Updated 09/07/2024
BOOKING TERMS & CONDITIONS
Click to download a PDF of the Kaluma Booking Terms and Conditions 2024/25 and onwards
The following booking conditions form the basis of your contract with Kaluma Travel Limited,
Cedar Court, 5 College Street, Petersfield, Hampshire, GU31 4AE, company number 04783110.
Please read them carefully as they set out our respective rights and obligations.
By asking us to confirm your booking, we are entitled to assume that you have had the
opportunity to read and understand all booking conditions and agree to them.
In these booking conditions:
• “principal” is the other party to your contract. For hotel bookings the principal will be the
hotel, for independent chalet bookings the chalet owner will be the principal, Kaluma Travel
will be the principal for other chalet bookings.
• “agent” means someone who sells or offers for sale arrangements to be provided by the
principal.
• “party leader” means the first person named on the booking. The party leader must be at
least 18 when the booking is made and is responsible for making all payments due.
• “holiday”, “booking” or “arrangements” mean such holiday arrangements.
• “you” and “your” means all persons named on the booking (including the party leader and
anyone who is added or substituted at a later date) or any of them as the context requires.
• “Kaluma Travel”, “we”, “us” and “our” means Kaluma Travel Limited.
• “departure” means the start date of the arrangements which have been contracted.
Section A of these booking conditions applies to all holiday arrangements which you book with
or through us in the UK (including where we act as principal) and which we agree to book,
make, provide or perform as applicable.
Section B of these booking conditions only applies to chalet bookings where we act as
principal. In the event of any conflict or difference between Sections A and B, the relevant
provision(s) of Section B will apply.
Where we are acting as agent for the hotel or independent chalet (the principal) your contract
for the arrangements you have booked will be with them and their booking conditions will apply
to that booking including in relation to cancellation charges, payment terms, force majeure,
damage, security deposits, liabilities and insurances. Your contract for the holiday
arrangements will not be with Kaluma Travel except as stated in Section B below. You will know
that we are acting as agent or principal because we will confirm this to you prior to your
booking being confirmed and your documentation will clearly confirm this.
Please note, none of the holiday arrangements we facilitate or offer, constitute a “package” and
accordingly, the Package Travel and Linked Travel Arrangements Regulations 2018 do not
apply to them.
SECTION A – ALL BOOKINGS
1. MAKING YOUR BOOKING
The party leader must be authorised to make the booking on the basis of these booking
conditions, and the conditions of the principal, by all persons named on the booking and by
their parent or guardian for all party members who are under 18 when the booking is made. By
making a booking, the party leader confirms that he/she is so authorised.
To find out about availability or to discuss your requirements in greater detail please contact
our UK Head Office on +44(0)1730 260 263 or email enquiries@kalumatravel.co.uk. We will
then check availability of your preferred chalet / hotel and provide you with a detailed and
bespoke costing. Once you have received this, if you request it, we will hold the option for you
for 24 hours (at the UK Head Office team’s discretion).
If you wish to proceed with a booking we will send you an invoice and a booking form, which
you must complete and return to us together with your deposit within five working days. If we
do not receive the completed booking form and deposit within five working days we will treat
your booking as not confirmed. Should you have problems confirming within the time
stipulated please contact our Head Office and they may extend this for you, subject to
availability.
Subject to the availability of your chosen arrangements and receipt of the payments referred to
in clause 2, we will confirm your booking on behalf of the principal by issuing a booking
confirmation. This document will be sent to the party leader (or your travel agent) by e mail or
post. Any other electronic acknowledgement of your booking is not a confirmation of it. Please
check the confirmation and invoice carefully as soon as you receive it. Contact us immediately
if any information which appears on the confirmation, invoice or any other document appears
to be incorrect or incomplete as it may not be possible to make changes later. Where changes
can be made, you will be responsible for any charges applied by suppliers or otherwise
incurred as a result.
