Terms & Conditions | Cabinista
×

Terms & Conditions

The following booking conditions, together with the information set out on the relevant Tour page of the Cabinista website will form the contract between you and us for your holiday with us.

In this contract a reference to "you" and "your" include the lead-named person on the confirmation invoice (who must be at least 18 years old at the time of booking) and all persons on whose behalf a booking is made.

We are Cabinista Travel Ltd of 31a Southfield Avenue, Devon, TQ3 1LH. Registered with companies house, number: 11046718.

Please carefully read the following Website Terms as they constitute a binding agreement between you and us and spell out your rights and responsibilities regarding your use of the Website.

Privacy - we care greatly about your privacy so please also take the time to read in full our privacy agreement here

Contents:

Definitions
What’s in the Holiday
Booking your Holiday
Payment
Surcharges and Refunds
Changes and Cancellations by you
Changes and Cancellations by us
Payment Protection
Travel Insurance
Our financial Protection
Passport, Visa and Health Requirements
Your Ski Extras (accommodation, transportation, equipment, tuition and catering)
Baggage restrictions
Limitations on our Liability
Local Standards
Limitation of compensation by international conventions
Flight and other transport delays: limit of our liability
Complaints
If Something Goes Wrong
Miscellaneous

1. Definition

In this agreement, the following definitions apply unless the context requires otherwise:

“Meeting Point”
means the place specified by us in the tour pack as the place we will meet and start your holiday.

“Start Date”
means the date on which we meet to start your holiday.

“Tour”
means a holiday organised by Cabinista, generally sold as a Package Holiday.

“Tour Pack”
means whatever documents we send to you in hard or soft copy to provide information about your Tour.

“Host”
Means either the owner, property management firm or Cabinista.

“Supplier”
Means any third party partner, where you the customer will be bound by their terms and conditions, listed in this contract.

2. What is in the holiday

2.1. The following items are included, and you will be notified of their inclusion before you travel;
2.1.1 travel from the Meeting Point to your destination, return to the departure point (only if transport arranged through Cabinista, and stated in the itinerary). If no travel booking made through Cabinista, you will be met at the accomodation property;
2.1.2 accommodation;
2.1.3 meals (ONLY if booked and stated in the itinerary);
2.1.4 ski passes (ONLY if booked and stated in the itinerary);
2.1.5 ski or snowboard rental (ONLY if booked and stated in the itinerary);
2.1.6 experiences (ONLY if booked and stated in the itinerary);
2.1.7 tuition (ONLY if booked and stated in the itinerary);

2.2. The following items are not included
2.2.1 return flights to the Tour destination;
2.2.2 all other costs incurred before you board transport at the Meeting Point and after you return to the departure point;
2.2.3 travel insurance or any other insurance personal to you;
2.2.4 passport and visa costs;
2.2.5 vaccinations and medication, before, during and after the Tour;
2.2.6 food and drink over and above what we include in the Tour and in your itinerary;
2.2.7 gratuities you choose to give, in addition to any we give on your behalf where we consider appropriate.
Cabinista will inform you prior to travel also;
2.2.8 whether the trip is accessible for people with reduced mobility
2.2.9 contact details of the package holiday organiser
2.2.10 how to pay and the total price of the package including taxes and any additional fees
2.2.11 information on passport and visa requirements
2.2.12 cancellation fees
2.2.13 information on optional or compulsory insurance to cover the cost of termination of the contract by the traveller or the cost of assistance, including repatriation, in the event of accident, illness or death.

3. Booking your holiday

3.1. You can book at any time on our website. We will require a deposit of 20% of the total bill of your holiday to complete your booking . We follow this strictly because many holidays are booked up fast. When we receive your deposit, we will send you a confirmation invoice which confirms your booking. The contract between us comes into existence at that time. You undertake to pay for the holiday you have booked and we undertake to provide you with the holiday we describe on the website.
3.2. If you make a booking on behalf of others as well as yourself, we shall take it that you have the authority of each of those other people to enter into the contract on the basis of these booking conditions and that you and they have agreed to be jointly and severally liable to us.
3.3. If we are unable to accept your booking, we will of course return your payment to you immediately minus a 10% charge for admin passed on from our suppliers. The balance payment for all tours is due at latest 8 weeks (56 days) before departure. After this date you will not receive any refund on the amount paid up until that date. We will send you a reminder 7 days before the balance due date. If you are making your booking within this period, full payment will be necessary immediately.
3.4. Where the cost to us of any part of the tour increases, we reserve the right to pass on that increase to you and to change the price of unsold holidays. We will return to you the balance if our costs change significantly in your favour.
3.5. You can give us your personal details, insurance, special requests, medical conditions, next-of-kin and passport details by completing a form we shall send to you.
3.6. For bookings made within 56 days of departure, we require full payment within 24 hours of a verbal booking.

