TERMS AND CONDITIONS
These are the terms and conditions on which we supply our services to you. Please read these terms and conditions carefully before using our services; by using our services, you are deemed to have accepted these Terms.
In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if: You are an individual and we are supplying our services to you wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or proven negligent misrepresentation or proven negligent misstatement based on any statement in this agreement.
1. ABOUT US
1.1 We are Peak Retreats Limited, trading as Ski Collection, a company registered in England and Wales. Our company registration number is 4382873 and our registered office is at 2.4 Central Point, Kirpal Road, Portsmouth, Hampshire, PO3 6FH, United Kingdom.
1.2 We are a booking finding service. Our service provides you with impartial advice to provide you with the owner/operator of exclusive ski accommodation and, if required, the owner/operator of other elements of a ski holiday, which may include travel providers. All of your enquiries will be handled by our UK-based concierge team, who will search for suitable options dependant on your specific criteria, until a decision is made. Please note the www.skicollection.com is run independently from any other Peak Retreats website, which operate a completely different holiday booking model.
1.3 You can contact us by telephoning our team on +44 (0)23 9289 0960 or by writing to us at concierge@skicollection.com or at 2.4 Central Point, Kirpal Road, Portsmouth, Hampshire, PO3 6FH.
1.4 When we need to, we will contact you using the contact details you provide to us. This could be by telephone or in writing, which may include emails and other electronic messaging services.
2. OUR SERVICE TO YOU
2.1 We are a booking finding service. We provide you with impartial service to provide you with the owner/operator of exclusive ski accommodation and, if required, the owner/operator of other elements of a ski holiday, which may include travel providers. We do not enter into a contract with you for your booking, holiday or travel arrangements. We will simply provide the owner/operator of the accommodation and if required, the owner/operator for any other element of the options we have researched for you, which may include travel provision, with your contact details. You are then contacted directly by the owner/operator in order to complete the transaction. The owner/operator will be required to provide a booking form/contract to you, provide an invoice, and to take payment from you. The owner/operator will be in complete financial control of the reservation (which could include pre-arrival and in-resort concierge) and any further correspondence with you. However, we are happy to assist you, where we can.
2.2 If the owner/operator cannot accept your booking they will inform you via the email we provided to them. The reasons for this may include; the accommodation having become unavailable, which could not reasonably be planned for, a credit reference not meeting the minimum requirements or the owner/operator having identified an error.
2.3 We are based in the UK and these terms and conditions are governed under English law, any interaction between you and us is under English law.
3. ACCOMMODATION
The images of accommodation on our website are for illustrative purposes only and accommodation may vary from the images provided. Although we have made every effort to display accurate images, we cannot guarantee that the images accurately reflect the accommodation. For example, properties might reduce or remove their facilities due to; maintenance or bad weather, building work or some services/activities might not be available at the start or end of the holiday season.
4. INSURANCE
We strongly suggest that you take out the relevant travel insurance. Please note that Ski Collection is not a member of ABTA or ATOL.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the booking, please contact the owner/operator directly. They are responsible for the booking and will be able to make any necessary changes to the booking. We are on hand should you require any further assistance. For us to keep our records up to date, please copy us in on any changes requested with the owner/operator.
6. OWNERS/OPERATORS RIGHTS TO MAKE CHANGES
The owners/operators will have a right to make changes to your booking subject to the contract you receive from them.
7. AFTER OUR INITIAL FINDING SERVICE
7.1 We will supply our initial booking finding services to you until the owner/operator contacts you and takes control of the booking. Thereafter your booking will be dealth with by the owner/operator. If our intervention is required then please do get in contact with us and we will continue to assist where necessary. We will remain in regular contact throughout the booking process, before you depart and after your holiday in order to ensure everything goes smoothly.
7.2 We are not responsible for delays or cancellations including those outside our control such as Force Majeure as defined as circumstances amounting to; acts of God including but not limited to; earthquake, fire, flood, national disaster, natural disaster, avalanche, volcano eruption, famine, terrorism, national crisis.
7.3 In order to pass the correct information to the owner/operator, we may need certain information from you including but not limited to: your full name, full names of any other guests, date of births, passport information, full addresses, every guest’s nationality, email addresses; (in some cases both work and personal addresses), telephone numbers; (mobile, office and personal), any dietary requirements and any special requests that may be relevant. We will contact you in writing to ask for this information. We will not be responsible for the late supply of the booking details to the owner/operator or for any omissions if you do not give us this information within a reasonable time frame from when we ask for it, or if you give us incomplete or incorrect information.
7.4 The owner/operator will contact you in advance to tell you if they are cancelling the booking, unless the problem is urgent or an emergency.
