Terms & Conditions

Holiday Trips and use of Website

Updated 10th August 2011

By using this Site and/or booking a holiday with us you accept that you agree to the following terms and conditions:

 

GENERAL INFORMATION

  • References in these terms and conditions to "we", "ours" and "us" are references to xTc Paragliding.
  • We may at any time modify these terms and your continued use of this Site will constitute acceptance of such terms in force at the time of your use.
  • These terms and its performance shall be governed by the laws of England and Wales and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts in England and Wales in respect of any disputes or claims arising out of or in connection with these terms.
  • In the even of booking a Holiday with us, the terms in force at the time of your booking form the basis of Contract. We reserve the right however to apply new terms as they are announced to all existing bookings, at which time you may either accept them or cancel your Holiday for a refund in full. Announcement of new terms will be made on the website and may be sent by letter or email, as per your booking method, to all effected.

 

HOW THE WEBSITE WORKS

  • Information on this Site is managed by us. Third party providers and distributors have also contributed to this Site. We make every effort to ensure that all information on this Site is correct and up-to-date. You should be aware, however, that any flight and/or holiday details appearing on this Site should be considered indicative until confirmed by the agent or any third party with or through whom you book your holiday or flight; and may not be fault-free although we will do our best to correct any errors or omissions as soon as we are notified of them.
  • We do offer hypertext links to other websites merely for your convenience. The inclusion of such links on our Site does not mean that we endorse any material on those linked sites or have any association with them whatsoever.
  • Information on this Site is owned by us or our licensor’s and all rights are reserved. You should not copy, publish or sell any information obtained from our Site although you are welcome to download and print out pages for your personal use.

 

TRAVEL BOOKINGS

  • Airport pickup/drop off is available on the advertised dates. We can sometimes arrange it on other days but there will be an additional charge for this service as it obviously involves the services of a driver and a lengthy round trip to the airport
  • Additional days on your stay will incur an additional charge, however we cannot offer a reduction for trips that are for less days than advertised
  • Trips do not include Lift passes. Some trips will not require any, however trips such as North Slovenia may require as many as 5 or 6 passes in a typical week.
  • Several locations involve 'site flying fees'. xTc do not include these in the cost of your trip and therefore you shall be liable for them as required on your trip. For example; On the days flying at Bohinj lake, Gozd or Tolmin these are typically 4/ 5 euro a day flying fee. For Bassano it is 25 euro for the week (prices correct as of October 2010).

Please note when booking a flight or holiday that:

  • Flights are not the responsibility of us to either book or confirm, but solely the responsibility of you.
  • Purchase of an airline ticket does not guarantee you a place on a holiday
  • It is your own responsibility to ensure that you can comply with any passport, visa or inoculation requirements
  • We cannot be responsible for any fluctuations in exchange rates where you are being charged in local currency for (part of) your holiday package.

 

PRIVACY POLICY

When you complete a Request, you will need to provide us with personal information about you such as your name and address. We take pride in treating such personal information with the respect if deserves. Please click here to view our privacy policy.

 

LIABILITY

  • Neither we, nor our Travel Partners nor any other third party provider of flights or holidays make any warranties and/or representations, express or implied, as to the accuracy of the information contained on this Site.
  • Neither we nor our travel Partners make any warranties and/or representations as to the nature or standard or otherwise of any services offered on or through this Site.
  • Neither we, nor our Travel Partners nor any other third party provider of flights or holidays accept liability for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of;
      • your use of or reliance on any content available on or through this Site,
      • any failure to access or delay in accessing this Site or
      • the performance or non-performance of any services by us or by our travel Partners or third party providers of flights or holidays.

By booking a holiday through us you accept that you agree to the following terms and conditions:

  • These Terms form the basis of the contract between you and xTc Paragliding. Please read this information carefully before booking your holiday as they set out our respective rights and obligations.
  • Telephone bookings are only accepted on the assumption that you have read and agree to these booking conditions.
  • Your contract with us and all matters arising from it are governed by English Law and the courts in England shall have exclusive jurisdiction.
  • A contract exists when we issue a Confirmation of your booking.

