Booking conditions

In these conditions the word "Organiser" means Traveldev Limited trading as Ski McNeill, the entity which arranges your transport, accommodation etc. and which offers it as a holiday. "Consumer" means you, the person who buys or agrees to buy the holiday or any person on whose behalf you agree to purchase the holiday and who is listed on the booking record or any other person to whom you transfer a holiday you have bought.

1. The Contract

No contract shall arise until the Organiser has received the appropriate deposit or the full payment of the holiday and the Organiser has issued written confirmation of its acceptance to the Consumer. The terms of contract are contained solely in the Organiser’s confirmation, the Organiser’s web site or other descriptive material, any airline ticket issued and the itinerary issued by the Organiser.

The Organiser reserves the right to terminate the contract if the behaviour or conduct of a Consumer either prior to or during a holiday is likely to endanger the safety or well being of other Consumers in his company or that of the Consumer himself and the cancellation charges as provided for in Clause 3 of these booking conditions are payable by the consumer. Further, where, as a result of the Consumer’s actions or the actions of any other person who is listed on the booking record (excluding the Organiser) either or both of the following incidents occurs:

(a) there is a delay or diversion to the means of transportation the subject of this contract;

(b) the accommodation in which the Consumer is staying is damaged;

the Consumer hereby agrees to indemnify the Organiser against any claim (including legal costs) made against the Organiser in relation to the occurrence of such incidents.

2. Special Needs

It shall be the Consumer’s responsibility to disclose prior to booking to the Organiser any physical or mental condition of a member of his party that may be relevant. Consumers are required to complete and return the Organiser’s Special Needs Form detailing any special requirements that they may have as a consequence of any physical or mental condition. The Organiser reserves the right to decline to provide a holiday for a disabled person where in the Organiser’s opinion that holiday would be inconsistent with or inadequate to cater for the special needs of a disabled person.

3. Payment

The holiday must be paid for in full 10 weeks before the scheduled date of departure. If full payment has not been made by that date, the Organiser shall have the option to cancel the holiday. If the Organiser exercises that option or if the Consumer cancels the holiday (which cancellation must be notified in writing to the Organiser) the following cancellation charges are payable by the Consumer:

All cancellation charges apply to each person covered by a booking. Any insurance premium paid is not refundable.

If only part of the party wishes to cancel, this may mean that the accommodation booked will be under-occupied and result in the remainder of the party having to pay any applicable supplements to retain the booking. Cancellation of part of the party may make discounts (eg. group discount) inapplicable resulting in a higher holiday cost for the remainder of the party.

With the increasing availability of instant purchase air fares, some schedule airlines have restrictions on cancellation and changes. Such airfares are non-refundable. Should you need to cancel or amend your reservation, you will be liable for such charges which may occur which will be advised prior to cancellation. For all non schedule services the cancellation charges are outlined above in Clause 3 of our booking conditions. Please check with the Organiser prior to booking if you require clarification as to whether your flight is chartered or scheduled.

4. Substitution

Where the Consumer is prevented from proceeding with the holiday, he may transfer his booking, having first given the Organiser notice in writing of his intention to do so. The transferee of the Consumer must accept these Booking Conditions and comply with any other requirements of the Organiser applicable to the holiday before the transfer can be completed.

A Consumer who transfers a holiday booking shall be jointly and severally liable with the transferee to the Organiser for payment of any balance due in respect of the package and for the substitution fee as follows:

Insurance and tickets for scheduled flights are not transferable.

5. Alteration by the Consumer

If the Consumer wishes to alter a holiday that has been confirmed, the Organiser may facilitate that change at its discretion, if practicable. If the alteration is impracticable the original holiday arrangement shall continue to apply. If only some of the consumers booked request a practicable change, a price adjustment for all consumers on the same booking may be payable. If default is made by the Consumer in complying with foregoing requirements, the Organiser shall have the right to cancel the holiday in accordance with Clause 3 and the cancellation charges as provided for in Clause 3 are payable by the Consumer.

Where the consumer has been booked on a scheduled flight service and not on a normal Directski.com chartered aircraft, any changes will be subject to the terms and conditions of the particular airline.

Charges for alteration of holiday date or accommodation apply as follows:

6. Special Requests

Special requests (e.g. ground floor accommodation, adjacent rooms, etc.) shall be communicated by the Consumer in writing to the Organiser at the time of making the booking, The Organiser shall use reasonable endeavours to fulfil such requests. The granting of such requests is the sole responsibility of the property management. No guarantee is given to the consumer as to such special requests being fulfilled. No liability shall attach to the Organiser for failure to comply with a special request and such requests do not form part of the contract.

7. Alteration/Cancellation by the Organiser

Without prejudice to the consumer’s statutory rights:

(a) The Organiser reserves the right to alter, change, curtail or cancel a holiday.