7.5 The owner/operator may also cancel the booking(s) if you do not pay. If you do not pay for the booking(s) according to your agreement with them, the owner/operator may cancel the booking. The owner/operator will contact you to tell you they are cancelling the booking(s). As well as cancelling the booking(s) the owner/operator can also charge you interest on your overdue payments and seek to legal action against you subject to owner/operator contract conditions.
8. YOUR RIGHTS TO END YOUR CONTRACT WITH THE OWNER/OPERATOR
The owner/operator booking form/contract will determine your rights to cancel/end the contract with them. Please ensure you understand what charges you will have to pay if you cancel your booking or remove someone from it with the operator/owner before you book.
9. IF THERE IS A PROBLEM
Please contact us if you have any questions or complaints about our service. You can telephone our concierge team on +44 (0)23 9289 0960 or by writing to us at concierge@skicollection.com or at 2.4 Central Point, Kirpal Road, Portsmouth, Hampshire, PO3 6FH.
10. PRICES AND PAYMENT
10.1 We take all reasonable care to ensure that the prices we present on our website are correct, but at times, errors may occur and the prices may fluctuate at operator’s discretion. The price of the booking will be subject to a final confirmation at the time of booking with the owner/operator.
10.2 If you are a business customer you must pay all amounts due to owner/operator under these terms in full without any set-off, counterclaim, deduction or withholding (other than as required by law).
10.3 If you pay late, the owner/operator may charge interest or cancel your booking, please see their contract with you for details.
10.4 If you think an invoice is incorrect, please contact us and the owner/operator immediately.
10.5 Additional local charges may be made by the owner/operator for certain facilities/activities for example, laundry services, taxes, ski lift passes, equipment hire, etc. These will be separate costs payable directly to the owner/operator as per their contract with you. Your contract with the owner/operator will list what is included.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE
11.1 We are not liable for damage to your property and possessions whilst at any of the accommodation that we find for you through our booking finding service. We highly recommend that you take out sufficient insurance for personal injury, personal property, possessions, as well as, flight and holiday cancellation.
11.2 We are not liable for business losses. If you are a consumer, we only supply the bookings for domestic and private use. If you are a business our liability to you will be limited as set out in Clause 12 below.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
12.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our proven negligence, or the proven negligence of our employees, agents or subcontractors (as applicable);
(b) proven fraud or proven fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
12.2 Except to the extent expressly stated in Clause 12.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
12.3 Subject to Clause 12.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss including but not limited to loss of profit, or any indirect or consequential loss arising under or in connection with any relationship between us.
13. USE OF YOUR PERSONAL INFORMATION
We will use the personal information you provide us with:
(a) to supply your contact details to the owner/operator;
(b) to give you information about similar holiday accommodation and owner/operator Services, but you may stop receiving this at any time by contacting us.
Please see our Privacy Policy for details.
14. OTHER IMPORTANT TERMS
14.1 When you travel by air or by sea, your journey may be subject to certain international conventions such as the Warsaw Convention, Montreal Convention or Athens Convention. You agree that the owner/operator’s own ‘Conditions of Carriage’ will apply to you on that journey. When facilitating this transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of these terms and conditions form part of your contract with the owner/operator. You can ask the owner/operator to provide you with a copy of any of the conditions applicable to your journey.
14.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation including but not limited to the owner/operator of the accommodation.
14.3 You need our consent to transfer your rights and this agreement to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. We may require the person to whom your rights or your obligations under these Terms is transferred to provide reasonable evidence that they are now a party to this agreement.
14.4 Except as including in these terms and conditions, nobody else has any rights under this agreement. This agreement is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in Clause 14.2 and 14.3.
14.5 If a court finds any part of this agreement illegal, the rest will continue in force. Each of the Clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Clauses will remain in full force and effect.
14.6 Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
15. JURISDICTION
15.1 These terms are governed by English law and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim.
15.2 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. You can submit a complaint to CEDR https://www.cedr.com/about_us/. If you or we are not satisfied with the outcome you or we can still bring legal proceedings.
15.3 If you are a business, any dispute or claim arising out of or in connection with this subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim.
16. MODERN SLAVERY STATEMENT
Ski Collection is committed to the principles of the Modern Slavery Act 2015 and the abolition of modern slavery and human trafficking. We are committed to creating and ensuring a non-discriminatory and respectful working environment for our team. We do not knowingly enter into business with any organisation, in the UK or abroad, which knowingly supports or is found to be involved in slavery, servitude and forced or compulsory labour. Ski Collection is committed to trading relationships which are both commercially viable and ethical.
