to 6 weeks prior to departure date
100% of total booking – less than 1 week prior to departure date
Depending on the time of cancellation (prior to departure) any refunds relate to the total cost of the trip for the customer(s) which will exclude insurance premiums and administration charges associated with cancellations / amendments which are non-refundable. Certain airfares are subject to 100% cancellation charges and in the case that a customer requires a name change, route change or timetable change and this is subject to a 100% cancellation charge by the airline then these costs will be borne by the customer. When the fee for changing or cancelling flights is less than 100% but still represent a cost, this will be similarly borne by the customer.
1.4.4 – changes and cancellations by Jagged Horizons ltd. can occur although we will do our utmost to keep them to a minimum. Errors and oversights by us or suppliers can result in changes to the schedule of the trip and Jagged Horizons ltd. reserve the right to make any necessary changes. Some changes will cause very little noticeable disruption but the customer will be made aware of these changes in writing. Jagged Horizons ltd. may need to source another transfer company, a particular restaurant venue may need to be switched, ski hire companies may alter, a room change in a hotel may be required – ‘insignificant’ changes are those where products and services are generally generic and the replacement of suppliers or services does not have a considerable impact on the customer experience. ‘Significant’ changes can impact on trip schedules (including but necessarily limited to) travel arrangements (departure & arrival points and transfer routes), accommodation (for part or all of the duration of the trip including changes of the accommodation supplier and available / operational accommodation facilities) and activities during the stay (snow sports, day time and evening events and meeting and seminar facilities). For changes that alter a customers’ trip itinerary ‘significantly’ then the customer has the following options:
A – to accept a revised schedule / itinerary.
B – to switch to an alternative trip provided by Jagged Horizons ltd. based on the fundamentals of the original trip in terms of standard, duration and activities and which either offers equivalence or higher specification than the original. In cases where the alternative trip is of a lower price than the original then a refund for the difference will be provided.
C – to purchase a wholly new trip from Jagged Horizons ltd. not based on the original specifications which may be more expensive than the original trip – in this case the customer is required to pay the addition costs. In cases where the new trip is lower in price than the original then a refund is provided.
D – the customer can cancel the entire trip and receive a full refund.
When Jagged Horizons ltd. cancels a trip the customer is entitled to compensation – the level of which is determined by the time remaining before departure date. Jagged Horizons ltd. expressly warns that customer compensation claims will be void should a customer breach these terms and conditions, particularly those relating to payment schedules. Compensation can be claimed when a trip is cancelled due to ‘significant’ changes made to the trip by Jagged Horizons ltd. Payments are made on a per person basis (infants are excluded) at 20% of the per person rate when cancellation is communicated to the customer (or agent / trip planner) between 0 and 14 days, at 10% between 15 and 60 days, whilst no compensation is offered if cancellation is communicated more than 60 days before departure date. Points A, B,C & D refer to options resulting from ‘significant’ changes to a trip programme and specifically where Jagged Horizons ltd. or its suppliers have changed the trip programme in a ‘significant way’. Changes made by customers are not governed by these individual terms.
1.4.5 – last minute changes to programmes are sometimes unavoidable and Jagged Horizons ltd. reserves the right to make changes in programmes before and during the time of the trip. In circumstances for example where snow conditions are poor in the originally intended ski area then alternative areas will be included in the programme. Lift companies do not generally offer refunds for poor conditions and where a refund on a pre-paid ski pass is not possible due to poor weather then Jagged Horizons ltd. are unable to offer the customer a refund on these items. Additionally if the customer opts to access an alternative ski area there may be further charges for transport and ski passes – these will be the responsibility of the customer. Should poor snow conditions prevail in the run up to departure the customer is able to cancel the trip or have it rescheduled but Jagged Horizons ltd. expressly confirms that the customer is not entitled to any compensation or refund whatsoever in this case and all costs will be borne by the customer.
1.5 – FORCE MAJEURE
In some instances the fulfilment of Jagged Horizons ltd. contracted services may be prevented by Force Majeure – a chance occurrence or unavoidable accident that impacts upon a customer trip. In the event of Force Majeure Jagged Horizons ltd. cannot accept any liability (financial or otherwise). Force Majeure can include events such as (but is not limited to) war, strike, riot, crime, hurricane, flooding, earthquake or volcanic eruption. In some circumstances customers may be liable for additional costs when an unavoidable event impacts their trip, particularly in relation to transportation.