(b) If as a consequence of "force majeure" (as hereinafter defined in subparagraph (f) of this clause), the Organiser is obliged to curtail, alter, extend or cancel a holiday, the consumer shall not be at liberty to maintain a claim for compensation or otherwise for any loss arising as a consequence of the said curtailment, alteration, extension or cancellation of the holiday. The organiser is not liable for any loss, damage, injury, claim or action arising out of such force majeure, or such curtailment, alteration, extension or cancellation of the holiday.

(c) The Organiser requires a specific minimum number of bookings to operate a specific programme of holidays. The Organiser’s obligation to provide that programme shall be contingent upon the Organiser receiving and maintaining that number of bookings. In the event that the Organiser does not receive the minimum number of bookings or having received such a minimum number, has that number reduced by reason of cancellation or transfers by Consumers or otherwise, the Organiser shall be entitled to cancel or curtail the relevant programme up to 4 weeks prior to the departure date and the Consumer shall not be entitled to make a claim for and the organiser shall not be liable for any loss, damage, injury or action arising as a consequence of cancellation or curtailment in these circumstances. The Organiser shall notify the Consumer in writing within 7 days of any cancellation or curtailment necessitated by the foregoing circumstances.

(d) If prior to the time of departure there is a cancellation, or a major change, such as a change of resort area, or a change of accommodation to a lower Ski McNeill rating, or an alteration of the departure time of more than 12 hours, the organiser shall, if practical, offer an alternative comparable holiday of at least similar standard or shall refund the consumer all monies paid. Unless within 7 days of issue of the offer of an alternative holiday it is accepted by the Consumer in writing, the Organiser shall assume that the Consumer has declined such offer and the Consumer shall only be entitled to return of the payment made.

(e) Where the Organiser makes a major change in the holiday as contemplated in subparagraph (d) of this clause the Consumer shall be entitled to receive compensation in accordance to the scale set out in this sub-paragraph. No compensation shall be payable where the alteration is for reasons referred to in sub-paragraph (b) or (c) of this clause.

(f) In this contract, the term "force majeure" means Acts of God, natural disasters, adverse weather conditions. fire or other destruction of any vessel, craft or vehicle to be used in connection with a holiday, riots, acts of war, civil commotion, exercise of legislative, municipal, military or other authority, strikes industrial action, requisition of equipment, mechanical breakdown, shortage of fuel, insolvency or default of any carrier or service supplier connected with a holiday, fraud perpetrated against the Organiser or any other reason beyond the control of the Organiser.

8. Flights, Flight Times & Transfers

We reserve the right to change airports, airlines or aircraft types at any time. Such changes will not be regarded as a significant change and you will not be entitled to cancel your holiday without paying the appropriate cancellation charge. Flight times provided at time of booking can be subject to alteration by the various Irish, UK and overseas airport scheduling committees or for other reasons. You will only be entitled to cancel your holiday without penalty or to receive compensation when the change to your flight times is 18 hours or more. Other changes, which for example may give a reduced time in resort, cannot be compensated.

Flight times shown on our website are for guidance only and are subject to change. Actual flight details will be shown on your flight tickets.

Seat-Only clients: Seat-only clients must reconfirm their return flight at least 24 hours prior to departure. Contact details are included in your travel documents.

Package Holiday Clients: Transfer to your chosen resort are by coach or mini-bus. Transfers to some resorts may entail a switch to a smaller feeder bus en route.

Carriage of Winter Sports Equipment: On charter flights, winter sports equipment may be carried subject to a fixed charge of £15 per snowboard or pair of skis.

This charge does not apply on scheduled flights, where the airline's own baggage allowance and conditions of carriage will apply. Additional charges for ski equipment may apply.

Should, for whatever reason, your skis/snowboards not arrive on your flight, they will be forwarded to you in your resort at no extra cost and the charge refunded.

9. Insurance

The Consumer’s attention is drawn to the exclusion clauses and excesses in the insurance policy arranged by the organiser. Furthermore:

(a) Package Holiday Clients: It is a condition of this contract that the Consumer be covered by either the insurance organised by Ski McNeill, Ski McNeill, or an alternative policy equal or better in each section than the Ski McNeill cover. It is the responsibility of the Consumer to check that the insurance scheme provides the Consumer with his desired level of cover. In so arranging insurance cover of the Consumer the Organiser is acting as the agent of the relevant insurer and shall not be responsible to the Consumer for any default by the insurer under that policy. All claims made against the insurance policy shall be made directly to the insurer. The Consumer shall be responsible for making any special or increased insurance arrangements which he deems necessary.

(b) Seat-Only clients: We strongly recommend that seat-only clients (ie. not booking accommodation with Ski McNeill or Ski McNeill) take out adequate travel insurance. It is a condition of this contract that the Organiser be released of all responsibility for any expenses incurred as a result of your declining or any member of your part declining to purchase adequate insurance.