4. Payment and Security Deposits

4.1. You can pay by either giving credit or debit card details. We do not keep your card details.
4.2. The last date for payment of the balance of the cost of your holiday will be due to us at least 8 weeks (56 days) before the Tour Start Date. We will tell you that last date for payment after we have confirmed our acceptance of your booking.
4.3. If you do not pay us before the last date for payment, we reserve the right to treat your booking as cancelled. If we do that, you accept that a cancellation fee will be due to us.
4.4. We are required by our accommodation suppliers to take a security deposit for the property before you travel. The amount is different for each property and will be available to see at the time of booking a property.
4.5. Any claims to damages by the house owner shall be requested from you up to a maximum amount specified as above at the time of booking.

5. Surcharges and refunds

5.1. The prices given on our website are calculated at costs current at the time we fixed them. If costs rise or adverse currency exchange rates apply, you agree that we may increase prices at any time to a maximum of 5% of the advertised cost of the Tour. If we do this we shall tell you the costs which have risen and the percentage by which they have risen.
5.2. No matter what the increase, we shall not increase the cost less than 8 weeks (56 days) before the departure date.
5.3. If we increase the price of your Tour by more than 5%, you are free to cancel. In that circumstance we will return to you all money paid to us.

6. Changes and cancellations by you

6.1. We will try to accommodate any change you are compelled to make, but we cannot promise to do so. If we do, you agree to pay an administration fee of £25 and any additional cost of a different arrangement.
6.2. Only the person who made a booking may cancel. The cancellation takes effect from the date at which a written notification reaches our office. If you cancel.
6.3.1 You can withdraw from the booking at any time before it starts. Receipt of the declaration of withdrawal by Cabinista shall be decisive. In your interest, the declaration of withdrawal should be in writing. If you withdraw from the booking before it starts, or in the case of a no-show, you will be liable to pay Cabinista the withdrawal fees outlined below. If unavoidable, out-of-the-ordinary circumstances occur at the destination or in its direct vicinity, considerably impairing performance of the services or transport of persons to the destination, Cabinista cannot demand any withdrawal fees. Circumstances are unavoidable and out-of-the-ordinary if they are not subject to Cabinista’s control and their consequences would also not have been avoided if all reasonable precautions had been taken. Cabinista has set the following lump-sum withdrawal fees for accomodation, taking the period between the declaration of withdrawal and the start of the journey and also the savings of expenditure and the expected acquisition through other kinds of use of the services into due account.

As a rule, our withdrawal fees are:

Cancel up to 56 days before you travel and get a 90% refund*
Cancel between 55 - 43 days before you travel and get an 80% refund*
Cancel between 42 - 29 days before you travel and get a 50% refund*
Cancel between 28 - 14 days before you travel and get a 20% refund*
The entire booking price is charged if withdrawal is later than the 14th day before the start of the services, or you are a no-show.
* All refunds are set minus the service fee charged by Cabinista at time of booking.

6.3.2 You as the tenant are free to prove to Cabinista as the principal that no or considerably less damage was incurred than the lump-sum demanded. If you so request, we are obliged to substantiate the amount of the withdrawal fee. If we are obliged to reimburse the price of the booking as the result of a withdrawal, we pay immediately, albeit in any case no later than 14 days after the withdrawal. Cabinista can withdraw from the contract before the start of the services if performance of the contract is not possible due to unavoidable, out-of-the-ordinary circumstances. In such a case, Cabinista shall lose the claim to the price for the booking.
The procedure differs from the regulations stated under Withdrawal if you make use of your right to provide a replacement tenant. However, the precondition is that Cabinista as the principal is provided with a binding notification in good time before the start of the services so that the necessary re-planning can take place. A further precondition is that the replacement tenant fulfils the specific requirements of the booking and statutory directives or official orders do not contradict. With the confirmation of the change of name by the supplier, the new participant
accedes to the rights and duties from the contract. The costs incurred by Cabinista as a
result of this change are charged to you at £ 25,- per process.

7. Changes and cancellations by us

7.1. We reserve the right to change travel and tour arrangements. This is necessary because many of our tours involve variables which are outside our control. These include, weather, political issues, currency problems, flights and accommodation issues.
7.2. We shall tell you about small changes before departure. If we think a necessary change is important, we will tell you about it as soon as we can and give you the opportunity to either accept the change, or take an alternative holiday (paying or receiving a refund / credit in respect of any price difference), or cancel and accept a full refund.
7.3. If such problems occur during a tour, we will make alternative arrangements so as to comply as closely as possible to the description of the tour on our website.
7.4. If a problem occurs which is so serious that we have to cancel a tour before the date of departure, you may choose to accept either an alternative holiday (paying or receiving a refund/credit in respect of any price difference) or a full refund of all money paid.
7.5. In certain cases we may pay compensation too, at our discretion.
7.6. We are not liable to you in any circumstances for loss or damage or loss of your holiday when:
unusual and unforeseeable circumstances arise which are beyond our control, the consequences of which we could not have avoided even with all due care; or the change is not significant. We are not liable to pay you any additional travel or any other costs, expenses or losses which you incur as a result of any change or cancellation by us, such as changes to times of connecting flights or other travel arrangements.
7.7. Termination for conduct-induced reasons. Cabinista can terminate the contract without notice if the traveller lastingly disturbs the implementation of the services despite a caution or endangers others by his conduct or otherwise behaves in breach of contract. In such a case, the price for the booking is forfeited, although saved expenditure or benefits through other use are offset if applicable, including amounts possibly credited by the service renderer.
7.8 Transport cancellation. Cabinista reserves the right (and delegates to its drivers the right) to refuse to carry any passenger who is thought to be under the influence of alcohol or drugs and/or whose behaviour is considered to pose a threat to the driver, the vehicle or the other passenger(s). Any person using threatening or abusive language or behaviour to a driver or passenger will be asked to leave the vehicle immediately regardless of where it is or the time of day.
7.9 Tuition cancellation. Evolution 2 may, in its sole discretion, cancel an activity for reasons of safety or conditions of practice.
Our tuition provider Evolution 2 reserves the right to cancel any activity in the event that minimum numbers for an activity are not met. In such events a refund shall be made either for the entire booking if you or the participant has not performed any part of the activity or on a pro-rata basis if part of the activity has already been performed, alternatively a credit may be issued to be redeemed on another Evolution 2 activity. Evolution 2 is the sole decision maker in respect of matters of safety and conditions of practice.