1.6 – EXTERNAL SUPPLIER TERMS
Every trip that is organised by Jagged Horizons ltd. involves varying degrees of working with third party suppliers. Jagged Horizons ltd. work with reputable suppliers who hold the relevant accreditation to operate in their host countries. Where Jagged Horizons ltd. has received customer feedback suggesting standards of service or safety are below optimal we will cease working with these suppliers. In most cases when additional payment terms (usually deposits) are required we will indicate them. Whether or not these deposit conditions are itemised, it is the responsibility of the customer to ensure they are paid. Payments may (or may not) be limited to security deposits and these are common for ski hire, self catering accommodation, ski lift pass key cards, toboggan rental and other similar things. In some circumstances suppliers use credit cards as a security deposit and it is incumbent on the customer to have this means of deposit available, to pay all necessary deposits for themselves and to ensure that deposits are satisfactorily returned or adjusted to reflect costs that may arise from (but not limited to) damage, end cleaning or lost rented goods or lift cards. It is strongly advised that this is satisfactorily undertaken whilst the customer is on site during the trip. In each case a supplier will have terms and conditions operating and it is strongly advised that the customer is made aware of these before entering into a contract or partaking in an activity with a supplier. The supplier terms and conditions will take precedence and may limit their liability to customers in the event of a claim – the customer is expressly required to take out full insurance coverage against all eventualities. This is particularly true of involvement in Alpine activities – risk of death and serious injury abound in these locations and people involved in activities are at considerable risk. In order to mitigate risks customers should carry out routine risk assessments as to the prevailing weather conditions, the levels of supervision (if any) and their own abilities. Customers involve themselves in Alpine activities entirely at their own risk and expressly agree to indemnify Jagged Horizons ltd. against any claims resulting in injury or loss from involvement in these activities.
1.7 – NON-JAGGED HORIZONS LTD. BOOKINGS
We may make references to and / or suggest activities and services to clients that can be undertaken during the trip. We are careful to select reputable operators who fulfil local accreditation for safety and service standards and will cease recommending any supplier who has doubts raised as to their ability to deliver the highest service levels. Activities, services and entertainment during a trip may well carry an increased risk of loss, damage or injury. In the event that a client pays a supplier of these services directly then the contract will be between the client and supplier, even in the case that Jagged Horizons ltd. recommends or reserves a service from a supplier. In this situation Jagged Horizons ltd. recommends in the strongest terms:
1.7.1 – that the customer has adequate insurance coverage for trip elements that are booked by the client, directly with the supplier and fall outside the trip itinerary contracted between the customer and the client. Jagged Horizons ltd. is covered by general Tour Operator Liability insurance but the customer should be aware that this coverage does not extend to trip activities that do not form part of the contracted services between the customer and Jagged Horizons. At the time of booking Jagged Horizons ltd. will require a customer to confirm that they will have adequate insurance in operation for the period of the trip.
1.7.2 – that customers familiarise themselves with the location, infrastructure and personnel of the service supplier and require from the supplier assurances of levels of supervision, material integrity and safety. In the event that the customer is not absolutely satisfied with the level of overall safety and integrity of the supplier operation then they should desist from engagement with the supplier in all forms. Past performance, reputation and recommendation are not an absolute guide to the current or future performance of services by individual suppliers and any involvement that a customer has with a supplier should be purely on the basis of their own analysis and perception of the risks involved at that time.
1.7.3 – the customer should ensure that any other risk-mitigating measures have been undertaken by the them to ensure an enjoyable and safe experience.
1.8 – TRAVEL DOCUMENTATION
Documentation including (but not limited to) passports, driving licenses and health insurance cards are necessary items that customers must carry to ensure border crossings, access to car hire, identification to hotels and police (if requested) and health services. Where travel to a country requiring a visa is undertaken it is necessary to have the appropriate and valid (for a period beyond the return departure date) documentation. It is entirely the responsibility of the customer to ensure that the documentation they hold is sufficient and valid for their trip. The inability to travel, return, obtain services during the trip and access to medical care through insufficient documentation is entirely the responsibility of the customer, including all losses and costs associated.
1.9 – TRAVEL DISRUPTION
Delays in travel can occur and comprehensive travel insurance is strongly advised to cover these eventualities. Should a flight be delayed or cancelled the point of contact will be the airline and its staff and they will be on hand to offer advice. Jagged Horizons ltd. are not able to assist in cases of air travel disruption. When a private transfer is scheduled to meet customers on a set flight and the flight is delayed there may be a charge by the transfer company for waiting or returning to make the transfer. In this case the cost will be borne by the customer. EC 261/2004 ‘Denied Boarding Regulation’ is legislation to protect the customer in the event of flight delay of 5 hours or more or a cancelled flight and offers the customer the chance of compensation. Claims are made directly against the airline by the customer. In the event that the customer alternatively chooses to pursue compensation from Jagged Horizons ltd. the customer will be required to complete detailed documentation relating to the claim against the airline.
