ORIGINAL SKI & POWDER BYRNE RESORTS BOOKING CONDITIONS

We understand that our clients are looking for more flexibility when booking their holidays. These terms and conditions apply to Original Skiing and Powder Byrne Resort holidays and offer clients more control with no or little deposit required to book their holidays. 

 YOUR CONTRACT IS WITH PB International Travel Limited

Please read the following booking terms and conditions carefully as they set out the terms and conditions of the contract between you and PB International Travel Limited (“We”, “us” and “our”). Your contract will be governed by English law and any disputes will be dealt with in the courts of England and Wales.

Our obligations to you will vary depending upon whether or not what you book with us is a package holiday (“Package”) as defined by the Package Travel and Linked Travel Arrangements Regulations 2018.

We reserve the right to update and amend these booking conditions, within reason, at all times.

1. Your Holiday Contract

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.  By confirming your booking you accept that a contract will exist.

You confirm that you are required and shall register valid card payment details with us and that you give consent we may automatically take payment of any non-package charges, administrative charges, costs for flight arrangements, deposit amounts of any kind, balances, and any other charges which are required and have been communicated to you at the time of booking. As laid out in clause 3.

This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts.

These booking terms and conditions are shared with you via a link during your booking process and are subject to you paying your full holiday balance. If you had not been directed to 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 any non-refundable monies will be returned in full, provided you have not commenced your travel. If you have commended your travel there will be no refund.

This clause does not apply if your booking was made within 8 weeks of travel, or to any non-refundable flight arrangements booked for you by us as in Clause 8, or to any non-refundable accommodation element of the holiday. Nor does it apply to any non-refundable service or account management fees or charges outside of holiday arrangements.

Any booking made within 8 weeks of travel must be paid in full via bank transfer.

2. Your Financial Protection

We are a member of ABTA with membership no. V4890. As such, holidays, which do not include flights, are similarly protected according to ABTA’s rules and we abide by ABTA’s Code of Conduct.  For a copy of the Guide to ABTA’s Scheme of Financial Protection please visit the ABTA website at www.abta.com. In relation to complaints please see Points 10 & 11. You should check the details on your invoice and itinerary carefully and contact us immediately if there are any discrepancies.  Failure to do this may incur extra charges.

We are regulated by the CAA and our ATOL number is 2763. We work with Protected Trust Services to provide financial security for flight only bookings and customer monies are held within the PTS Trust Account, which is managed by Protected Trust Services Ltd of 307-315 Holdenhurst Rd, Boscombe, Bournemouth BH8 8BX and its Trustees, chartered accountants – Elman Wall Ltd of 8th Floor, Becket House, 36 Old Jewry, London EC2R 8DD.

3. Your Holiday Price

When you make your booking you must pay any relevant fees, including airline tickets, non-refundable and non-package administrative charges or any deposit amount (when required).

If these fees or charges are not paid, the holiday arrangements will not be confirmed. When you make your booking you agree to register valid debit or credit card payment details. You confirm that you are authorised to submit your payment details. You confirm that you authorise us to charge your registered card for any payments and charges payable. You accept full liability for these payments and any charges.

The balance of the price of your travel arrangements must be paid at least 8 weeks before your departure date. You must pay your final balance via bank transfer and you confirm that you authorise that we may use your registered card information for any extra payments and charges.

If you have booked on an early booking offer, or any flight arrangements, or certain types of accommodation, there may be deposits required. These must be paid at the time of the booking from your registered card information unless otherwise agreed. You will be made aware of these charges and any required deposits at the time of booking.

Should a booking be made less than 8 weeks prior to departure, payment is due in full at the time of booking through a bank transfer, unless otherwise agreed.

If you do not pay your final balance by the date of your final balance for whatever reason, including that we are unable to successfully charge your registered card information we shall cancel your holiday and you shall forfeit all monies paid and you shall be liable to pay cancellation fees.

All monies you pay to the travel agent are held by them on our behalf at all times. The price of your travel arrangements was calculated using the Royal Bank of Scotland’s exchange rates at the time your holiday was quoted.

If you are required to pay a damage deposit for any property rentals, we shall be responsible for assessing any damage and making the decision with regard to charging you for the cost to remedy the damage.  The cost will be taken from the damage deposit and if the cost of damage exceeds the deposit amount you will be liable for any further cost.

Some destinations and resorts charge a local tourism tax. Where this is the case, it is not included in your final holiday amount and is payable by you directly to the hotel locally, usually provided on the check-out hotel bill.