Please take the time to read the principal’s refunds policy and terms and conditions. The
principal’s booking conditions set out the terms of your contract including their obligations to
you.
If you wish to, you may contact us by e-mail for any of the reasons mentioned in these booking
conditions (for example, to request an amendment) providing you do so to
enquiries@kalumatravel.co.uk. Any authorised travel agent of ours through whom you make a
booking will relay information from you to us and vice versa. For the purposes of compliance
with time limits or limitation periods as set out or referred to in these booking conditions,
receipt by such an authorised travel agent of messages, requests or complaints intended for us
will be treated as receipt by us. However, we are not responsible for any advice given to you by
your travel agent that did not originate from us.
2. PAYMENT
In order to confirm your chosen arrangements, the applicable deposit must be paid at the time
of booking. In some cases, if you book within a certain number of weeks of departure you may
have to pay the full cost at the time of the booking. Deposits required are usually a maximum of
30% of the total amount of the booking, subject to the principal’s individual requirements.
The balance of the booking cost must be received by us by the date stated on your booking
confirmation. If we do not receive all payments due in full and on time, the principal is entitled
to assume that you wish to cancel your booking. In this case, the principal will be entitled to
keep all deposits paid at that date. If the booking is not cancelled straight away because you
have promised to make payment, you must pay the cancellation charges as set out by the
principal.
Kaluma Ski will confirm receipt of your payments. By making the payment and by confirming
receipt you have entered into a contract with Kaluma Travel. Payment of the invoice confirms
that all Terms and Conditions relating to your booking are confirmed, accepted and
understood.
3. YOUR CONTRACT
A legally binding contract between you and the principal of your confirmed arrangements
comes into existence when a confirmation invoice is issued to the party leader.
Your contract(s) with the principal will be subject to the law referred to in the principal’s booking
conditions. Any dispute, claim or other matter which arises between you and any principal
must also be dealt with in accordance with those booking conditions.
For chalet bookings where Kaluma Travel is the principal see Section B.
Where we act as agent our relationship is governed by English law and this will apply to any
dispute, claim or other matter of any description which arises between us (“claim”.). We both
also agree that any claim must be dealt with by the Courts of England and Wales only unless,
in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case,
proceedings must either be brought in the Courts of your home country or those of England
and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have
your claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so
choose, English law will apply).
4. THE COST OF ARRANGEMENTS
The majority of the holiday arrangements we facilitate are bespoke and may include unique
travel requests or additional extras for the holiday, so actual pricing is done on an individual
basis. The price will be confirmed before you complete the booking.
The principal reserves the right to increase or decrease and to correct errors in both
advertised and confirmed prices at any time before your holiday is confirmed. We will advise
you of any error of which we are then aware and of the then applicable price at the time of
booking.
The principal of your booking has the right to increase the cost of your holiday and pass on
other charges to you subject to the principal’s booking conditions.
5. MEDICAL CONDITIONS/DISABILITIES/REDUCED MOBILITY AND SPECIAL REQUESTS
The arrangements we offer may not be suitable for people with certain disabilities, medical
conditions or significantly reduced mobility. On request, we can advise you as to whether your
proposed holiday arrangements are generally suitable for someone with reduced mobility.
However, reduced mobility of course means different things to different individuals as we fully
appreciate that individual capabilities, restrictions and requirements are likely to vary
considerably. When we refer to reduced mobility, this means any material reduction in mobility
whether this is permanent or temporary and whether caused by age or by physical or mental
disability or impairment or other cause of disability.
Should you suffer from any medical condition including any significant allergy, disability or
significant reduction in mobility which may affect your holiday (including any which affect the
booking process) or have any special requirements as a result, 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 material change in your condition, disability or
mobility occurs. You must also promptly advise us if any medical condition, disability or
reduced mobility which may affect your holiday develops after your booking has been
confirmed.
