Terms and Conditions
The following Terms and Conditions together with the General Information contained on our website form the basis of your contract with Eufest Limited (“we” and/or “us”) (Registered office: 4 Eagle Street, Leamington Spa, CV31 2AG, Company Registration number 06572729, ABTA membership number Y4860), trading as SerbSki.com, or the owners of the properties or other services featured on our website. Please read them carefully as they set out each party’s respective rights and obligations.
Where two or more people are included on the same booking, the person purchasing the booking shall be deemed to do so on the basis that he/she acts as Group Leader for all members of the party and accepts these booking conditions on behalf of each member of the party. It is the responsibility of the Group Leader to ensure that all the information on their itinerary is correct.
In accordance with the Package Travel, Package Holidays and Package Tours Regulations 1992, if you book a package holiday through us, once your booking has been confirmed (by the issue of our confirmation email) you will have a contract with us for that package holiday and we will accept responsibility for the package holiday in accordance with these Terms and Conditions as an “organiser”.
A “package holiday” is a combination of at least two out of:
(b) accommodation or
(c) other tourist services not ancillary to any transport or accommodation and forming a significant part of the arrangements, where the arrangements making up this combination are booked through us at the same time, at an inclusive price, and which last at least 24 hours or include overnight accommodation.
Please note that if you book arrangements which do not constitute a package holiday, and we have issued our confirmation in respect of those arrangements, any additional arrangements you subsequently book will be treated as a separate booking. The additional arrangements will not operate to convert your original booking into a package holiday even where had those additional arrangements been booked at the same time as the original arrangements a package holiday would have been booked.
If you do not book a package holiday through us, (for example your booking is for accommodation only), conditions 1-15 and 17-19 below will apply to your booking (but not clauses 16, 20-24). If you book a package holiday, all clauses except clause 11 will apply.
These Terms and Conditions only apply to holiday arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you in accordance with the terms set out below. All references in these Terms and Conditions to “holiday”, “accommodation”, “booking”, “contract”, “package”, “tour” or “arrangements” mean such holiday arrangements.
Once you have chosen the arrangements you wish to book please feel free to contact us by phone or email. Our staff will be delighted to answer any questions you may have and confirm the price and availability of those arrangements. PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO READ THESE TERMS AND CONDITIONS before making a booking. By asking us to confirm your booking we are entitled to assume that you have read, understood and agree to these Terms and Conditions. By making a booking with us, the party leader guarantees that he/she has the authority of all party members (and by their parent or guardian for all party members who are under 18 when the booking is made) to make the booking on the basis of these Terms and Conditions.
If you have any additional requirements (such as ski passes, ski and boot hire etc.) please let us know at the time of booking. If you do not advise us at the time of booking, it may not be possible for these to be provided if you request these at a later stage. Additionally, for certain holidays, price reductions on the accommodation element are only available if certain additional items such as ski passes are booked at the same time as the accommodation. Please also refer to the price details of the property in question.
In order to confirm your chosen arrangements, full payment must be made at the time of booking. Solely at our own discretion, we may agree to take payment in instalments to an agreed payment schedule. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we and/or the accommodation supplier reserve the right to treat your booking as cancelled by you. In this case the cancellation charges set out in clause 6 will be payable.
Payment can be made by any of the following methods. Visa, Mastercard, Visa Debit or Maestro. If you wish to pay by credit card or debit card, please give your card number, expiry date, issue number and full name as it appears on the card and the card billing address. Should you wish to pay by cheque, please also provide us (at the time of booking) with valid credit or debit card details. If we do not receive your cheque within 4 days of the booking being made we reserve the right to debit the card according to the payment conditions above. A charge of £10 will be payable by you if we have to present any dishonoured cheques to the bank.
Please note: We do not accept payment by cheque within 10 weeks of the date your arrangements are due to commence.
