TERMS AND CONDITIONS
All bookings accepted by The Adventure Creators are subject to the following terms and conditions. No variation shall be of any effect unless in writing and by the authority of The Adventure Creators.
1. Your Holiday Contract
Each contract shall have a lead name (the Client), whether a booking is for one or more persons. When booking a holiday, the Client pays an appropriate deposit or the full holiday cost on behalf of all members of the group. By so-doing, the Client is indicating their authority to accept these terms and conditions on behalf of the group.
The receipt of a deposit in respect to a holiday does not imply final acceptance of the booking. If a booking cannot be accepted for whatever reason, notification will be emailed to the Client and the deposit will be returned. The contract between the Client and The Adventure Creators is made when we email you confirmation of your booking.
The contract is governed by English Law, and the jurisdiction of the English Courts shall apply. If you had not seen these terms and conditions when you made your booking and you are not happy to proceed with the booking having seen them, please advise us immediately by email. 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 6 weeks of travel.
The deposit will be 25% of the total holiday price for the party if your party consists of 15 people or less. For groups of over 15 people we will require a deposit of 30% of the booking value.
Full payment, less any previously paid deposit, must reach The Adventure Creators not less than 6 weeks prior to the departure date for the booking. The Client is liable for full payment for all people for whom the original booking was made. The Client is also responsible for making payment for any additional people who are added to the booking.
If you make your booking less than 6 weeks from the holiday commencement date, the full holiday price will be payable. If within 48h of the request being made you do not pay a balance due, we reserve the right to cancel your holiday, retain your deposit and apply cancellation charges as set out below.
We accept payment by bank transfer in euros. The client is liable for any bank charges applied to the transaction by their own or our bank. We will advise you on the most cost-effective means to make the transfer.
3. If you Change or Cancel your Holiday.
The Adventure Creators will make every effort to comply with any booking amendments that are requested. Such requests must be made by email. If we can make the amendments requested an administration fee of £30 per booking may apply.
If you or any member of your party wish to cancel your booking you may transfer your place to somebody else. If you do this then an administration fee of £20 will apply. The person that you transfer your place to will become responsible for any outstanding balance payment for the booking.
Without our acknowledgement of the receipt of your cancellation email you should assume it has not been received and should contact us by telephone.
The following cancellation penalties will apply should you not find somebody to take your place. You should note that for bookings made through 3rd party websites these penalties will vary;
|No. of days before arrival||Cancellation charge|
|More than 42 days||Deposit|
|14 days or less||100%|
If the reason for cancellation is covered under the terms of your holiday insurance policy you may be able to reclaim these charges from your insurer.
4. If The Adventure Creators Change or Cancel your Holiday.
We reserve the right to cancel your holiday for reasons of safety or force majeure or other unforeseen circumstances outside of our control. Should this happen, wherever possible we will offer an alternative holiday based on the one booked. If we are not able to offer an alternative or you choose not to accept an alternative holiday that we propose, we are not obliged to give you a refund.
We reserve the right to cancel your holiday should payment of an outstanding balance not be forthcoming, despite reminders being given. In this case, any deposit payment received will not be refunded.
We reserve the right to cancel your holiday if the minimum number of people required for the particular holiday to go ahead is not reached. In this case we will refund any payments you have made to us at the headline exchange rate on the day the refund is made. We will not be responsible for any fluctuations in exchange rate.
If we cancel your booking we will not refund any money you have paid out for a travel insurance policy, flights, car hire or other holiday related items.
If we have to change the accommodation for your booking we will refund any difference in price if the alternative is of a lower value. You will be responsible for paying the difference if you choose to accept accommodation of a higher value.
In some cases we will pay compensation (see below).
We reserve the right to make minor changes to your booking at any time without prejudicing your booking contract with us.
Examples of minor changes include change of accommodation to another of the same or higher standard, changes of activities on a multi activity holiday to another activity of similar value or higher, changes to the order of activities and other elements in a multi activity holiday itinerary.
In exceptional circumstances we may need to make a major change to your booking such as changing the start date for your holiday by more than 12 hours or changing your accommodation to one of a lower rating. If you accept our offer of lower rated accommodation will refund you the difference in price. If you are unable to accept the changes you may cancel your holiday and we will refund you in full. In some cases we will also pay compensation.