4. Surcharges

The price of your travel arrangements can be varied due to changes in operational costs, transportation costs such as fuel, scheduled airfares and any other airline cost changes which are part of the contract between airlines (and their agents) and the tour operator.  Also, government action such as changes in VAT or any other imposed changes and currency changes in relation to exchange rate variations and conversions.

In the case of a change of any small variation, an amount equivalent to 2% of the price of your travel arrangements, and any amendment charges, will be absorbed or retained. For larger variations, this 2% will still be absorbed for increases but not retained from refunds. If this means that you have to pay an increase of more than 8% of the price of your travel arrangements, you may cancel your travel arrangements and receive a full refund of all monies paid, which are covered by the financial protections under either ATOL or ABTA, excluding any amendment and administrative charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.  Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. Whether you cancel or not you will also be entitled, on the terms set out in respect of major changes in Clause 9 below, to accept an offer of alternative travel arrangements from us if we are able to do so and compensation as set out in this clause.

Should the price of your holiday go down due to the cost changes mentioned above, then any refund will be paid to you. We will deduct from this refund any administrative expenses incurred. 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.

5. Insurance

It is a condition that you and your party obtain suitable Travel Insurance, from a reputable provider, which must at least include the following:

• Emergency Medical Expenses including, amongst other costs; ambulance charges and repatriation
• Cancellation of your trip or Curtailment cutting short your trip
• Personal Liability to include, amongst other liabilities; damage caused by your (or your party’s) negligence to the property in which you are staying and may not include a clause which restricts actions being taken against a travelling companion other than family and must include contractual liability of the party leader for the actions of his party
• Travel and transfer delays which must include amongst other costs; additional costs incurred in the event of a delay
• The policy must include the activities you are likely to do and in particular skiing and snowboarding on and off piste with or without a guide
• The policy must cover the period from the date of booking to the last day of your trip and may not have a clause allowing the insurer to cancel the policy nor vary the terms usually following medical reasons unless there has been individual underwriting with specific terms.

Note: There are of course other sections to a Travel Insurance policy such as Baggage and ski equipment, Legal Expenses, Personal Accidents and so on.

In the event that you fail to obtain suitable Travel Insurance, we shall not be liable for any costs incurred or claims made against us due to your failure to comply with this term.

The policy posted on our website is available from MPI Brokers and satisfies these conditions: https://retail.mpibrokers.com/powderbyrne#/start

6. Passports, Visa & Health Requirements

British subjects require a full British passport for visits to all destinations featured by us. Passports must be valid for the dates of your stay and for some destinations for at least 6 or even 12 months from the date of entry.

You are responsible and must check all visa requirements for all members of your party and can view helpful information on your Government website.

Visa requirements vary by country and may change so you must check the up-to-date requirements prior to departure. You must check the entry requirements with your embassy or consulate.  Vaccinations and medications may be required when travelling to some of the destinations and you must consult a Travel Health professional as early as possible.  If you have a medical condition or if you are pregnant, then you must get clearance to travel from your doctor. Pregnant passengers are not accepted by most airlines after 28 weeks of gestation. 

It is your responsibility to make sure you understand and fulfil the travel requirements to your destination. If you book a holiday to a destination and you have not been fully vaccinated or fulfilled the health entry requirements, you may have to quarantine on arrival and/or on return If you are not able or do not wish to fulfil the health travel requirements and wish to cancel your holiday, our cancellation terms shall apply, however, you may be able to change your holiday, in accordance with any change or amendment conditions and applicable charges which you booked under.

7. If You Change Your Booking

If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example, your chosen departure date (within a reasonable timeframe) or accommodation, we will do our utmost to make these changes but it may not always be possible. Any change must be for the same type of travel arrangement.  If the holiday departure date is changed significantly (i.e. original departure in July was postponed to a departure at October half term) this will be considered a cancellation and re-booking.

Any request for changes to be made must be in writing from the person who made the booking or your travel agent.  You will be asked to pay an administration charge of £250 per person and any further costs we incur in making this alteration.  You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible.  It may be possible to transfer hotel arrangements to a third party but this will incur an administration charge of £250 per person.

Note: Certain travel arrangements (e.g. flights) may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.

8. If You Cancel Your Holiday

You, or any member of your party, may cancel your travel arrangements at any time.  Written notification from the person who made the booking or your travel agent on your behalf must be received at our offices.  Since we incur costs in cancelling your travel arrangements or partial arrangements, you will have to pay the applicable cancellation charges up to the maximum shown in Clause 9.