If you have any special request, you should advise us at the time of booking. Although we will
endeavour to pass any reasonable requests on to the relevant principal and/or supplier (where
applicable), we regret we cannot guarantee any request will be met. Failure to meet any special
request will not be a breach of contract on our part or on the part of the principal. Confirmation
that a special request has been noted or passed on to the principal and/or 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. Unless and until specifically confirmed, all special
requests are subject to availability. For your own protection, you should obtain confirmation in
writing that a special request will be complied with (where it is possible to give this) if it is
important to you. Any special request which we have accepted will be specifically confirmed as
accepted on your confirmation invoice.
We will advise the principal and/or our suppliers of any allergy information you provide us with.
However, you must take appropriate precautions to protect yourself whilst on holiday. Without
limitation, it is your responsibility to ensure that any food you are intending to consume does
not include anything to which you are allergic at the time you order or purchase this.
6. CHANGES BY YOU
Should you wish to make any changes to your confirmed booking, you must notify us in writing
as soon as possible. Whilst we will endeavour to assist, no guarantee can be given to meet any
such requests. Where they can be, an amendment fee, as notified at the time will usually be
payable together with any costs or charges incurred or imposed by the principal and any of the
suppliers. A change of booking dates will normally be treated as a cancellation of the original
booking and rebooking in which case cancellation charges will apply. Changes may result in
the recalculation of the booking cost where, for example, the basis on which the price of the
original booking was calculated has changed. Please refer to the principal’s booking
conditions.
You may be able to transfer your booking or your place on the booking to someone else
(introduced by you) without payment of cancellation charges providing the request for the
transfer is made in writing. Please refer to the principal’s booking conditions in this regard.
7. CANCELLATION BY YOU
You may cancel your confirmed booking at any time before departure. If you want to cancel
your booking after it has been confirmed, you must do so by email or by posting or hand
delivering written notice of cancellation to us. Your notice of cancellation will only be effective
when it is received in writing by us at our offices. If you do cancel, the applicable cancellation
charges will be those imposed by the principal of your confirmed arrangements. Please see the
principal’s own booking conditions or ask at the time of booking for further details. Please note
– amendment charges are not refundable in the event of the person(s) to whom they apply
cancelling.
Depending on the reason for cancellation, you may be able to reclaim these cancellation
charges (less any applicable excess) under the terms of your insurance policy. Claims must be
made directly to the insurance company concerned.
Where any cancellation reduces the number of full paying party members below the number on
which the price and/or any concessions agreed for your booking were based, the principal may
recalculate these terms and re-invoice you accordingly.
8. CHANGES AND CANCELLATION BY THE PRINCIPAL
Except as set out in Section B below, if there is a change to or cancellation ofyour
arrangements we will pass on the new details to you together with any compensation that the
principal of your affected arrangements may offer. As agent only for the principal we cannot
accept any liability for any changes or cancellations made to your booking.
9. FORCE MAJEURE
Except where otherwise expressly stated in these booking conditions, we regret neither we nor
the principal can accept liability or pay any compensation or expenses where the performance
or prompt performance of 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”. In these booking conditions, “force majeure” means any situation within our
reasonable contemplation, which is beyond our control, the consequences of which could not
have been avoided even if all reasonable measures had been taken. Such situations may
include, whether actual or threatened, riot, civil strife, terrorist activity, industrial dispute, natural
disaster, exceptional adverse weather conditions, fire and all events of a similar nature.
Force majeure includes the coronavirus pandemic and its impact such as travel restrictions and
the measures and other action being taken by governments, public authorities and businesses
to control and manage its effects (such as the implementation of social distancing).
10. LIABILITY
Please note, this clause 10 applies to all bookings made with or through Kaluma Travel except
those referred to in Section B below.
We act only as an agent for the principal of your confirmed arrangements. Your contract for
your confirmed arrangements is directly with the principal concerned. We accept no liability in
relation to the arrangements themselves or for the acts or omissions of the principal
concerned. The terms and conditions of the principal of your confirmed arrangements will
apply to your contract (copy available on request).