Once we have received your booking and all appropriate payments, we will subject to availability, confirm your agreements by issuing a confirmation email. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies in any document within seven days of our sending it out (or within 24 hours if your travel date is within 2 weeks).
The prices shown on our website are calculated on the basis of the prevailing costs and exchange rates at the time of publication. However, we must reserve the right to increase or decrease them at any time should the above factors change. Please ensure you have checked the price of any holiday you are interested in before making your booking. We reserve the right to make changes to and correct errors in advertised prices at any time before your arrangements are confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking.
3. Your contract
Please note: For all bookings made within 10 weeks of the date your arrangements are due to commence a contract shall come into existence between you and us once you have given us your booking details, we have confirmed your booking to you verbally or by email and you have authorised us to take payment (and we have done so) using your credit or debit card details.
For all bookings made more than 10 weeks before the date your arrangements are due to commence, a contract shall come into existence between you and once we have received your booking and all applicable payments and we have dispatched our confirmation invoice to the Group Leader.
We both agree that English Law (and no other) will apply to any contract you have with us and to any dispute, claim or other matter of any description which arises between us.
Please note: We may, at our discretion, verbally agree to hold a provisional reservation for you in respect of accommodation only - “an option”. An option does not bring into existence a contract. It may not be possible to hold options for peak dates. Please call to inform us if you wish to cancel an option. In any event an option will automatically expire 2 days from the date it is held by us if we have not received written or verbal confirmation of your booking and the deposit from you. We will not hold options if the date your chosen arrangements are due to commence is within 10 weeks of you requesting the option.
4. Website accuracy
We have done our best to ensure that all descriptions, information and prices contained on our website are correct and accurate in accordance with the latest information available at the time of publication. Regrettably however changes and errors do occur and we reserve the right to make changes and correct these errors. You should therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking.
Our prices are based on the prevailing Interbank rates at the time of publication, and are subject to change at any time. We will notify you of any changes (of which we are aware) when you make your booking.
The photographs, plans and descriptions featured may not always show the individual accommodation which we reserve for our clients - they are there to give a general impression. Apartment plans and descriptions are given as examples of what is available. They do not necessarily represent the exact accommodation which will be allocated to you on arrival as many apartments are individually built with slightly differing characteristics. The number of beds in each apartment will be correct, however room configuration and bed type might be subject to change, this includes mezzanine and duplex arrangements. There may be occasions, especially in low season, when facilities, may be withdrawn or reduced by the individual accommodation owners or resorts. Where we become aware of this and where we believe any withdrawal may have a significant effect on your arrangements, we will let you know of the withdrawal as soon as reasonably possible.
5. Booking alterations
Should you wish to make any changes to or cancel any part of your confirmed arrangements, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, an amendment fee of £25 per person/per booking will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by the accommodation supplier and/or any other suppliers concerned. It should be noted that once booked, any change to any arrangements you may have made (e.g. transfers, ski hire and ski passes etc.), could make you liable to pay 100% of the cost of those arrangements again for any change made.
Please note that refunds are not usually due on any unused arrangements such as equipment hire, ski passes and ski school. Where we are able to offer a refund from the supplier of the arrangements in question we will pass it on to you at our discretion minus an amendment fee of £25 to cover our administration costs.
Should you or any member of your party have to cancel their booking, the party leader should immediately inform us in writing. Your notice of cancellation will only be effective when it is received in writing by us at our offices. The following cancellation charges will be payable where you have booked a package holiday. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling excluding amendment charges. Amendment charges are not refundable in the event of the person(s) to whom they apply cancelling.
Period before scheduled departure date within which notification is received by us
Cancellation charge per person cancelling
More than 56 days
Departure date/no show
We will also be entitled to levy an administration charge in addition to these cancellation charges.
Depending on the reason for your cancellation, cancellation charges can normally be claimed back through your insurance policy.
Please note, charges apply if you cancel any part of your booking. Please see clause 5 above.
Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly.