Note: Certain travel arrangements (e.g. flights) may be non-refundable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

All holiday extra items and arrangements (including but not limited to ski passes, snowsports instruction, programmes, services, shopping, spa, and restaurant bookings), which are confirmed by you or on your behalf, or have been paid for, or required to be paid for upfront, or are secured by Powder Byrne (these may be using the card details we hold on your account), are subject to a minimum cancellation charge of 10% at any time before 60 days prior to your departure date, a minimum of 50% of the full cost if cancelled 60-31 days prior to departure date, and 100% cancellation charge 30 days or less prior to your departure date. We shall make efforts where possible to speak with suppliers to offer credit for cancelled items but this is not always possible.

9. If We Change or Cancel Your Holiday

It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements months in advance.  Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will make all reasonable efforts to advise you or your travel agent of them at the earliest possible date. 

We also reserve the right in any circumstances to cancel your travel arrangements e.g if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it.

Minor Changes Made by Us, Before Travel

Any change which we do not consider significant is a minor change. We will endeavour to tell you about a minor change before you travel but we are not obliged to do so and we will not pay compensation.

It may not be possible at the time of booking to specify the airline or type of aircraft. Please note that carriers such as airlines used in the brochure may be subject to change. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, amendments to resort services, change of accommodation to another of the same standard, change of resort to another destination with the same service offering and airport transfers.

Major Changes made by Us, Before Travel

Major changes include:

• Change of your departure airport
• Significant change of your destination airport
• A change of more than 12 hrs to the time you leave the UK.

If you do not want to accept a significant change, which we tell you about before you depart, we will, if we are able to do so, offer you an alternative holiday of equivalent or closely similar standard and price at no extra cost, or a less expensive holiday, in which case we will refund the difference in price. If you do not wish to take the alternative we offer you, you can choose a different holiday offered for sale by us and pay, or receive a refund of, any price difference. Or, if you prefer, you can cancel your holiday and receive a full refund of any money you have paid to us that are covered by the financial protections under either ATOL or ABTA, excluding any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. We will offer you compensation for changes which have to be made to your package before you travel unless the change is as a result of the sort of circumstances listed in the paragraph below headed ’Force Majeure/Circumstances Beyond our Control’ or unless the change is made more than 35 days before departure. If you have not accepted the change but have accepted an alternative holiday, the compensation we will pay you will be nominal and will be to compensate you for the inconvenience of having to make alternative arrangements but otherwise we will have no liability to pay you compensation. If you have accepted the change, again, the compensation will be nominal unless, upon your return, you can justify to us that the change significantly diluted your holiday. If you have not accepted the change and have accepted a refund of your holiday cost, the compensation will be a nominal sum designed to compensate you for the inconvenience of arranging the refund and making subsequent alternative arrangements but otherwise, we will have no liability to pay you compensation.

Cancellation

 If we have to cancel your travel arrangements for any particular reason, we will tell you as soon as reasonably possible. In these circumstances, we will, if we are able to do so, offer you an alternative holiday of equivalent or closely similar standard and price at no extra cost, or a less expensive holiday, in which case we will refund the difference in price. If you do not wish to take the alternative we offer you, you can choose another offered for sale by us and pay, or receive a full refund of, any price difference. Or, if you prefer, you can receive a full refund of any money you have paid to us that are covered by the financial protections under either ATOL or ABTA, excluding any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.     

Force Majeure/Circumstances Beyond Our Control

Except where otherwise expressly stated in these Terms and Conditions, there may be circumstances where the performance or prompt performance or our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of “force majeure”. This means we will not pay you compensation if we have to change or cancel your travel arrangements in any way due to “force majeure”. In these Terms and 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 but are not limited to, political disputes, acts of war, threat of war, riots, terrorist activity (actual or threatened), border closures, industrial action (actual or threatened), technical problems with machinery, transport or equipment, government intervention (including UK Government Foreign & Commonwealth Office advice to avoid or leave a particular country), natural disasters, fire or explosion, inclement weather and acts of God and all similar events outside our or our suppliers’ control.

If we make a major change to your holiday

If we cancel your holiday

If you cancel your holiday

*Timeframe refers to the period before departure within which notice of cancellation or major change is received by us or notified to you.

** also applies to an individual on a booking

10. If You Have A Complaint

If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) and our local Ground Handler immediately, who will endeavour to put things right.  If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at  Powder Byrne Tintagel House, 92 Albert Embankment London SE1 7TY, giving your booking reference and all other relevant information.  Please keep your letter concise and to the point.  This will assist us to identify your concerns quickly and speed up our response to you.  It is strongly suggested that you communicate any complaint to the supplier of the services in question as well as to our representative without delay and complete a report form whilst in resort. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.