8. Payment Protection

8.1. In order to comply with the Package Travel, Package Holidays and Package Tours Regulations 1992, all payments received by us will be financially protected by The Travel Vault. More info on The Travel Vault can be found here. In the event of our insolvency, protection is provided for non-flight packages commencing in and returning to the UK and other non-flight packages excluding pre-arranged travel to and from your destination. Please note that packages booked outside the UK are protected only when purchased directly from us. The protection provided is for refund of money paid if you have not yet travelled or repatriation to the start point of your tour, if it is underway.

9. Travel Insurance

9.1. It is a condition of booking a Cabinista Tour that you take out appropriate travel insurance. You must send us proof of cover when you make payment of the balance due for your Tour. We cannot approve the cover you have bought and are not responsible if it is inadequate.
9.2. Cover should be obtained not only against normal travel risks, but against additional risks appropriate to the destination country. In particular, snowsports insurance is required if you plan to ski whilst on holiday. Also note: local road transport insurance may be inadequate, so you should check that your cover includes accidents happening whilst you are a passenger in a vehicle.
9.3. We advise that you should also check that any valuables are covered either in your travel policy or your home contents policy.
9.4 As a rule, private liability insurance also regulates damage in holiday homes/vehicles,skis etc which has been caused by you as a customer. We recommend that
you examine whether your insurance covers such damage, also abroad.
9.5. With regards to injury, harm or damage incurred during tuition, the maximum extent permitted by law, our tuition provider (Evolution 2) shall not be held liable for any harm, injury or damage sustained by any participant during any the performance of any activity. Evolution 2 holds public liability insurance which shall only be used and activated when Evolution 2 is found to be at fault by a competent court of justice.
9.6. Evolution 2 does not insure participants during the performance of any activity and strongly recommends that each participant purchases separate individual accident or travel insurance from a company of their choice. All participants shall be responsible for their own actions and shall take responsibility for their own person and those around them. All participants shall be held fully responsible for any harm, injury or damage occasioned by them to any third party.
9.7. Please check your insurance documents to ensure you are insured for all aspects of skiing, in many instances you will need to purchase further cover (e.g Carte Neige) for off-piste skiing for instance.

10. Our Financial Protection

10.1. CABINISTA TRAVEL LTD is a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, at no extra cost to you, and in accordance with ''The Package Travel, Package Tours Regulations'' all passengers booking with CABINISTA TRAVEL LTD are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of CABINISTA TRAVEL LTD. This insurance has been arranged by The Travel Vault in conjunction with Towergate Travel through Zurich Insurance PLC.
10.2. In the unlikely event of Insolvency, you must Inform Towergate Travel immediately on +44 (0) 1932 334140 or by email at tcs@towergate.co.uk. Please ensure you retain the booking confirmation form as evidence of cover and value.
10.3. This policy will not cover any monies paid for Travel Insurance

11. Passport, Visa and Health Requirements

Please note carefully:
11.1. to be absolutely safe, it is a good idea to make sure your passport is valid for at least six months after the date of return of your Tour;
11.2. remember to apply for any necessary visa in good time;
11.3. check with your GP what vaccinations and medication you may require and allow time to obtain them. Details are also available from the National Travel Health Network and Centre www.nathnac.org.
11.4. If you are a national of an EC country and are taking a European tour, you should take your European Health Insurance Card (EHIC) available from main Post Offices or online. It is your responsibility to ensure that you obtain all necessary inoculations, take all necessary medication and follow all medical advice in relation to your holiday. Remember to bring certificates and confirmations with you in your hand luggage.
11.5. If you need professional medical care whilst on a tour, we will assist where possible, but you will need to inform us immediately of any issues you require help with. Please ensure you have the correct travel insurance documents with you when you travel, as these are your responsibility, not ours.
11.6. Please ensure that you provide us with your next of kin details so that we can make arrangements for them to be contacted in an emergency.
11.7. You agree to repay to us all costs we incur in providing this assistance, including payment for any transport and telephone calls must be reimbursed to the company. We will give you a receipt on your return, for you to pass to your travel insurers.