If we cancel your holiday or make a major change we will pay compensation as detailed below except where the major change or cancellation arises due to reasons of force majeure. Compensation does not apply to minor changes or cancellation of individual activities during a multi activity holiday (see clause 7). The compensation that we offer does not exclude you from claiming more if you are entitled to do so by law.
|Period before departure in which we notify you||Amount you will receive from us|
|More than 29 days||£0|
|More than 15 days||£20|
|More than 1 day||£50|
|Less than one day||£80|
Compensation will not be paid if we have to cancel your holiday or make a major change due to unusual or unforeseeable circumstances which are outside of our control. These may include but are not restricted to war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, lack of snow, level of water in rivers, epidemics and pandemics or unavoidable technical problems with transport.
5. Cancelling or altering activities during multi activity holiday
Activities that you have booked on your multi activity holiday cannot be changed after your holiday has started. If you wish to cancel an activity, you will not be entitled to any refund or compensation.
6. Cancellation or changes to activities by The Adventure Creators
If you have booked snow-based activities, we advise you to purchase a snow guarantee in your travel insurance as we do not offer a snow guarantee. This means that if snow-based activities have to be cancelled due to lack of snow or closure of lifts we will not give you a refund or compensation for expenses you have incurred. If lack of snow prevents activities booked from taking place we will make every effort to provide alternative activities for you.
For alterations to routes and itineraries, eg cycling or walking routes, or to the order of activities on your itinerary, no refund or compensation will be made.
Maintenance or operational reasons means where routine or emergency maintenance or repair work prevents an activity from taking place. For example footpath restoration may prohibit mountain bikers and walkers from using a particular path.
Inappropriate climatic conditions means that the prevailing weather makes the activity dangerous or impossible. For example, paragliding is only possible in calm conditions, canyoning is not possible if water levels are too high and rafting is not possible if river levels are very low.
We may cancel an activity for health and safety reasons if we deem you are acting irresponsibly or dangerously, or you do not have the required level or ability to do the activity and you pose a risk to the health or safety of other members of the group or to yourself. No compensation will be payable and no other claim for compensation or expenses will be accepted under these circumstances.
It is a condition of your booking that you have appropriate travel insurance for the activities you will be doing on holiday. You must ensure that your insurance includes cover for Personal Liability which is required by accommodation providers in France. In some circumstances we may need to see a copy of your insurance cover.
In the event of personal injury, death, illness, loss of baggage or personal possessions The Adventure Creators cannot accept any responsibility. In addition to appropriate insurance we strongly advise you to obtain a EHIC card (European Health Insurance Card) available from Post Offices to facilitate speedy medical care in the event of injury or illness.
8. Passports, visas and health requirements.
It is the Client’s responsibility to ensure that valid travel documentation is provided for everybody named on the booking. The Adventure Creators cannot be responsible for failure of either EU or non-EU passport holders to obtain the appropriate documentation for travel to France.
The Adventure Creators cannot be held responsible if anybody named in the booking is refused entry to France by customs and border control. Neither can The Adventure Creators be held responsible for the failure of anybody named on the booking to comply with any health entry requirements.
Any issue that you may have whilst on holiday must be reported to us immediately and we must be given the opportunity to resolve the problem. If we cannot resolve your complaint to our mutual satisfaction you must inform us in writing not more than 7 days after your return from holiday, giving us all relevant information.
10. Conditions of Suppliers.
The Adventure Creators is acting as a commercial agent for the suppliers of many of the accommodation, activity and transport elements of your holiday. These suppliers may provide their services in accordance with their own terms and conditions which will be communicated to you if applicable. The web site is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit any independent organisations/ suppliers/ carriers whose services are featured in it.
If we have booked accommodation, activities and transport for you, they have been booked for your sole use and no sub-letting, sharing or assignment is permitted.
All of our accommodation and activity providers have been selected with reasonable skill and care. We will therefore have no liability to you for anything that happens at the accommodation or during the activity or due to any acts or omissions by the provider except in cases where it is proved that we have breached that duty of care and you have suffered damage as a result.
We also have no liability in the following situations:
i. where the accommodation or activity cannot be provided due to circumstances beyond our control
ii. where you suffer loss or damage that could not have been foreseen at the time of your booking, based on the information provided by you.
iii. where you incur any loss or damage that relates to any business activity.
iv. where any loss or damage relates to any services that is not part of our contract with you.
