The world of travel is changing and at Powder Byrne we understand that our clients are looking for more flexibility when booking their holidays.
Our new Book with Confidence terms and conditions offer you more control to make final decisions on your holiday and additional financial surety, should you wish to postpone your holiday, right up until the point you pay your final balance.
Where you have booked a holiday with Powder Byrne ‘Book with Confidence’ then the following booking terms and conditions shall apply.
YOUR CONTRACT IS WITH PB INTERNATIONAL TRAVEL LIMITED
Please read the following Book with Confidence booking conditions carefully as they set out the terms and conditions of the contract between you and PB International Travel Limited (“Powder Byrne”, “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. If you live in Northern Ireland or Scotland, the courts of Northern Ireland or Scotland (as appropriate) can deal with any disputes. 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. Section A below details the booking conditions which apply particularly to such a booking. Powder Byrne reserves the right to update and amend these booking conditions, within reason, at all times.
These terms and conditions of booking may only apply to bookings may after 1st October 2020.
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. A contract will exist as soon as you make payment of your holiday deposit. This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts. 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 8 weeks of travel or to any non-refundable flight arrangements booked for you by us as in Clause 8. Nor does it apply 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.
Your Financial Protection
When you buy an ATOL protected flight inclusive holiday from Powder Byrne you will receive an ATOL Certificate. This lists the flight, accommodation and other services that are financially protected, where you can get information on what this means for you and who to contact if things go wrong. You will also receive a Confirmation Invoice from us or via our authorised agent through which you booked confirming all your travel arrangements together with the amount of money paid by you to Powder Byrne. Our Air Travel Organiser’s Licence number is 2763.
In the unlikely event of Powder Byrne becoming insolvent, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking covered by ATOL financial protection. For further information visit the ATOL website at https://www.caa.co.uk
Powder Byrne is also 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.
Your Holiday Price
When you make your booking you must pay a minimum deposit of £1,000 per person and any other relevant fees, including airline tickets or non-package administrative charges.
If the deposit and any other fees or charges are not paid, the holiday arrangements will not be confirmed. The balance of the price of your travel arrangements must be paid at least 8 weeks before your departure date. Should a booking be made less than 8 weeks prior to departure, payment is due in full at the time of booking.
Your deposit will be held on your account up until the date of your final balance. If you subsequently wish to make a change to your holiday, for whatever reason, or wish to postpone to travel at a later date, you can make changes right up until the point you pay your final balance. If you make any changes or choose to postpone your holiday before your final balance is due, you will not forfeit your deposit and it will remain held with us.
If you wish to postpone your holiday you must confirm in writing and we will credit your account with the amount you have paid in your deposit (minus any elements such as administrative or cancellation fees, which may have stricter amendments, such as all airline tickets). Your credit is non-refundable and must be put toward a new booking for travel within 18 months of the original postponement date, otherwise, it will be forfeited.
Any changed or postponed holidays are subject to availability and will not reduce the amount you have already paid for your deposit, however, in some circumstances, we will require an additional deposit to be paid, including adding additional passengers and new flight arrangements. You must pay any additional deposit and any other fees or charges in order to confirm your postponed holiday.
If you postpone your holiday, your final balance of your travel arrangements must be paid at least 8 weeks before your postponed departure date.
If you do not pay your final balance or do not postpone your holiday by the date of your final balance, we shall cancel your holiday and you will forfeit your deposit. If you wish to cancel your booking at any time you will also forfeit your deposit.
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.
The price of your travel arrangements can be varied due to changes in 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 government imposed changes and currency changes in relation to an exchange rate variation. In the case 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. In either case there will be an administration charge of £5.00 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 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 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. 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.
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 Accident 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
Passports, Visa & Health Requirements
British subjects require a full British passport for visits to all destinations featured in this brochure. Passports must be valid for the dates of your stay and for some destinations for at least 6 months from the date of entry. Please see the relevant page in this Information Guide for details on each destination. At the time of going to print, visas are required for some of the destinations. Visa requirements vary by country and may change so you must check the up-to-date requirements prior to departure. If you or any member of your party does not hold a British passport, you must check the entry requirements with your embassy or consulate. Vaccinations and medications may be required when travelling to some of the destinations in this brochure and you should 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 gestation. For further information visit www.doh.gov.uk
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example, your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. 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 £100 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 £100 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.
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, 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.
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 UK 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 your inconvenience of arranging the refund and making subsequent alternative arrangements but otherwise we will have no liability to pay you compensation.