12. Your Ski Extras

12.1. Accommodation
You understand that a confirmed booking of an Accommodation is a limited license granted to you by the host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation.
Your accommodation booking and contract is with the firm of Interhome AG, Switzerland of Sägereistrasse 27, CH-8152 Glattbrugg (hereinafter only «Interhome»). Their full terms and conditions can be found here
By making a booking, each customer acknowledges and accepts:
12.1.1 we reserve the right to change accommodation to that stated on our website itineraries - (see below "changes of itinerary").
12.1.2. Basic cleaning is done by you as the customer in each case, independent of the final cleaning by the house owner. Basic cleaning includes the cleaning of the kitchen or similar, washing up and clearing away the crockery, disposal of remaining food and all waste, stripping
the beds and sweeping or vacuuming all the rooms. Final cleaning additionally includes thorough cleaning of the kitchen/cooking area, bathroom/shower/WC and wiping the floors, amongst others. In some objects, you have the alternative of cleaning the holiday flat/home yourself or leaving the cleaning up to the house owner/key-holder at a suitable charge. You will find information about this in the description of the object in question.
12.1.3. In the property descriptions, reference is made as to whether bed linen and towels are available or have to be taken with you, or possibly have to be rented on site. The standard width of French beds and double bed mattresses is 1.40 m. If bed linen and/or towels can be rented on site and you wish to make use of this service, please state this wish when you make the booking. In some cases, tea towels are provided by the house owner, although we generally
recommend taking your own with you. Always take your own pool and beach towels. Likewise, toilet paper and washing-up and cleaning products are to be taken with you as a rule.
12.1.4. If additional beds and/or cots are available, you will find a reference in the property description in question. As a rule, you have to bring bed linen for cots. Please pay attention as to whether a cot is only provided within the maximum number of guests stated or whether a further person may effectively be accommodated in the object as a result. As a rule, cots are suitable for children up to 2 years of age. In any case, additional beds and cots have to be ordered and partly also confirmed in the booking, and the voucher must have a matching
endorsement. As a rule, only one additional bed or one cot is possible. You can also see from the property description in question whether a pet (as a matter of principle, only dog or cat) is
allowed or not. In any case, a pet must be registered in the booking with a statement of species and size, even if it is allowed according to the description. As a matter of principle, the permission only applies to one pet to the extent not stated to the contrary in the description.
If pets are not allowed, this does not automatically mean that you cannot expect pets in the house, in the holiday complex etc. or that pets are not kept some of the time in the object booked by you. This may be due to the structure of the holiday complex with partly private owners, to whom no instructions can be given in this regard, or to the fact that the owner of a rural object owns a dog himself and wants to avoid conflicts with guests’ dogs. But if pets are allowed as a matter of principle, this does not automatically mean that they can move around freely everywhere. For example, in practically all the holiday complexes, the pool and green areas are not accessible to dogs, this applying all the more so to restaurants and similar. Often, having dogs on a lead is obligatory. Naturally, the pools of single houses are a taboo zone for
pets. Pets may not be left alone in the object of rental. For dogs and cats, the EU pet passport
with an entry of the rabies inoculation is prescribed or is recognised in almost all countries. The animals must be identifiable with a microchip. For certain species of dogs, mainly so-called
combat dogs, strict directives apply in many countries or they are generally not allowed. So get information at an early stage, best of all from your vet or on the internet. If pets are taken without permission, the key-holder is entitled to reject handover of the key or to immediate withdrawal of the key during the holiday.
12.1.5. As a rule, crockery and cutlery are complete in the holiday homes and flats and available for the number of people booked. Technical household appliances such as oven, microwave, dishwasher, coffee machine or washing machine are only available if they are expressly
mentioned in the description.
12.1.6. TV/TV reception TV in the description means a colour television. If reception is possible via satellite or cable, this is stated in the text with sat TV or cable TV. But this does not necessarily guarantee that programmes can also be received in all languages.