However, if we are found to have been at fault on any basis in relation to any service we
provide as agent for the principal concerned (as opposed to any service provided by the
principal), our maximum liability is limited to twice the cost of the booking in question. 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.
11. COMPLAINTS & PROBLEMS
In the unlikely event that you have any reason to complain or may have a basis for making a
claim in respect of any aspect of your holiday arrangements whilst away, you must follow the
principal’s complaints procedure.
Please note that if you fail to follow the principal’s complaints procedure, they are unlikely to be
in a position to properly investigate the matter and may have been deprived of the opportunity
to remedy it during your holiday. Your right to claim any compensation you may otherwise have
been entitled to may be affected or even lost as a result.
12. INSURANCE
Appropriate travel insurance is essential. The party leader is responsible for ensuring that each
member of your party has adequate travel insurance. Please read your policy details carefully
and take them with you on your holiday. It is your responsibility to ensure that the insurance
cover you purchase is suitable and adequate for your particular needs, including all winter
sports/ activities which you may wish to take part in.
13. DAMAGE
A damage deposit may be required by the principal as a precaution against any damage
sustained to the hotel or chalet during your stay.
When you book with or through us, you accept responsibility for any damage or loss caused by
you or any member of your party. Full payment for any such damage or loss (reasonably
estimated if not precisely known) must be made as soon as possible if not deducted from the
damage deposit or the deposit is insufficient to cover the damage or loss.
If the actual cost of the loss or damage exceeds the amount paid where estimated, you must
pay the difference once known. If the actual cost is less than the amount paid, the difference
will be refunded. You will also be responsible for meeting any claims subsequently made
against us and all costs incurred by us (including our own and the other party’s full legal costs)
as a result of your actions.
14. BEHAVIOUR
When you book with or through us, we will expect you to have consideration for other people.
No pets are allowed in the property without the prior written agreement of the principal.
Smoking is not permitted inside any property, outdoor smoking area are provided. Subletting,
sharing or allowing people other than those contracted to stay at the property is prohibited. If in
the reasonable opinion of the principal or in the reasonable opinion of any other person in
authority, you or any member of your party behaves in such a way as to cause or be likely to
cause danger, upset or distress to any third party or damage to property or breaks any other
condition of the booking, the principal will be entitled, without prior notice, to terminate the
booking of the person(s) concerned. In this situation, the person(s) concerned will be required
to leave their accommodation. No refunds will be made, and the principal will not pay any
expenses or costs incurred as a result of the termination.
15. CONDITIONS OF SUPPLIERS
The services which make up your booking are provided by independent suppliers to the
principal. 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. Copies of the relevant parts of these terms and conditions are available on request from
us or the supplier concerned.
16. EXCURSIONS, ACTIVITIES AND GENERAL AREA INFORMATION
We or the principal may provide you with information (before departure and/or when you are
away) about activities and excursions which are available in the area you are visiting. Neither
we, nor the principal, have any involvement in any such activities or excursions which are
neither run, supervised, controlled nor endorsed in any way by us or the principal. They are
provided by local operators or other third parties who are entirely independent of us and the
principal. They do not form any part of your contract with us even where we or the principal
suggest particular operators/other third parties and/or assist you in booking such activities or
excursions in any way. Neither we nor the principal can accept any liability on any basis in
relation to such activities or excursions. We do not however exclude liability for the negligence
of ourselves or our employees resulting in your death or personal injury.
Neither we nor the principal can guarantee accuracy at all times of information given in relation
to such activities or excursions or about the area you are visiting generally or that any particular
excursion or activity which does not form part of our contract will take place as these services
are not under our control. If you feel that any of the activities or excursions referred to in our
brochure, on our website and in our other advertising material which are not part of our
contract are vital to the enjoyment of your booking, write to us immediately and we will tell you
the latest known situation. If we become aware of any material alterations to area information
and/or such outside activities or excursions which can reasonably be expected to affect your
decision to book with us, we will pass on this information at the time of booking.