7. Force majeure
Except where otherwise expressly stated in these Terms and Conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by, or you otherwise suffer any damage or loss as a result of, “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 war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
8. Special requests and medical problems
Please let us know any special requests you may have at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier or property owner concerned, we regret we cannot guarantee any request will be met. Failure to meet a special request will not constitute a breach of your contract. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met.
If you or any member of your party has any medical problem or disability which may affect your arrangements or has any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any change in the condition of the disability occurs. You must also promptly advise us if any medical condition or disability which may affect your holiday develops after your booking has been confirmed. If we or the supplier of the service in question reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking or the condition/disability develops after booking, cancel when we become aware of these details.
Travelling when pregnant: please not that some airlines/carriers do not permit women who will be 27 weeks pregnant or more on the date on the outward journey of travel. We cannot accept any liability in the event that you are refused travel due to this reason or any other connected with your pregnancy.
9. Passports, visas and health requirements
British citizens require a full ten year British passport valid for at least six months after the end date of the arrangements. If you or any member of your party is 16 or over and haven't yet got a passport, our recommendation is that you should apply for one at least 6 weeks before the date your arrangements are due to commence. The UK Passport Service has to confirm your identity before issuing your first passport and from October 2006 you will have to attend an interview in order to do this.
British citizens do not require a visa for Serbia at the time of going to press. This information is particularly subject to change at short notice and you must check the actual requirements for the places you are visiting in good time before departure. If you or any member of your party is not a British citizen or holds a non British passport, you must check passport and visa requirements with the Embassy or Consulate of the relevant country.
Information on health is contained in the Department of Health leaflet T7 (Health Advice for Travellers) available from your local Department of Health office and most Post Offices. For European holidays you should obtain an EHIC (European Health Insurance Card) prior to departure from the Department of Health (see leaflet T7 and the website www.dh.gov.uk).
For all travellers abroad there is a risk of stomach upset due to a change in climate and eating habits. Illness can and does occur in ski resorts and we suggest that you contact the resort’s doctor if you suffer any worrying illness during your stay. If you have any concerns before your holiday please consult your GP.
It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret that neither we nor the accommodation supplier concerned, nor any other suppliers, can accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
Current travel advice can be obtained from the Consular Department of the Foreign and Commonwealth Office. For up to date travel information please look at www.fco.gov.uk
10. Swimming pools
Please note, some of the swimming pools at the properties do not have depth markings and there may be no life guards on duty.
11. Liability for non-package bookings
You must take all necessary steps to safeguard your personal property. No liability is accepted by us in respect of damage to, or loss of, your personal property except where it results from our negligence or our employee’s negligence (providing they were at the time acting in the course of their employment with us).
We do not exclude or limit any liability for death or personal injury which arises as a result of our negligence or that of our employees whilst acting in the course of their employment.
12. Your liability to us
When you book with us, you accept full responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid by you to the accommodation / other supplier concerned. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions.
You undertake to behave with propriety and in such a manner as in no way to cause distress, damage, danger or injury to other clients, property, our employees and/or any third party.
The contract of any client in breach of this clause shall be terminated forthwith and we and the accommodation / other supplier concerned shall have no further contractual obligations to you. In this situation, the person(s) concerned will be required to leave the accommodation or other service. No refunds will be made and we and the accommodation / other supplier concerned will not pay any expenses or costs incurred as a result of the termination.
Some suppliers require you to pay a security deposit direct to the supplier on arrival at your accommodation. The security deposit will normally be used as payment towards the cost of any damage or loss caused by you or any member of your party. Please note that these security deposits form no part of your contract with us. We cannot accept any responsibility nor can we play any role in resolving any dispute you may have with a supplier regarding the security deposit. In the event of any such dispute you must resolve this directly with the supplier concerned. You are strongly advised to check the accommodation on arrival for any damage/missing items and bring this to the supplier's attention straight away.