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
Amount you will receive from us
More than 56 days
More than 35 days
More than 21 days
More than 8 days
Less than 8 days
If we cancel your holiday
Amount you will receive from us
More than 56 days
More than 35 days
100% of holiday cost
More than 21 days
100% of holiday cost
More than 8 days
100% of holiday cost
Less than 8 days
100% of holiday cost + £50
If you cancel your holiday
Amount of cancellation charge
More than 56 days
More than 45 days
55% of the holiday cost
More than 28 days
75% of the holiday cost
More than 14 days
80% of the holiday cost
Less than 14 days
100% of holiday cost
*Timeframe refers to the period before departure within which notice of cancellation or major change is received by us or notified to you.
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 250 Upper Richmond Road, London SW15 6TG, 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.
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. Details on request or from www.abta.com.
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 (250 Upper Richmond Road, London SW15 6TG).
(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 commencement of proceedings. Our consent will be given subject to you undertaking to assign any costs, 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.
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.
Data held by Powder Byrne related to your booking is stored on a secure server. The data is used only for the purposes of arranging 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 email@example.com or by clicking the unsubscribe button on our promotional and newsletter emails.
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. Where 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 airport and resort are approximate and, depending on circumstances, the journey time to your own chosen property may be longer.
Seamless & Secure Payments
When we make a booking to any to a fully staffed Powder Byrne resort, you will be required to submit a valid credit or debit card to be set against your account 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 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 on your return from holiday. At any time, you may request to amend, change or remove card details held on your holiday account by emailing firstname.lastname@example.org, however, there must be a valid card held at all times whilst you are on your holiday, unless otherwise agreed. A card on account will not be charged without an invoice being shared with the client. You will be responsible for any Non-EU Member cards and Company card fees and transaction charges associated with your card. All Powder Byrne Holiday Extras 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 through this link.
Covid-19 (Coronavirus): Limitation of Liability
We both acknowledge the ongoing COVID-19 (Coronavirus) global crisis and accept our obligations to comply with any official guidance from governments or local authorities, both in the UK and whilst on holiday.
Please note that we will have no liability for any refunds, compensation, costs, expenses or other losses of any kind incurred by you (including, where applicable, the cost of medical treatment), in the following circumstances:
If you, or anyone in your booking party, test positive for Covid-19 and have to quarantine for a period of time, or are notified or otherwise become aware that you have, or suspect you may have, come into close contact with someone who has tested positive for Covid-19 (or where they otherwise suspect they may have Covid-19) and have to self-isolate for a period of time.
If this happens within 14 days of your departure date, you must contact us as you may no longer be able to travel. We will offer you the following options, only where possible and subject to availability:
* Postponing your holiday to a later date. We will notify you of any impact on the price the postponement may have (please note that you will have to pay full cancellation charges on elements of your holiday, such as the flight and accommodation, as well as any increase in cost imposed by any suppliers and any additional administrative fees);
* If not everyone on the booking is affected, you will have the right to transfer your place on the holiday to another person nominated by you, subject always to the requirement of clause 7 of these Terms and Conditions;
* Cancelling your holiday, in which case we will impose our standard cancellation charges as at the date of cancellation by you. You may be able to claim these costs back from your travel insurance.
If this happens whilst you are on your holiday, please notify us without delay and we will provide such reasonable assistance as we can in the circumstances. However, we will not be responsible for covering the cost of any curtailment of your holiday, missed transport arrangements, additional accommodation required, or other associated costs incurred by you. You must ensure you have travel insurance which covers these costs for you.
If you, or anyone in your booking party is notified that they must shield for a period of time. In this instance, normal cancellation charges will apply.
If you, or anyone in your booking party is required to quarantine on return from your holiday. In this instance, normal cancellation charges will apply.
If you fail any tests, checks or other measures imposed by ourselves, a supplier, airline, port or airport, border control authority or other government body or local authority or fail to submit for testing or assessment when requested to do so, and as such you are denied entry to board the flight, entry to the destination, access to the services or you are otherwise unable to proceed with the holiday, or that portion of the holiday.
You also acknowledge that the suppliers providing your holiday, including airlines, hotels and excursion providers, will need to comply with national and/or local guidance and requirements relating to Covid-19 and have implemented certain measures as a result. This will likely include specific requirements regarding personal protective equipment, such as use of face-masks by staff (and you may be required to wear a face-mask as well), social distancing, maximum number restrictions on the use of certain facilities, designated alternative entrance and exit routes, mandatory hand sanitisation, limited entertainment options and limited food/drink availability. We do not expect these measures to have significant impact on your enjoyment of the holiday and all measures will be taken with the purpose of securing your safety and those around you.
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