17. PASSPORTS, VISAS AND HEALTH REQUIREMENTS
It is your responsibility to meet all applicable entry and other requirements of your destination
country (ies) as well as those applicable on your return home. You must ensure that all your
travel documents (physical and electronic), including your passport, visas / visa waivers,
evidence of any other health related requirement and currency are in order, meet all applicable
requirements and are valid for travel. All costs incurred in meeting all requirements applicable
to your holiday must be paid by you. If you attempt to travel without fully complying with all
requirements, you are likely to be refused entry into your destination country. Neither we nor
the principal can accept any liability and cancellation charges will apply if you are refused entry
onto any transport or into any country, or decide not to travel, due to failure (or inability) on your
part to obtain and carry all required documentation or to otherwise comply with all applicable
requirements. For Section B bookings please see Section B clause 3.
British citizens require a passport valid for at least 3 months on the day after you leave when
visiting Austria or France. Your passport must also be less than 10 years old on the day after
you leave. Any extra months on your passport over 10 years may not count towards the
minimum period needed. Requirements may change and you must check the up to date
position in good time before departure. A full British passport can take up to 10 weeks to
obtain , sometimes longer. If you or any member of your party is 16 or over and haven’t yet got
or had a passport, even more time needs to be allowed as UK Passport Service has to confirm
your identity before issuing your first passport.
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 relevant embassy or consulate of
country(ies) to or through which you are intending to travel.
During 2024, the European Travel Information and Authorisation System (ETIAS) will become
effective. In order to travel to or within the Schengen Zone (which is currently 26 EU member
states), all non-EU passport holders will require an electronic travel authorisation unless you
need a visa. An ETIAS travel authorisation is a visa waiver and, once granted, is valid for 3
years or until your passport expires. It can only be applied for online and a fee will be payable
unless an exemption applies. An ETIAS travel authorisation will be required regardless of the
length of your visit. If you are unable to travel because you have not obtained an ETIAS travel
authorisation, cancellation charges will apply as set out by the principal. For more information,
see www.etiasvisa.com
Details of compulsory health requirements should be available from your GP surgery and for
British Citizens from the National Travel Health Network and Centre www.nathnac.org.
Information for British Citizens on health abroad is also available on
www.nhs.uk/Livewell/Travelhealth.
If you or any member of your party lives outside the UK, you must check what vaccinations,
health precautions and other health related measures are recommended or required in your
country of residence for travel to Austria or France and to any countries through which you may
transit or stop off.
18. UK, AUSTRIAN AND FRENCH GOVERNMENT ADVICE
The UK Foreign Commonwealth and Development Office publishes regularly updated travel
information on its website www.fco.gov.uk/knowbeforeyougo.
The Austrian Federal Ministry for European and International Affairs also publishes updated
information on its website (in English) www.bmeia.gv.at/en/.
The French Ministère de L’Europe et de Affaires Etrangeres also publishes updated travel
information on its website (in English) www.diplomatie.gouv.fr/en/coming-to-france.
You are recommended to consult any travel advice from your home countries Government
website before booking and in good time before your departure.
19. WEBSITE/ADVERTISING MATERIAL ACCURACY
The information contained on our website and in our other advertising material is believed
correct to the best of our knowledge at the time of printing or publication. However, errors may
occasionally occur, and information may subsequently change. You must therefore ensure you
check all details of your chosen arrangements (including the price) with us at the time of
booking.
20. ADDITIONAL SERVICES
For all bookings, whether or not we are the principal, we will be happy to arrange nannies on
request, subject to availability. Payment is to be made to the supplier.