12.1.7. Internet/WiFi is only available if expressly mentioned in the description. We assume no guarantee for permanent availability, speed, compatibility and security, You must therefore ensure adequate protection of your terminal devices. Consumption may be limited. Internet/WiFi is regularly intended for holiday purposes, i.e. not suited for the business area or similar. Use of Internet/WiFi is purely at your risk. Valid law is to be complied with when using Internet/WiFi. You are in particular obliged not to upload any files which contain material (e.g. films, music) which have been protected by copyright, but which could be propagated on the internet
illegally through file-sharing sites or similar. You are further obliged also to inform fellow travellers (including travellers who are not of age) about compliance with valid law and to carry out matching controls. In the event of a culpable breach of your duties in accordance with this «Internet/WiFi» text, you indemnify us against any claims made on this basis by third parties.
12.1.8. If garden/patio furniture (furnishings) have been stated in the description, there is not necessarily a garden chair available for each person. This also applies to sun loungers, which often have a limited quantity. Cushions for sun loungers are not provided by a number of house owners for hygienic reasons. Sun loungers and sunshades are also only available if they have been mentioned in the description of the object. In the property descriptions, reference
is also made to whether a swimming pool is available in a holiday home or holiday complex, as a rule with information about the seasonal opening period. However, please consider that the
dates stated in the text for the start and the end of the season can be changed due to the weather. For pools in holiday complexes etc., please observe the opening hours stated by the management and, if applicable, specific rules for bathing. These may for example contain directives/bans on wearing bathing shorts in the pools, bringing your own balls, airbeds and similar to the pool or the duty to wear a bathing cap (often in Italy).
12.1.9. As the tenant, you have the right to use the entire object of rental including furnishings and everyday objects. You undertake to treat the object of rental and its inventory as well as possible jointly used amenities with the greatest possible care. You are obliged to reimburse any damage occurring during the rental period through your fault or that of your fellow travellers and guests. Damage can be offset against the deposit.
12.1.10. The object of rental may not be occupied with and used by more people than stated in the catalogue or on the internet sites and confirmed on the voucher. The maximum number of persons stated also includes children and infants, if not agreed differently with Interhome and confirmed on the voucher. Excess occupancy entitles the key-holder to reject handover of the key or to immediate withdrawal of the key during the holidays or to charge the pro rata rental price plus possible subsidiary costs.
12.1.11. The infrastructure operations stated in the brochure, in the travel confirmation and in the documents (means of transport, shops, restaurants, sports amenities, public beaches and their amenities etc.) are not an integral part of our duty to perform. These operations decide in their own responsibility on operating hours etc.. The same also applies to the public and private provisions companies (such as water and electricity). Information about the climatic condition is also not an assurance. Any duties to information, references and care which may be incumbent on us remain unaffected.
12.1.12. As a rule, the arrival time is between 4 and 7 p.m. on the planned arrival day. If you will probably be delayed, please inform the key-holder as soon as possible. He will then endeavour to ensure that you are welcomed then (possibly at an extra charge). However, this cannot be guaranteed. If applicable, you can see alternative arrival times on your travel documents. Please hand your travel documents to the key-holder when you arrive. The place of the key hand-over on arrival and the place of return when you leave is not necessarily at the holiday residence or location.
12.1.13. Arrival days deviating from the booking confirmation are not possible in a number of cases for organisational reasons. In any case, such a deviation must be inquired at Interhome. If the deviation is possible, it will be confirmed in writing by Interhome. If you cannot take the object over as planned, e.g. due to large amounts of traffic, strikes etc. or for personal reasons, the entire rental price shall remain owed. The same applies if you leave the object prematurely. If you would like to extend your stay, discuss this at an early stage with the booking office. During the season, there may be waiting times at the key hand-over points.
12.1.14. On the date of departure according to the booking confirmation, the rented property must be left by 10 a.m. at the latest and handed over to the renter or his authorised representative leaned and in the same condition as in takeover. Deviating departure times can be seen from your travel documents.