13. Holiday feedback
We are always very interested in hearing your comments on your arrangements. Clients’ complaints, which fortunately are very rare, will be forwarded to the individual accommodation/other supplier concerned and dealt with according to their instructions. In the event of a complaint concerning any aspect of your arrangements, you should immediately report it to the SerbSki.com representative in the resort and/or the SerbSki.com office, as well as to the relevant accommodation/other supplier. If the matter cannot be resolved on the spot and you wish to take it up on your return, we must be notified in writing within 28 days of the date your arrangements ended.
14. Travel insurance
It is a condition that you and your party obtain suitable Wintersports Insurance, from a reputable provider at the time of booking, which must include at least the following:
- Emergency medical expenses including, amongst other costs mountain rescue, 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 negligence to the property in which you are staying
- May not exclude claims made by travelling companion (other than family)
- Travel and transfer delays and missed departure which must include amongst other costs additional costs incurred in the event of a delay beyond your or our control
- Activities in which you are likely to participate and in particular off-piste skiing with or without a guide (it is possible to ski off-piste inadvertently)
Note: There are of course other sections to a Wintersports Insurance policy such as baggage, legal expenses, ski equipment, personal accident and so on.
15. Conditions of Suppliers
Many of the services which make up your arrangements are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions (see clause 16(4)below).
16. Our Liability to you for package holidays
(1) We promise to make sure that the arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these Terms and Conditions, we will accept responsibility if, for example, you suffer death or personal injury, or your contracted holiday arrangements are not provided as promised or prove deficient, as a result of the failure of ourselves or our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted arrangements. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
(2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
- the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
- the act(s) and/or omission(s) of a third party not connected with the provision of your arrangements and which were unforeseeable or unavoidable or
- 'force majeure' as defined in clause 7 above
(3) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your accommodation/any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure/on our website and we have not agreed to arrange them and any excursion you purchase in resort. Please also see clause 18 “Excursions and activities”. In addition, regardless of any wording used by us on our website, or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract - and the laws and regulations of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the arrangements in question.
(5) As set out in these Terms and Conditions we limit the maximum amount we may have to pay you for any claims you may make against us.
Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £35 per person affected unless a lower limitation applies to your claim under this clause or clause 16(6) below. You must ensure that you have appropriate travel insurance to protect your personal belongings.
For all other claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 16 (6) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your arrangements.
(6) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question (for example, the Warsaw Convention as amended or unamended.
Please note: Where a carrier or hotel would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question. Copies of the applicable International Conventions and Regulations are available from us on request.
(7) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description:
(i) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or
(ii) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses.
(8) You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 12 above. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.
17. Services in resort
Local services such as resort shuttle buses are run by local companies which are unconnected with us or the accommodation/other suppliers we feature and as such we have no control over them. These do not form part of any contract you have with us and we have no liability whatsoever for these. Please also see clause 16 above and clause 18 below.
18. Excursions and activities
The information contained on our website is correct to the best of our knowledge at the time of being placed on our website. We may provide you with information (on our website and/or when you are on holiday) about activities and excursions which are available in the area you are visiting.
We have no involvement in any such activities or excursions which are neither run, supervised nor controlled in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 16 of our Terms and Conditions will not apply to them.
This is the case regardless of whether the activity or excursion is advertised or mentioned in our brochure, in resort, on our website or elsewhere. Your contract for any such activity or excursion will be with the supplier or operator of that activity or excursion. SerbSki.com has no liability for any such activity or excursion or for any act(s) or omission(s) of the supplier or operator or for any of its/their employees or agents or any other person(s) connected with the activity or excursion.
We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.
19. Protection of your money
As a member of International Passenger Protection Limited (IPP), Eufest Ltd (operating as Serbski.com) meets the requirements of the Package Travel, Package Holidays and Package Tours Regulations 1992. This provides security for UK customers and for their repatriation to the UK in the event of Eufest's or SerbSki.com’s insolvency.