Prices for lift passes for all resorts on request for the relevant winter season, prices are subject
to change with exchange rates, high and low season and at local suppliers’ discretion. Prices
for all other featured resorts are available on request from our team in our head office. Family
passes are also available in some resorts, contact our sales team for further details. Our in
resort managers will be happy to arrange your lift passes for you.
We will endeavour to find the best private instructors, or secure placement in a suitable ski
school for our guests. Each request will be treated individually. Prices vary between resorts and
ski schools and may change between high and low season. All prices are available on request
and are specific to resort and requirements. The payment terms of the provider will be made
clear at point of booking. Kaluma Travel reserve the right to add a 5% service/administrative
charge to any additional items and requests which fall outside of a typical booking. This may
include, but is not exclusive to, covering in resort bills not paid on departure, multiple transfers
for corporate travel and administering multiple changes, researching, and booking of 3rd party
supplied entertainment; live bands, external speakers, sommelier hosted wine tastings,
fireworks, private event photography, transport costs for collecting external items (vehicle
usage and staff time). This will be discussed and agreed with guests prior to any item or
service being purchased on your behalf. Furthermore, we reserve the right to charge a 3% pcm
surcharge for invoices not settled withing 30 days of departure from resort.
SECTION B – CHALET BOOKINGS WHERE WE ARE PRINCIPAL
The terms set out in both Section A and Section B apply to all bookings where we are the
principal except where otherwise expressly stated.
1. PAYMENT
In order to confirm your chalet booking, the applicable deposit (or full payment if booking
within 10 weeks of departure) must be paid at the time of booking.
Payment Schedule:
● Deposit of 30% of the total of the booking is due upon confirmation of the booking
● The final balance of the booking cost (70% of the total) must be received by us not less
than 8 weeks prior to departure.
If we do not receive all payments due in full and on time, we are entitled to assume that you
wish to cancel your booking. In this case, we will be entitled to keep all deposits paid at that
date. If we do not cancel straight away because you have promised to make payment, you
must pay the cancellation charges shown in Section B clause 3 depending on the date we
reasonably treat your booking as cancelled.
Deposit payments may be paid by card, cheque or bank transfer. Balance payments must be
paid by bank transfer.
Kaluma Ski will confirm receipt of your payments. By making the payment and by confirming
receipt you have entered into a contract with Kaluma Travel. Payment of the invoice confirms
that all Terms and Conditions relating to your booking are confirmed, accepted and
understood.
2. THE COST OF YOUR ARRANGEMENTS
All our chalet prices are quoted in euros or pound sterling on request (exchange based on that
days exchange rate). Please note, changes and errors occasionally occur. You must check the
price of your chosen chalet at the time of booking. We reserve the right to increase or decrease
prices of unsold chalets and to correct errors at any time.
Please note that all prices are per chalet and not per person, if you book a chalet and cannot fill
it the price remains the same.
Once the price of your chosen arrangements has been confirmed at the time of booking, we
will only increase or decrease the price in the following circumstances. Price increases after
booking will be passed on by way of a surcharge. A surcharge will be payable, subject to the
conditions set out in this clause, if our costs increase as a direct consequence of a change in
the exchange rates relevant to the arrangements.
You will also be entitled to a price reduction where there is a decrease in our costs as a result
of a decrease in the costs referred to in this paragraph which occurs between confirmation of
your booking and the start of your holiday.
You will be charged for any increase in our costs. If any surcharge is greater than 10% of the
total holiday cost, clause 8 will apply on the basis the surcharge is a significant change. You
will be notified of any price increase or reduction applied in accordance with this clause
together with the justification for and calculation of this not less than 20 days before departure.
Any surcharge must be paid with the balance of the holiday cost or within 14 days of the issue
date printed on the invoice, whichever is the later.
Please note that arrangements are not always purchased in local currency and some apparent
changes have no impact on the price of your holiday due to contractual and other protection in
place.
We promise not to levy a surcharge within 20 days of your arrival. No refund will be payable
during this period either.