 

YOUR COMMITMENT TO US

Booking, Deposit and Payment

  • Once you have decided upon your trip, date and time of your outward and return travel, along with any accommodation and/or insurance requirements (if applicable), then call or complete an online form to make your reservation request. You will be asked to pay the holiday deposit of up to 50% per person (including children).
  • The balance of the holiday cost must be received by us not less than 30 days before departure. We do not send out reminders.
  • If we do not receive full payment on time, we reserve the right to treat your booking as cancelled by you and the scale of cancellation charges described here will apply.
  • If your booking is made within 30 days of departure then full payment must be made at the time of booking. Money paid to a 3rd party is held by him on our behalf.
  • All accommodation is offered subject to restricted availability and on a first-come first-served basis.
  • In the event that your accommodation cannot be satisfied due to lack of availability or service on the requested dates, we reserve the right to offer similar accommodation within the locality.
  • In the event that we are unable to confirm your booking immediately, we will willingly request your transportation and/or accommodation requirements extra to our allocation. However, we will require full payment prior to making such requests as you will be committed to our booking conditions (and cancellation/amendment terms) as soon as we secure the requested services. In cases where we are unsuccessful in securing the requested services according to your requirements, we will immediately refund all monies in full.
  • If you wish to alter any details of your booking once we have sent the confirmation, we will do our utmost to help provided changes are sent in writing to us. Where we can make the change requested, we charge a £50 amendment fee. Changes cannot be made within 30 days of departure. If we are unable to make any requested change and you do not wish to continue with the booking then our cancellation charges, as detailed below, will apply.

 

ACCIDENTS

In the event you have an accident whilst on your holiday with us and it results in you requiring hospital care and/or an ambulance being called and/or a rescue helicopter being called or some other such eventuality then we reserve the right to charge a fee for additional expense in dealing with the incident. Typically this will be limited to a fee of £250 per event, but may vary at our discretion. This will be billed to you within 28 days of the final date of your holiday and immediate payment shall be requested.

 

Cancellation by You

If you wish to cancel your holiday in whole or in part after your booking has been confirmed, you must write to us straight away, using Recorded Delivery. Your notice of cancellation is effective from when we receive it in writing. If you do cancel, we will charge a cancellation fee on the following scale:  

Amount of notice you give us before
the scheduled departure date 		Cancellation charge
(% of holiday price excluding insurance premium)
 
More than 56 days Deposit or £150, whichever is greater
56-29 days 50% (or deposit if greater)
28-0 days 100%
   

No refunds will be made on insurance premiums under any circumstances. If the reason for cancellation is covered by your holiday insurance policy you should make a direct claim to the insurance company.

 

OUR COMMITMENT TO YOU

Changes or Cancellations by Us

In the unlikely event that we will have to make any changes to your holiday we will advise you at the earliest opportunity. Most changes, if they occur, will be minor. Should the change be of a major nature i.e. travel departure delay of more than 12 hours and/or a downgrade of accommodation and/or relocation of holiday to a different region or a change of holiday dates, you will have the choice of the following:

 

a. accepting the change or
b. accepting another available holiday from us at the appropriate price or
c. cancelling your holiday

 

If you choose a. or b., we will bear all reasonable costs for changes to accommodation but any travel changes (flights etc) are the responsibility of you. If you choose c., we will refund you all the money you have paid to us upon request or shall hold the funds in full towards a future holiday. 

 

Important

Compensation or refund will not be payable for minor changes or if we are forced to cancel or in any way change your holiday due to war, riot, civil or nuclear disaster, fire or adverse weather conditions, industrial disputes, closure or congestion of ports or airports; or as a result of unusual and unforeseeable circumstances beyond our control amounting to force majeure.


Surcharges

The price of your holiday may be subject to surcharges. All holiday prices have been calculated on the basis of an exchange rate of £1.00 = 1.30 euros. We reserve the right to revise prices for bookings in the event of any significant change in the base rate as published by the Bank of England. We will endeavour to absorb changes wherever possible, but in the event of a change we shall publish it on the home page of our website. Other exceptions include newly introduced local taxes. (Please note local taxes can be introduced in holiday areas at any time and payment would be your responsibility.)