1.10 – COMPREHENSIVE INSURANCE
Comprehensive travel insurance to protect against injury, loss and delay is a prerequisite of any booking with Jagged Horizons ltd. and customers are required to have comprehensive insurance in place for the duration of their trip. Customers are advised to fully familiarise themselves with the insurance cover they have in place as they will be solely responsible for ensuring it is broad enough to cover their individual needs. In signing a contract with Jagged Horizons, the client will be required to confirm that all trip participants have adequate insurance in place.
1.11 – JAGGED HORIZONS LTD. LIABILITIES
Jagged Horizons ltd. organises Alpine ski and winter sports trips for clients and uses the services of a number of suppliers to fulfil the itinerary needs of customers. In nearly all cases these suppliers are based outside of UK territory. Service providers operating in a country outside of the UK fulfil domestic regulatory conditions that are specific to that country, this extends to any investigation undertaken to establish the cause of accident, injury or death. It is essential that customers accept without limitation that the standards of the services provided are judged by accepted legislation and governance in the country the services are provided. The fact that an activity may have different regulatory standards in the UK than the country the service is delivered has no bearing on the regulation of the activity in the country in which it is delivered. Any analysis of the service and safety performance levels of an activity shall be undertaken in the country of delivery and regulations, laws and governance of that country shall assume exclusive authority. Jagged Horizons ltd. takes all necessary precautions to establish the worthiness and safety of suppliers. It is expressly stated that unless it can be proven by the customer that accidents, injury or death were the result of failings by Jagged Horizons ltd., its staff, agents or suppliers to deliver the trip and its components with reasonable skill and care, then Jagged Horizons ltd. will not be responsible for adverse outcomes resulting from the delivery of the trip. Where it can be proven that Jagged Horizons ltd., its staff, agents or suppliers failed to deliver a trip and its services with reasonable skill and care then Jagged Horizons ltd. will accept liability for injury or death. It is incumbent upon the customer to prove that reasonable skill and acre has not been used and was a contributory factor in the injury or death. Where ‘force majeure’ is an accepted cause of an injury or death then Jagged Horizons ltd. is in no way whatsoever liable for claims. Equally customers who entre into contracts with suppliers in destination to perform services and activities do so solely at their own risk. Even in cases where Jagged Horizons ltd. have recommended, advertised or reserved a service for the customer, when these services do not form part of the contract between Jagged Horizons ltd. and the customer then Jagged Horizons ltd. are in no way liable for any adverse outcomes that may arise from the involvement of these suppliers.
1.11.1 – Complaints should be made in the first instance to the account manager the customer has been dealing with. Should the customer not be entirely satisfied with the response then they should contact us, indicating they would like the issue to be handled by a company director. In all instances customers should retain all correspondence they have with Jagged Horizons ltd.
1.11.2 – This agreement is governed by the laws of England and Wales and the user of the site hereby consents to the exclusive jurisdiction of the English courts in all matters of dispute in relation to and arising from the use of this website and the services offered by Jagged Horizons ltd. Jagged Horizons is a UK Ltd company, registration number: 6456454 and registered office: Swatton Barn, Badbury, Swindon, SN4 OEU.
1.12 – CUSTOMER RESPONSIBILITIES
Customers with existing health conditions that may affect the trip agree to disclose these to Jagged Horizons ltd. prior to departure. Air travel and high altitude living are 2 of many health impacting elements associated with Alpine trips. Jagged Horizons ltd. reserve the right to cancel a trip on medical grounds.
1.12.1 – Customers are solely responsible for claims against them for damage to property and the breaking of local laws. Jagged Horizons ltd. reserve the right to terminate a trip when it is reasonably concluded that the actions of a customer or group is causing damage or distress to others – in this case Jagged Horizons ltd. will in no way be liable for the repatriation or any other costs incurred by customers who have had their trip terminated for participation in these acts.
Elements of a trip can be booked by Jagged Horizons ltd. or by customers directly, The receipt of money by Jagged Horizons ltd. from a customer for a contracted service constitutes a booking made by Jagged Horizons ltd.
1.13 – JURISDICTION
This agreement is governed by the laws of England and Wales and entities entering into contractual agreements with Jagged Horizons Ltd. hereby consent to the exclusive jurisdiction of the English courts in all matters of dispute in relation to and arising from the services offered by Jagged Horizons ltd.
Jagged Horizons is a UK Ltd company, registration number: 6456454 and registered office: Swatton Barn, Badbury, Swindon, SN4 OEU.