3. CHANGES AND CANCELLATION BY YOU
Should you wish to make any changes to your confirmed holiday you may do so as referred to
in Section A clause 6.
All bookings are made for the whole chalet. If any member of your party is unable, or no longer
wishes, to travel for any reason, you may transfer their place to someone else (introduced by
you) providing we are notified of their name and contact details prior to your arrival. If any costs
and charges are incurred by us and/or incurred or imposed by any of our suppliers as a result,
these must be paid prior to arrival. If you are unable to fill the chalet the price will remain the
same as at the time of booking.
You may cancel your confirmed booking at any time before departure. You may also transfer
your booking as referred to above. Should you need to cancel your booking once it has been
confirmed, the party leader must immediately advise us by e-mail or by posting or hand
delivering written notice of cancellation to us or your travel agent.
Your notice of cancellation will only be effective when it is received in writing by us at our
offices. As we incur costs from the time we confirm your booking the cancellation charges set
out below will be payable.
If you are unwilling to travel for any reason, or you are unable to travel due to medical reasons
and you wish to cancel your booking, cancellation charges will apply.
You should obtain travel insurance to be covered for all insurable eventualities including
cancellations.
Payment schedule:
● Deposit Payment of 30% of the booking total, paid on confirmation
● Final payment (70%) paid at 8 weeks prior to departure
Cancellation/Refund costs:
Cancellation outside of 8 weeks prior to departure, before the final balance has been paid,
results in the loss of the deposit. Cancellation within 8 weeks prior to departure or after the final
balance has been paid results in no refund or monies returned. However, Kaluma will
endeavour to resell a cancelled chalet holiday where we are the principle and, if successful, we
will return some or all of the funds subject to the resale value achieved. Note, incentives may
need to be applied for late resales of cancelled trips. Kaluma Travel will return funds where
possible.
Depending on the reason for cancellation, you may be able to reclaim these cancellation
charges (less any applicable excess) from your travel insurer. Claims must be made directly to
the insurance company concerned after you have paid the applicable cancellation charge to
us. Kaluma Travel will help with all required paperwork and invoices to support your claim.
You and your party should obtain travel insurance for this cancellation risk – see Section B
clause 7 insurance.
4. CHANGES AND CANCELLATION BY US
We start planning the arrangements we offer many months in advance. Occasionally, we have
to make changes to and correct errors in advertising and other details both before and after
bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to
avoid changes and cancellations, we must reserve the right to do so.
In the event that your holiday arrangements cannot proceed because your accommodation is
not available for any reason (except as set out below in this clause) and we are unable to
provide a reasonable alternative, we will refund the payments you have made to us for your
booking.
Should a reasonable or improved alternative be offered, a refund will not be applicable. We will
not be responsible for any other expenses including without limitation, the cost of flights or any
other form of transport.
Very rarely, we may be forced by “force majeure” (see Section A clause 9) to change or
terminate your arrangements after they have commenced but before their scheduled end. This
is very unlikely but if this situation does occur, we regret we will be unable to make any refunds
(unless we obtain any refunds from our suppliers), pay you any compensation or meet any
costs or expenses you incur as a result.
5. OUR LIABILITY WHERE WE ARE PRINCIPAL
(1) In order to provide your holiday arrangements, we operate catered accommodation on a
seasonal basis which we contract from the chalet owners. We also arrange for the provision of
airport transfers and other additional services. We do not ourselves own the accommodation
and transfers and other additional services are operated separately. We undertake to use our
reasonable skill and care in the provision of the accommodation services where these services
are provided by our employees in the course of their employment. For all services (which
includes transfers) which are provided by any person or entity other than our employees, we
undertake to use our reasonable skill and care in the selection of those suppliers but, providing
we have done so, are not responsible for their acts and omissions or for the actual
performance of those services.
(2) We operate a booking service for additional services. We are not recommending or
endorsing a particular provider and we can offer you alternative provider information if required.