12.2. TRANSPORTATION

12.2.1. All private transportation shall be bound to the terms and conditions of our supplier CoolBus, found here.
12.2.2. All shuttle transportation shall be bound to the terms and conditions of our supplier Ben’s Bus, found here.
12.2.3. Passengers who soil the interior of a vehicle will be liable to pay a cleaning charge of a minimum of 50 euros. This charge is payable immediately to the vehicle driver. If the passenger refuses to pay, or has no money with which to pay, then the cleaning charge will be taken on the credit card that the client used to make the booking. Cabinista will produce a receipt for this transaction. If payment cannot, or will not, be made Cabinista will cancel any outstanding transfer(s) for the passenger(s) concerned with no refund given and take legal action against the passenger(s) concerned to recover the cost of cleaning the vehicle including any legal fees Cabinista incur.
12.2.4. Parents, or minders (or friends over 18 years) of children and adolescents under the age of 18 years, are responsible for the conduct of these minors while in any vehicle, and will be held responsible for any damage caused by the aforementioned minors.
12.2.5. Passengers are not allowed to take onto our vehicles any alcoholic drinks for the purpose of consuming them, or to drink such drinks on our vehicles. The consuming of food is not permitted on any vehicle.
12.2.6. Smoking is not permitted in any vehicle.
12.2.7. Our transportation suppliers will use every reasonable means to ensure that the vehicle(s) arrives on time to begin the period of hire and that it reaches its destination on time. Cabinista will not incur any liability whatsoever in the event of any delay due to causes beyond its control.
12.2.8. Vehicles are fully insured for passenger and third party claims, as required under French law. However, whilst every care is always taken, clients property is carried entirely at their own risk and no responsibility can be accepted for loss or damage. Customers are therefore advised to check their own travel insurance.
12.2.9. Our transportation suppliers will endeavour to carry the passenger with the minimum discomfort and inconvenience to his/her destination shown on the confirmation document. However circumstances beyond our control may prevent the achievement of this responsibility. The following are examples of circumstances which are not within our control; accidents causing delays to the vehicle, vehicle breakdowns, exceptional or severe weather conditions, compliance with requests of the police, deaths and accidents on the road, vandalism and terrorism, unforeseen traffic delays, industrial action by third parties, problems caused by other customers, the vehicle being held or delayed by a police officer or government official, other circumstances affecting passenger safety.
12.2.10. If our transportation suppliers fail for any reason within our control to deliver its passengers to their confirmed destination, they will provide suitable transport such as another coach, train, private car, taxi etc. Any reimbursement made by Cabinista for the costs of an alternative means of transport incurred by the passenger to get to their ticketed destination shall be no more than the cost of getting to that destination by taxi.
12.2.11. It is the responsibility of the client that all the information on their transport invoice is correct. Cabinista accepts no responsibility for misinformation given by a customer that results in either a flight being missed or a driver failing to be at the arrival airport in question to pick-up up a customer(s).
12.2.12. Delayed Flights: clients must understand that in the event of flight delays exceeding 90 minutes, and if the allocated driver has to leave the airport prior to the arrival of the client, clients will be placed on the next available transfer that is going to the requested destination. If a client insists on the driver waiting, regardless of the length of a delay, there will be a charge, after 90 minutes, of 20 euros per hour. If the driver is aware of the new arrival time for the delayed flight before leaving a resort to go to the arrival airport in question, the driver will leave according to the new arrival time and no supplement will be charged. Clients are asked to do their best to keep Cabinista informed about all possible delays to their flight(s).
12.2.13. Delayed trains: in the case of train transfers, our private transfer suppliers can only guarantee to wait for 30 minutes after the expected train arrival time. If a train is delayed beyond this time, the driver may not be able to wait due to other commitments and the client will be offered a refund less an admin charge of 10 euros. If the driver is able to wait beyond 30 minutes our transportation suppliers can, at its discretion, make a waiting charge of 20 euros per hour (or part thereof).
12.2.14. The majority of SARL vehicles operate under a "Transport Public Routier Collectif de Personnes” licence. This is valid for the transport of groups only. If you book transfers for a group and then some of the party drop out to the extent that there is just one person to transport, we are not legally permitted to do so. In such cases, unless you have given us more than 14 days notice, any monies paid for transport would be non-refundable.

12.3. EQUIPMENT HIRE

12.3.1. The contract is concluded between you and the INTERSPORT partner (shop) from which they collect and return their equipment. Cabinista will act purely as an AGENT. Intersport terms and conditions in full can be found here.
12.3.2. By concluding the reservation, the customer making the reservation confirms the accuracy of the personal data that serves for the proper adjustment of the bindings. The customer is not permitted to make any unauthorised adjustments.
12.3.3. The equipment may be collected after 16:00 on the evening before the first rental day and returned either at the end of the final rental day or before 10:00 on the following day. Returns made after 10:00 will incur an additional day’s rental charge by the INTERSPORT partner (shop) concerned in accordance with the locally published rates.
12.3.4. The customer is responsible for returning the equipment in good condition or to pay compensation up to the retail price of the rented products. The customer is not permitted to pass on the sports equipment to third parties. The customer shall ensure that the equipment is looked after in such a way as to prevent it being taken by mistake or stolen.
12.3.5. Liability for lost or stolen rental property lies with the customer. In the event of theft, the customer is required to report the matter to the relevant security authority within 24 hours and to notify the rental agency of the theft in writing without delay. In the event of breakage or damage as a result of improper use or theft due to failure to comply with the requisite duty of care, the customer is liable to pay the cost of repair or the market value.
12.3.6. A change of category may be made at any time for an additional charge as per the price list and subject to availability. In the event of a change to a lower category, no price reduction will be made.
12.3.7. In the event of a delay in collecting the rented equipment, the customer is requested to inform the shop concerned at the earliest possible opportunity. The reserved equipment will be held by the shop for a maximum of 24 hours. After this period of time, the equipment will be released for rental without the customer being entitled to compensation.

12.4. TUITION

12.4.1. In purchasing any activity from Cabinista you, and all participants in your booking, agree to abide by these terms and conditions set out by our supplier Evolution 2 here.
12.4.2. All activities shall be reserved in the Evolution 2 planning system and paid for in advance.
12.4.3. All participants shall wear at all times during each activity any security or safety equipment provided.
12.4.4. All participants shall dress appropriately in an outfit adapted to and in respect of the activity they are to perform.
12.4.5. All participants must not have consumed any alcohol or drugs before their activity and Evolution 2 reserves the right to refuse participation to anyone who it considers has failed to respect this condition.
12.4.6. All participants shall pay attention to and abide by any advice or instruction given by any Evolution 2 instructor before and during each activity and shall equally respect any selection deemed necessary by the instructor.
12.4.7. Despite following the advice of an instructor, all participants accept and acknowledge that risks outside the control of Evolution 2 and/or the instructor do exist, and the presence and advice of an instructor shall not remove such risks.
12.4.8. All participants therefore take part in an activity in the full knowledge of such risks.
12.4.9. In the event of an accident, the instructor shall initiate and manager the rescue and evacuation procedures until the arrival of the on-site competent authority (piste security, fire brigade, doctor, police).Evolution 2 shall complete an accident report with the relevant instructor and the same shall be communicated to the injured party.
All costs associated with the accident, including any costs of assistance and evacuation shall be borne by the participant.
12.4.10. In the case of an accident or sickness which prevents the person from participating in an activity, Evolution 2 will not provide a direct refund. Evolution 2 shall however complete an accident/sickness certificate that should be presented to the participant’s insurance in order to obtain a refund on the activity. It is therefore advisable for clients to inform themselves on insurance options prior to the activity.