If for whatever reason we are found liable to you, the amount we have to pay you will not exceed three times the cost of your accommodation or activity. This limit does not apply to cases involving death or injury.
All accommodation gradings and classifications are those provided by the relevant organisations in France.
11. Travel and Transport.
We will have no liability for any delays or costs you may incur when using a third party travel provider such as airlines and ferries.
12. Rights to enjoyment of your holiday.
If you do not advise us of a medical condition or disability which prevents you from participating in your holiday, The Adventure Creators cannot be held responsible for any costs incurred by you if we are obliged to cancel your holiday as a result. No refund of your booking will be made.
The Adventure Creators reserve the right to cancel your booking or to bar a person from a holiday in the event of conduct which in our reasonable opinion is likely to cause distress, damage or annoyance to guests, employees, property or to any third party.
13. Damage and behaviour by the client.
The Client accepts responsibility for the proper conduct of all members of their party during their holiday. We reserve the right to terminate the stay of any party member(s) whose behaviour is such, in the reasonable opinion of the accommodation or activity provider or us, as to cause or to be likely to cause danger, upset or distress to anyone else or damage to property or equipment.
Full cancellation charges will then apply and no refund will be given. Furthermore, we shall be under no obligation whatsoever to pay compensation or refund any costs or expenses (including but not limited to alternative accommodation) you may incur as a result of your stay being terminated.
If you cause damage to the accommodation or to any equipment you are using during an activity, you must pay for that damage before the end of your stay or at the otherwise earliest opportunity if requested to do so by the provider.
You will also indemnify us for the full amount of any claim (including all legal costs) made against us by the accommodation provider or any third party as a result of such damage. You undertake to behave in a reasonable manner and in accordance with local law so as not to disturb or disrupt the enjoyment of other holiday makers or in any way damage the reputation of The Adventure Creators, the owners of accommodation or The Adventure Creators’ suppliers.
In some accommodations, you will be asked to pay a security deposit, payable directly to the owner or agent managing the property on your arrival. This will be refunded after an inspection of the property at the end of your stay.
14. Parental responsibility.
Parents or guardians or adults acting ‘in loco parentis’ accept full responsibility for children and minors in their charge and will ensure they are correctly supervised at all times.
Once your holiday has been booked and if it includes transport elements, we reserve the right to levy a surcharge in the event of UK, French or EU government action which results in an increase of more than 2% in transportation costs such as fuel, dues, toll fees or taxes. However there will be no change within 30 days of your departure.
The information contained on our website is accurate to the best of our knowledge. However, photos are non-contractual. Plans, and piste maps should only be used as an indication.
17. The Adventure Creators liability.
1) The tour arrangements that we have agreed to make, perform or provide through our contract with the Client will be carried out with reasonable skill and care. 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 or cost resulting from any of the following:
– the act(s) and/or omission(s) of the person(s) affected or any third party not connected with the provision of your holiday
– an event which was unforeseeable or unavoidable
– ‘force majeure’ as defined above.
(3) We cannot accept responsibility for any services which do not form part of our contract. This includes any additional service or facility provided by your accommodation or any other supplier where this has not been arranged by The Adventure Creators
(4) Where the accommodation and activities that are provided by The Adventure Creators comply with French laws and local regulations, those will be deemed to have been properly provided and no claim will be accepted.
(5) Where we are found liable for loss of and/or damage to any luggage or personal possessions, the maximum amount we will pay you is £1,000 per person affected unless a lower figure applies under this clause. For all other claims which do not involve death or personal injury, if we are found liable to you for whatever reason, the maximum amount we will pay you is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected unless a lower figure applies to your claim.
(6) In some cases regarding travel and accommodation, international conventions will limit the amount of compensation payable against a claim.
Other than as set out above, we shall have no liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of any holiday arrangements booked with us.
18. Data Protection
We have measures in place to protect the personal booking information held by us. This information, which may include details of any disabilities or dietary/religious requirements, will only be passed on to the relevant suppliers of your holiday arrangements.
The information may also be provided to public authorities such as customs or immigration if required by them, or as required by law. Certain information may also be passed to security or credit checking companies. In making this booking you are consenting to this information being used in this way