11. What Happens to Complaints (ABTA Code of Conduct)

Disputes arising out of, or in connection with, this contract which cannot be amicably settled may be referred to arbitration, if the customer so wishes, under a special Scheme arranged by the Association of British Travel Agents. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com). The Scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences.   The Scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element. The application for arbitration and Statement of Claim must be received by ABTA within eighteen months of the date of return from the holiday.  Outside this time limit arbitration under the Scheme may still be available if the company agrees, but the ABTA Code does not require such agreement.  For injury and illness claims, you may like to use the ABTA Mediation Procedure. This is a voluntary scheme and requires your tour operator to agree for mediation to go ahead. The aim is to help you resolve your dispute in a quick and cost-effective way.

12. Our Liability to You

(i)  We accept responsibility for ensuring that your travel arrangements, which you book with us, are supplied as described in this confirmation.  If any part of your travel arrangements are not provided as promised, due to the fault of our employees, agents or suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements.  Subject to paragraph (ii) below our liability in all cases shall be limited to a maximum of two times your basic holiday price.

(ii)  We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, our suppliers and sub-contractors, whilst acting within the scope of, or in the course of their employment in the provision of your travel arrangements.  We will accordingly pay to you such damages as might have been awarded in such circumstances under English Law or the law you have chosen under clause 1 above.

(iii)  In respect of travel by air, sea and rail, and the provision of accommodation our liability will be limited in the manner provided by the relevant international convention.  You can ask for copies of these international conventions from our offices (at Powder Byrne Tintagel House, 92 Albert Embankment London | SE1 7TY).

(iv) Personal Injury Unconnected With Your Booked Travel Arrangements

If you, or any member of your party, suffer death, illness or injury whilst overseas arising out of an activity which does not form part of your package travel arrangements or an excursion arranged through us, we shall at our discretion, offer advice, guidance and assistance.  Where legal action is contemplated and you want our assistance, you must obtain our written consent prior to the commencement of proceedings.  Our consent will be given subject to your undertaking to assign any costs, and benefits received under any relevant insurance policy to ourselves.  We limit the cost of our assistance to you or any member of your party to £5,000.

13. Conditions of Carriage

The Contractual terms of the companies that provide the transportation for your travel arrangements will apply to this contract.  These may contain terms which affect your rights to compensation.  You may ask for copies of the relevant conditions of carriage from our offices. Our brochure and website are our responsibility, as your tour operator.   It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.  Please note that in accordance with Air Navigation Orders in order to qualify for infant status, a child must be under 2 years of age on the date of its return flight.

14. Data Protection

Data held by us related to your booking is stored on a secure server. The data is used only to arrange your holiday and only relevant data is shared with our suppliers so they can provide the services booked. Otherwise, no data is shared with or sold to any third party for marketing or other purposes. Occasionally we may send you updates on our product and services by email or post where you have provided express consent. Where such consent has been provided it can be withdrawn by you at any time by contacting us directly via enquiries@powderbyrne.com or by clicking the unsubscribe button on our promotional and newsletter emails.

15. Accuracy

We publish the brochure and website information many months in advance and, as far as we know, all information is correct at the time of publication. However, things may still change after publication and we check regularly to see if we need to update or correct any information or prices. If there are any significant information changes or we find any mistakes, we will put details on our website so you will receive the latest information when you make your booking. Descriptions of accommodation, facilities and services we provide are based on information obtained from our suppliers. Sometimes the facilities described will be withdrawn for reasons such as maintenance, bad weather, or lack of demand from guests. When our suppliers advise us about significant changes to descriptions or about the withdrawal of any significant facility, we will tell you as soon as possible. Some activities or facilities, water sports for example, may not be available all year round. There may be a charge for some facilities. Any transfer times we quote for travel between the airport and the resort are approximate and, depending on circumstances, the journey time to your own chosen property may be longer.

16. Seamless & Secure Payments

When we make a booking to any to a fully staffed resort, you will be required to submit a valid credit or debit card to be set against your account at the time of booking for the duration of your holiday. This shall be submitted through the PCI DSS compliant Powder Byrne Seamless & Secure and Stripe Payments Europe, Ltd ( https://seamlessandsecure.powderbyrne.com/).

Any balances, additional holiday charges, such as additional private ski instruction, shopping services, Swiss Cook orders or client experiences made in the resort and are made on your behalf will be invoiced to you against a card held on account automatically. At any time, you may request to amend,  change or remove card details held on your holiday account by emailing concierge@powderbyrne.com, however, there must be a valid card held at all times whilst you are on your holiday unless otherwise agreed. You will be responsible for any Non-EU Member cards and Company card fees and transaction charges associated with your card. All invoices will be invoiced in GBP.

Full information on our secure and PCI DSS compliant payment gateway partner Stripe European Payments, Ltd can be viewed at https://stripe.com/gb/privacy.

[END]