12.5. CATERING

12.5.1. All catering ordered through our website is fulfilled by our partner HUSKI Mountain Delivery, their terms and conditions can be found here.
12.5.2. The Products sold on the Site comply with the French law and have performances compatible with non-professional uses.
12.5.3. The Products supplied by HUSKI shall be entitled, without any additional payment, to; the legal warranty of conformity, for the Products apparently defective, damaged or not corresponding to the order; the legal warranty against latent defects arising from a defect in material, design or workmanship affecting the Products delivered and rendering them unfit for use.
12.5.4. It is recalled that within the framework of the legal guarantee of conformity of French law, the Customer has a period of two years from the issuance of the property to act against HUSKI
12.5.5. In order to assert its rights, the Customer must, within a maximum period of 2 days from the delivery of the Products, inform Cabinista, in writing, of the non-conformity of the Products or the existence of defects hidden within the deadlines or return the defective Products in the state in which they were received with all the items (accessories, packaging, instructions …).
12.5.6. In the cases mentioned in this article, HUSKI shall refund, replace or cause to be repaired the Products or parts under warranty found to be invalid or defective.
12.5.7. Refunds of Products deemed to be non-conforming or defective will be made as soon as possible and no later than in the 8 days following HUSKI’s finding of the lack of conformity or of the hidden defect.
12.5.8. HUSKI’s guarantee is, in any case, limited to the replacement or the reimbursement of the Products that are not in conformity or have a defect.
12.5.9. Any warranty is excluded if products are used or stored that do not comply with the provisions on the label attached to the Products.
12.5.10. The photographs and illustrations accompanying the Products on the Site have no contractual value and therefore can not engage the responsibility of HUSKI.
12.5.11. HUSKI will not be considered responsible or failing if it provides proof that the delay or non-performance is due to the occurrence of a case of force majeure or is attributable to the Customer.

13. Baggage restrictions

13.1 All luggage must be clearly labelled with the owners name and destination address. Customers are limited to two items of luggage (one usual holiday luggage bag and small hand luggage bag), and a ski or snowboard bag.Ski and snowboard bags should be declared at the time of booking in order to assist Cabinista with the provision of adequate luggage space. Any luggage in excess of the above must also be declared at the time of booking. In the event of a client having excess luggage, Cabinista reserves the right to charge an excess baggage allowance, or refuse to transport the items.
13.2 If you have an unusual requirement, perhaps for medical reasons, do contact us and we will try to help you immediately.

14. Limitations on our liability

We want you to enjoy a perfect holiday with Cabinista. We shall do our best to make your holiday special for you. Nonetheless, we must make clear the limitations in law. We are not liable to you for:
14.1. any event which happens before you board our transport at the Meeting Point or after you leave our transport at departure;
14.2. any problem arising from your failure to reach the Meeting Point on time, for whatever reason; (though we would do our best to help you in any way we reasonably could)
14.3. services we have not provided. The services and features included in your Tour are those specified in our web site. If you choose to buy other goods or services during your holiday, those are not part of the package we provide, even if arranged at your request through our Tour leader. Accordingly we are not liable to you for any happening in connection with that service or those goods.
14.4. any aspect of goods or services you buy or accept other than those arranged by us;
14.5. medical problems or physical difficulties, even if you have told us about them in advance;
14.6. medical emergencies;
14.7. your own carelessness or negligence in any aspect of your behaviour whilst with us;
14.8. changes we reasonably make to an itinerary or to accommodation or any other aspect of the management of a Tour;
14.9. problems or issues which we could have resolved whilst on a Tour but which you raise only after your return.
14.10. 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 either:
14.10.1 the act or omission of you or anyone in your party;
14.10.2 the act or omission of a third party not connected with the provision of your holiday.
14.11. Liability with our suppliers. We have a duty to select the suppliers providing the services which form your booking with us with reasonable skill and care. We have no liability to you for
the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the service providers with reasonable skill and care, we will have no liability to you for anything
that happens during the service in question or any acts or omissions of the supplier, its employees or agents. Cabinista’s liability for damages from a breach of contractual duties which
do not involve injury, illness or death and have not been caused culpably has been limited to three times the price for the journey. Any claims possibly exceeding this according to international agreements or statutory directives based thereon shall remain unaffected by these limitations. Cabinista shall not be liable if the defect in the journey is to be ascribed to the following causes; culpable actions or omissions on your part or on the part or a person also using the services; unforeseeable or unavoidable omissions by third parties not involved in the rendering of the contractual services; unavoidable, out-of-the-ordinary circumstances.