Once the price of your chosen holiday has been confirmed at the time of booking, then subject to the correction of errors, we will only increase or decrease it in the following circumstances. Price increases or decreases after booking will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, if our costs increase or decrease as a result of transportation costs (e.g. fuel costs) or our costs increase or decrease as a result of any changes in the exchange rates which have been used to calculate the cost of your holiday.
Even in the above cases, only if the amount of the increase in our costs exceeds 2% of the total cost of your holiday (excluding insurance premiums and any amendment charges), will we levy a surcharge. Where a surcharge is payable, there will be an administration fee of £1 per person. If any surcharge is greater than 10% of the cost of your holiday (excluding insurance premiums and any amendment charges), you will be entitled to cancel your booking and receive a full refund of all monies you have paid to us (except for any amendment charges) or alternatively purchase another holiday from us as referred to in clause 22 “Changes and Cancellations by us”. 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 types of protection in place.
A refund will only be payable if the decrease in our costs exceeds 2% as set out above. Where a refund is due, we will pay you the full amount of the decrease in our costs.
You have 14 days from the issue date printed on the surcharge invoice to tell us if you want to cancel or purchase another holiday. If you do not tell us that you wish to do so within this period of time, we are entitled to assume that you will pay the surcharge. Any surcharge must be paid within 14 days of the issue date printed on the surcharge invoice.
We promise not to levy a surcharge within 30 days of the start of your holiday. No refunds will be paid during this period either.
21. Prevented from Travelling?
If any member of your party is prevented from travelling, that person may transfer their place to someone else (introduced by you) providing we are notified not less than two weeks before departure. Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with an amendment fee of £25 must be paid before the transfer can be affected. Please also see clause 5 above.
22. Changes and Cancellations by us
Occasionally, we have to make changes and correct errors and other details both before and after bookings have been confirmed and we may have to cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.
Most changes are minor. Occasionally, we have to make a “significant change”. “Significant changes” includes the following changes when made before departure;
(i) a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away,
(ii) a change of accommodation area for the whole or a major part of the time you are away,
(iii) a change of outward departure time or overall length of time you are away of twelve or more hours.
If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:-
(a) (for significant changes) accepting the changed arrangements or
(b) purchasing an alternative holiday from us, of a similar standard to that originally booked if available. We will offer you at least one alternative holiday of equivalent or higher standard for which you will not be asked to pay any more than the price of the original holiday. If this holiday is in fact cheaper than the original one, we will refund the price difference. If you do not wish to accept the holiday we specifically offer you, you may choose any of our other then available holidays. You must pay the applicable price of any such holiday. This will mean your paying more if it is more expensive or receiving a refund if it is cheaper.
(c) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.
Please note, the above options are not available where any change made is a minor one. If we have to make a significant change or cancel before departure, we will pay you the compensation set out below subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. No compensation will be payable if we cancel as a result of your failure to comply with any requirement of these Terms and Conditions entitling us to cancel (such as paying on time) or where any change is a minor one.
Period before departure a significant change is notified to you
Compensation per person (excluding infants)
more than 56 days
For children paying less than the adult price the compensation is reduced by the relevant proportion.
In all cases, our liability for significant changes and cancellations is limited to offering you the above mentioned options and, where applicable, compensation payments. We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation.
Post departure changes.
Where, after departure, a significant proportion of the services contracted for is or cannot be provided, you will have the choice of returning to your point of departure and receiving a pro rata refund of the cost of the remainder of your holiday, or accepting alternative arrangements. In addition, if appropriate, we will pay you compensation of an amount which is reasonable taking into account all the circumstances.
23. Safety standards
Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of the UK.
As a general rule, these requirements and standards will not be the same as the UK and may sometimes be lower.
If your flight to the resort is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline in circumstances which would entitle you to claim compensation or any other payment from the airline under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004, you must pursue the airline for the compensation or other payment due to you. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other subsequent arrangements.