Our Responsibility

We have exercised care in making arrangements for your holiday and described the elements of your holiday in accordance with our latest information, at the time of producing any written confirmation. Should any changes occur in descriptions of these elements, after the time of producing such written information, we will notify you when you make your booking. We accept responsibility should the services we are contractually bound to provide prove deficient or not of a reasonable standard, and for the acts and/or omissions of our employees, agents, sub-contractors, and/or suppliers, except where personal injury, illnesses or death results to the signatory to the holiday contract and/or any other person named on the booking form. Our liability under this paragraph is limited to the holiday price of the person(s) affected in total. Furthermore, where services are provided by any air, sea or rail carrier and/or accommodation supplier, our obligations are limited in the manner provided by international conventions in respect of these carriers and suppliers. If you or any member of your party suffer death, bodily injury or illness arising from negligent acts or omissions of our employees, agents, suppliers (other than air, rail and sea carriers performing any domestic, internal or international carriage of whatsoever kind for whom we accept no liability), their sub-contractors, servants and/or agents, we will accept responsibility, provided that they were acting within the scope of, or in the course of their employment when the accident occurred, and where the failure to perform or improper performance was due to the fault of such person and not to an event which such person could not foresee or forestall even if they had taken all due care. In return, you must notify us of your claim within 28 days of your scheduled date of return, agree to assign to ourselves or our insurers any rights you have against any third party relating to the claim, and agree to give us your full cooperation if either ourselves or our insurers wish to enforce any rights against the third party in respect of your claim. If you or any member of your party suffer death, illness or injury whilst overseas arising out of activity which does not form part of the holiday arranged through us, we shall, at our discretion, offer advice and assistance to help you in resolving any claim you may have against a third party provided we are advised of the incident within 90 days of the occurrence. Where legal action is contemplated, our authority must be obtained prior to commencement of proceedings and be subject to your undertaking to assign any costs recovered or any benefits received under an appropriate insurance policy to ourselves. Our costs in respect of the above on behalf of you and your party shall not exceed £1000 in total. You agree to indemnify us against all losses and/or damage arising directly or indirectly from any act, default or omission of yours.


Complaints

If you have a problem or complaint during your holiday you must contact the local owner/agent or accommodation manager immediately so that they have an opportunity to put it right. Should the problem not be resolved satisfactorily in your opinion, the complaint must be reported to us or our agent at your earliest opportunity whilst you are in resort to enable our UK management to take remedial action. If the matter still cannot be resolved and you wish to take it up with us on your return, you should write to us with full details within 28 days of your return from holiday. We aim to give full satisfaction but if agreement cannot be reached you may wish to refer the matter to arbitration under a special scheme devised by arrangement with the International Federation of Free-flight Guides. Any dispute must be referred to arbitration within nine months of your return from holiday.


Conditions of Carriers and Suppliers

Many of the services which make up your holiday arrangements are provided by independent carriers and suppliers. Those carriers and suppliers provide these services in accordance with their own terms and conditions which may limit or exclude their liability to you, usually in accordance with International Conventions. Copies of the relevant terms and conditions are available by prior arrangement from ourselves. You and your party undertake to abide by the regulations of accommodation owners, carriers and other suppliers during your holiday and take precautions for your own safety. We reserve the right to terminate the holiday contract, without notice, of anyone who, in our opinion, behaves in such a way as to cause danger, distress or annoyance to anyone or damage to property. Refunds or expenses will not be payable by ourselves in such circumstances and we will not have further responsibility towards such persons. Furthermore, the whole party will be responsible for paying us for any direct or indirect damage, loss, expense or cost you or any member of your party causes. Facilities, entertainment and organised activities may be restricted during off-peak periods. There may be some facilities advertised which cannot be made available as they are subject to weather conditions, volume of support, time of the year or local laws and regulations. Such events are regrettably beyond our control.

 

If any of the above limitations and exclusions, in whole or in part, is found to be unlawful, void or for any other reason unenforceable, that exclusion or part thereof shall be deemed severable and shall not affect the validity or enforceability of the other exclusion(s) or part(s) thereof in question.

 

Important Notice

From time to time xTc Paragliding may mail its customers with a variety of interesting opportunities from itself and other reputable companies. If you prefer not to receive such offers, please write to: xTc Paragliding, Mellifera, Exeter, Devon EX5 2TF, England, EU.

 

Registered Address. xTc's legal address is;
LAS/XTC Ltd, EXETER R.I.E., Devon EX20 1UA, England, EU

 

Postal contact. For letters, receipts and other postal items;

LAS-XTC, (Mellifera), EXETER, Devon EX5 2TF, England, EU