15. Local standards

15.1. Laws, standards, culture and attitudes are different in many countries from what you reasonable expect at home. We are not responsible for standards of service, safety, hygiene and behaviour which may be lower than you are used to or which you expected.
15.2. We do not make any representation or commitment that all services will comply with applicable local laws and regulations and failure to comply does not automatically mean we or the service supplier has not exercised reasonable skill and care.
15.3. Please also note that 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).

16. Limitation of compensation by international conventions

16.1. We and you are subject to international conventions, when they apply. This may limit the amount of a claim you may be make, against us or anyone else. The most we will have to pay you for many claims for personal injury will not exceed what a carrier would pay under, for example, the Warsaw Convention or the Montreal Convention for international travel by air, or the EC Regulation on Air Carrier Liability, or the Athens Convention for international travel by sea, or the Convention on International Travel by Rail. Please note: where a carrier 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 carrier for the complaint or claim in question.
16.2. Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money) where international convention or regulation does not apply, the maximum amount of compensation we will pay you will be £ 500.
16.3. Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your holiday.
17. Flight and other transport delays: limit of our liability
17.1. There is no guarantee that flights, trains or ferries will depart at the time specified. If they do not, we are not liable to you for any delay or cancellation or for any failure to take what you think are the best actions to have taken in particular circumstances.
17.2. We accept responsibility only from travel from the established pick up point, if there is a problem with your airline carrier, you must take this up with them. If your airline does not comply with these rules you may complain to the Civil Aviation Authority on 020 7453 6888 or by e-mail to passengercomplaints@caa.co.uk or see www.caa.co.uk – “Referring Your Complaint to the CAA”.
17.3. If you wish to find at any time to return home early or independently, for example by booking an upgrade with the airline or by organising overland travel, we will provide whatever assistance we can. All expenses involved in doing so will be your responsibility.
17.4. Remember that transport and other service providers have their own booking conditions or conditions of carriage or service. You will be bound by these as far as that service is concerned. Such conditions may limit or exclude liability on the part of the relevant provider and they are often also subject to international conventions.

18. Complaints

18.1 We shall try our utmost to provide a happy and fulfilling holiday, but if we fail in any way, do please raise any issue with your Tour leader immediately. External circumstances and regional peculiarities such as insects, stray dogs, unfavourable weather conditions or the condition of public roads shall not entitle to a claim to damages. If the booking is not performed contractually or if you find defects in the object of rent or 3rd party supplier functions, you can demand a remedy. In this case, get in touch without delay by e-mail to info@cabinista.ski so that suitable measures can be taken to examine the complaint and if applicable to remedy the disturbance of the service or to provide an equivalent replacement.
18.2 The service providers (house owners,key-holders, agency, 3rd party suppliers) have neither the function of tour guides nor are they representatives of Cabinista nor do they have the authorisation to acknowledge claims and to make and/or to accept legally binding declarations.
18.3 The precondition is that the services or the replacement services accepted by you were not rendered contractually, that you notify the defect without delay and that no adequate remedy was provided. If the booking is quite considerably impaired by defects, you can terminate the contract. As a rule, the precondition is that you have demanded a remedy from Cabinista setting a suitable period and that this period has expired fruitlessly. Setting of a period shall not be necessary if remedies are rejected by Cabinista or if an immediate remedy is necessary.
18.4 As a general rule of thumb, under English law, you have six years in which to bring an action against Cabinista for breach of contract claims, and three years in which to bring an action against Cabinista for personal injury, illness or death claims. In both cases, the period begins to run from the date on which the cause of action accrued. Exceptions do apply and you are advised to obtain legal advice.

19. If Something Goes Wrong

19.1. If something goes wrong with your trip - such as the room you were given wasn’t what was advertised, the food was inedible or even if there was an injury or illness caused by a company - you must tell us as soon as possible so we can try fix the situation.
19.2. If something does go wrong, we’re obliged to help you and provide assistance without undue delay, including; giving you information about health services, local authorities or consular assistance; helping you make long distance calls or other forms of contact so you can find other travel arrangements.
19.3. We are entitled to charge a fee for helping you if the difficulty was caused by something you did or your own negligence, the fee will never exceed the costs incurred by the assistance.
19.4. If something goes wrong and it can be proved to be our fault, we will offer reasonable compensation, but you must tell us immediately of any issues so we may have time to resolve them.

20. Miscellaneous

20.1. In this agreement unless the context otherwise requires:
20.1.1 a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit;
20.1.2 any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
20.1.3 any obligation of any person arising from this agreement may be performed by any other person.
20.2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
20.3. The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.
20.4. In the event of a dispute between us, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
20.5. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that act.
20.6. We are not liable for any failure or delay in performance of this agreement which is caused by circumstances beyond our reasonable control.
20.7. The validity, construction and performance of this agreement shall be governed by the laws of [England and Wales / Scotland / Northern Ireland] and you agree that any dispute arising from it shall be litigated only in that country.