Where we facilitate the purchase of additional services such as babysitting, ski hire, ski lift
passes, or ski lessons we are not liable for the acts and defaults of the third parties who
provide those services, including, without limitation, nannies, transfer companies, ski hire
providers or ski lift providers. Therefore, providing we have selected the agent or supplier with
reasonable skill and care, we will have no liability to you for anything that happens during the
provision of such arrangements or any acts or omissions of the agent or supplier or others.
(3) We will not be responsible for any injury, illness, death, loss (including loss of enjoyment or
possessions), 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
• the act(s) and/or omission(s) of a third party not connected with the provision of your
arrangements; or
• ‘force majeure’ as defined in clause 9 above
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 any
supplier agrees to provide for you where we have not agreed to provide these as part
of our contract and any activities which we arrange for you during your holiday.
Regardless of any wording used by us on our website, in any advertising material 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) 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
£250.00 per person affected. Any payment is subject to your producing appropriate
proof of the contents and value of the luggage or personal possessions concerned
and demonstrating that you have taken proper care of your property. For all other
claims which do not involve death or personal injury, we limit the maximum amount
we will have to pay you in the event that we are found liable to you on any basis to
twice the cost paid by the person(s) affected.
6. COMPLAINTS
In the unlikely event that you have any reason to complain or experience any problems with
your booking whilst away, you must immediately inform us. The issue can then be promptly
investigated and, where appropriate, steps taken to resolve the situation. Any verbal
notification must be put in writing. Until we know about a complaint or problem, we cannot
begin to resolve it. Most problems can be dealt with quickly.
If you remain dissatisfied, however, you must write to us within 28 days giving your booking
reference and full details of your complaint. Only the party leader should write to us.
For all complaints and claims which do not involve death, personal injury or illness caused by
the negligence of our employees, we regret we cannot accept liability if you fail to notify the
complaint or claim entirely in accordance with this clause.
7. INSURANCE
Where we are principal (a Kaluma Chalet booking), you are required to provide and purchase
comprehensive travel insurance as a condition of your booking. You must purchase or already
have travel insurance at the point of the holiday booking so that you have cancellation
protection and not just prior to your departure on holiday. It is the responsibility of the party
leader to ensure that you have adequate travel insurance.
Your travel insurance must at least include but not be limited to, the following:
● Emergency medical expenses, including cover for any pre-existing condition. Amongst
other costs this should cover; mountain rescue, ambulance charges and repatriation to
the your home country
● Cancellation of your trip or curtailment for any reason
● Full cover if you chose to travel against the advice of the government of your home
country
● Cover for the cost of alternative accommodation should you be required to remain in
your holiday destination after the conclusion of your stay with us (you will not be
permitted to remain in your accommodation after the end of your contracted
arrangements.
● Personal liability to include, amongst other liabilities; damage caused by your
negligence and that of your party to the property in which you are staying, and which
must include contractual liability of the party leader for the actions of your 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 off piste
skiing with or without a guide (it is possible to ski off piste inadvertently)
● 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 insurance except in
unusual circumstances e.g. fraud and misrepresentation.
There are other sections to winter sports travel Insurance such as baggage, legal expenses,
personal accident and so on.
In the event that you fail to obtain suitable winter sports 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.
8. YOUR CONTRACT
English law will apply to your contract and to any dispute, claim or other matter of any
description which arises between you and Kaluma Travel (except as set out herein) (“claim”).
Any claim (and whether or not involving any personal injury) must be dealt with by the Courts of
England and Wales only unless, in the case of Court proceedings, you live in Scotland or
Northern Ireland. In this case, proceedings must either be brought in the Courts of your home
country or those of England and Wales. If proceedings are brought in Scotland or Northern
Ireland, you may choose to have your claim governed by the law of Scotland/Northern Ireland
as applicable (but if you do not so choose, English law will apply.