10. Price Variation

All prices quoted are based on tariffs and exchange rates current and appropriate at the time of booking. If any of these vary the holiday price may increase or decrease accordingly. Any such increase/decrease shall be paid by or refunded to the Consumer, however no variations will be applied where their combined effects would result in an increase/decrease of less than 2% of the cost of the holiday. During the period of thirty days prior to the departure date, the price stated on the site shall not be increased or decreased by the Organiser.

11. Consumer’s Responsibilities

The Consumer shall check the travel documentation immediately it is furnished to him. If the Consumer considers any document is incorrect or has any query in relation to the contents he shall forthwith notify the Organiser of his concern and the Organiser shall respond as soon as possible.

The Consumer is solely responsible for ensuring that he presents himself at the port of departure in sufficient time prior to the designated departure time to complete embarkation requirements. If the Consumer arrives after the check-in time stipulated in the travel documentation provided to the Consumer, the Organiser shall not be obliged to carry the Consumer and shall be entitled to treat the holidays as cancelled by the Consumer.

The Consumer is restricted by regulation of carriers and executive authority with regard to weight, type and contents of baggage which he may take on board the craft and/or vehicles which will be used in connection with the holiday.

The Consumer hereby agrees that he shall abide by all instructions or directions given by a member of the Organiser’s staff or any crew member of a carriers craft or vehicle used in connection with the holiday and hereby agrees to indemnify the Organiser against any loss or injury suffered or incurred by any other person as a consequence of the Consumers failure to act in accordance with any such direction or instruction.

It is the sole responsibility of the Consumer to ensure that he is in possession of all travel documentation (ie. passports, visas where relevant) and that the same are in order. The Consumer hereby agrees to indemnify the Organiser for any costs incurred by the Organiser as a consequence of the Consumer failing to have their travel documentation or same not being in order.

12. Liability

The organiser shall not be liable for any damage caused to the Consumer by the failure to perform the contract or the improper performance of the contract where the failure or the improper performance is due neither to any fault of the Organiser nor to that of another supplier of services because:

(a) the failures which occur in the performance of the contract are attributable to the Consumer;

(b) such failures are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseen or unavoidable; or

(c) such failures are due to (i) unusual and unforeseeable circumstances beyond the control of the Organiser or other supplier of services, the consequences of which could not have been avoided even if all due care had been exercised; or (ii) an event which the Organiser or the supplier of the services, even with all due care, could not foresee or forestall.

In the case of damage other than death or personal injury or damage caused by defamation or by the wilful misconduct or gross negligence of the Organiser the amount of compensation which will be paid to the Consumer will be limited to, in the case of an adult an amount equal to double the inclusive price of the holiday payable to the organiser, to the adult concerned and in the case of a minor an amount equal to the inclusive price of the holiday payable to the organiser, to the minor concerned. The Organiser’s liability will not exceed any limitation applicable under any international convention governing or relating to the provision of the service complained of, even if that convention has not been ratified or applied in the Republic of Ireland.

For international transport by air the provisions of the Warsaw Convention 1929 (as amended) relating to the carriage of passengers and their luggage by air or EU Regulation on Air Carrier Liability for travel by air, may apply, throughout the flight and during boarding and disembarkation. Pursuant to these Conventions and the Regulation, the Organiser’s liability is limited or excluded for death, personal injury, loss of or damage to luggage, and special provision is made for valuables. A copy of the conditions of carriage applicable to the holiday and the Convention referred to above, can be supplied on request. In the event of any liability on the part of the Organiser for injury, illness or death, no payment will be made unless the following conditions are complied with:

(a) the Consumer must advise the Organiser in relation to the injury or illness while the Consumer is at the resort and must also write to the Organiser within three months of the completion of the holiday.

(b) the Consumer must transfer any rights that the Consumer has, in respect of such injury, illness or death against any person to the Organiser.

(c) the Consumer must co-operate fully with the Organiser to enable the Organiser or its insurers to enforce such rights.

13. Complaints

If the Consumer wishes to make a complaint in relation to a holiday, he must immediately inform the Organiser’s representative at the location where the consumer is when the complaint arises and shall, if the Organiser requires, complete a form setting out in detail the Consumer complaint. If the Consumer fails to comply with such requirement, the Organiser shall be entitled to recover the cost from the Consumer of any additional expense incurred by it in carrying out any subsequent investigation of a complaint which is found to be unjustified.

The Consumer shall be obliged to notify the Organiser in writing of any complaint within 28 days after his return to the port of departure or termination of the holiday whichever is the earlier.

14. Governing Law

The contract arising from any confirmed holiday booking is to be interpreted under and is subject to, the laws of the Republic of Ireland .

15. Financial Protection

The air holidays and flights shown which depart from the UK are ATOL protected by the Civil Aviation Authority. Our ATOL number is ATOL 5653.

The air holidays and flights shown which depart from the Republic of Ireland are protected by the Commission for Aviation Regulation. Our Irish Government Licence Number is TO172.

16. Statutory Rights

Your statutory rights are not affected.

Traveldev Limited t/a Ski McNeill. Government Licence Number TO172