STANDARD TERMS AND CONDITIONS OF BUSINESS

The following conditions form part of every contract for courses provided by Nonstop Adventure Ltd (“NSA” or “the Company”) which company is registered in England and Wales with number 4348126 (ATOL 5828), and whose registered office is: 125 High Street, Odiham, Hampshire RG29 1LA, UK.

1. Booking your course

1.1. To secure your booking, you should complete and sign NSA’s booking form and send it to the address indicated thereon, together with payment for the non-refundable booking deposit or as otherwise advised by NSA. A separate booking form should be completed for each person. 
1.2. A Booking confirmation will be issued via e-mail following receipt of the booking form and non-refundable booking deposit. No contract will exist between you and the Company until a Booking confirmation is issued.
1.3. If for any reason NSA does not accept your booking, any payment received will be returned.

2. Prices and payment terms

2.1. Prices for NSA courses, and the related payment schedules, are shown on the Company’s website: www.nonstopsnow.com and are available from the Company during normal office hours. These prices, which (unless otherwise stated) are usually inclusive of any local sales taxes (e.g. United Kingdom VAT) although this is dependent on your country of residence. Prices are subject to change at any time.
2.2. The price applicable to a booking is the price for the relevant course shown on the Company’s website on the date on which the booking form is received in the Company’s office together with the non-refundable booking deposit. In the event that the price quoted on your booking form is out of date, we will not issue you with a Booking confirmation until you have specifically agreed the new price. 2.3. For all courses, a non-refundable booking deposit is payable at the time of booking. The amount of this deposit at any time is shown on the Company’s website.
2.4. The balance of the amount due is payable in two further instalments, namely 50% as the “1st Instalment” and the remaining 50% as the “2nd Instalment” or “Final Payment”. The dates for payment of these instalments are shown on the Company’s website and will be included on the Booking confirmation. 2.5. In the event that any fees due remain unpaid within 7 days of the date by which the Final Payment was due, NSA reserves the right to cancel your booking without any obligation to give you notice thereof. You will thereafter be liable for the appropriate cancellation charge in accordance with condition 4.3 below.
2.6. After a booking confirmation has been issued, unless you choose to pay in full at the time of booking, the price of your course remains subject to surcharge in certain limited circumstances, namely variations in the cost of fuel, increases in normal published airfares, taxes or fees chargeable for services such as landing taxes at airports, the exchange rates applicable to the particular course, or if the UK or overseas government or other regulatory body introduce new or increased taxes. Even then, NSA will absorb an amount equal to 2% of the confirmed price of the course before passing on any surcharge to you. Only amounts in excess of this 2% will be surcharged. Surcharges will be notified by a revised Booking confirmation. If a surcharge would increase the total price shown on your original Booking confirmation by more than 10%, you may cancel your booking within 14 days of the date of issue of the revised invoice and obtain a full refund of all payments made to NSA.
2.7 Any discounts or offers cannot be used in conjunction with other discounts or offers.

3. Insurance

3.1. It is a condition of participation on any NSA course that you maintain full insurance cover throughout the period of the course.
3.2. Prior to leaving for the course, NSA requires you to provide it with full details of the insurance taken out by you. You will thereafter be liable for the appropriate cancellation charge in accordance with condition 4.3 below.

4. Amendment and cancellation by you

4.1. NSA will make every effort to assist you if you wish to alter any previously agreed arrangements. Requests must be made in writing or by fax and signed by the signatory of the booking form, or by email. A charge per amendment of $100 or the equivalent in the currency selected for course billing, together with all communication charges or other expenses incurred by NSA, will be made. These charges will be payable whether or not NSA succeeds in confirming your requested amendment. Depending on the conditions imposed by our suppliers, an amendment request may have to be treated as a cancellation and re-booking, in which case the normal cancellation charges as set out in condition 4.3 below will apply. 
4.2. All cancellations must be advised in writing or by fax and signed by the signatory of the booking form, or by email. Written cancellation notices should be sent to NSA at Office 5, 5 Argyle Street, Bath, BA2 4BA. Recorded delivery is strongly recommended. Cancellations are effective on the day they are received by NSA.
4.3. The following scale of charges will remain payable in the event of cancellation:

4.3 Due to the unique nature of the New Zealand Instructor course and the fact places are limited, different  time constraints exist for payment and payment in the event of cancellation. The following scale of charges will remain payable in the event of cancellation of a place on our New Zealand Instructor course:

  
5. Amendment and cancellation by NSA

5.1. NSA makes every effort to operate its courses as advertised but it may very occasionally be necessary to modify a course before its start date. If the modification is significant in that it substantially undermines the course for which you have contracted, NSA will notify you as soon as practicable and offer you three choices. You may (1) accept the modification, (2) change your booking to another available course or (3) cancel and receive a full and prompt refund. If you choose another available course which is more expensive, you must pay the difference, but, if it is cheaper, NSA will make the appropriate refund. If there is a minor modification before you depart (that is a change not included in the definition of a significant modification set out above), NSA will try to notify you although it is not obliged to do so nor is it obliged to pay any compensation.
5.2. If NSA becomes unable to provide a significant element of your course after it has commenced, suitable alternative arrangements will be made for you at no extra charge to you or, alternatively, you will be returned to your point of departure and given a refund which NSA in its sole discretion considers appropriate to the circumstances.
5.3. NSA reserves the right to cancel your course. However, it guarantees that it will not do so for any reason other than force majeure after the date on which the final payment is due or has been made, whichever is the later. “Force majeure” means unusual and unforeseeable circumstances beyond NSA’s control, the consequence of which neither NSA nor its suppliers could avoid, including, but not limited to, war, threat of war, riot, civil strife, terrorist activity, (actual or threatened), industrial dispute, technical problems with transport, machinery equipment, power failure, natural or nuclear disaster, fire, flood or other adverse weather conditions leading to a lack of snow, poor snow conditions or resort closure due to lack of snow. In the event of a cancellation due to force majeure, NSA will use reasonable endeavours to arrange an alternative course of a comparable standard. In the event of a cancellation due to force majeure, the company undertakes to give an appropriate refund having regard to the circumstances.

6. Responsibilities of NSA

6.1. Whilst NSA takes all reasonable precautions to prevent accidents or injury, you acknowledge and agree that some of the activities you participate in on the course carry a risk of accident and injury. You undertake not to take any unreasonable risks, and you accept that if you do, then you are responsible for the consequences of your own actions.
6.2. NSA will make all reasonable checks to ensure that those involved in the preparation and provision of its courses have the appropriate qualifications.
6.3 Descriptions, information and opinions given in the Company’s brochure and on its website in respect of the airlines, accommodation and other suppliers whose services are used are given in good faith, based on the latest information available at the time.
6.4. NSA will be under no liability whatsoever if you suffer loss, death or personal injury where there has been no fault on the part of NSA or its employees, agents or suppliers and the loss, death or personal injury suffered is attributable to your own acts or omissions or to the acts or omissions of a third party not involved in providing the services which make up your course, or to unusual or unforeseeable circumstances or events which could not have been anticipated or avoided by NSA or its employees, agents or suppliers even with the exercise of all due care. NSA’s liability to compensate you and the amount of such compensation is subject to the following limitations:
6.4.1. In the case of damage other than death, illness or personal injury, compensation is restricted to a reasonable amount having regard to such factors as, inter alia, the course cost and the extent to which the enjoyment of your course can be said to have been affected.
6.4.2. In all cases, liability and compensation are limited in accordance with the provisions of all international conventions which concern transportation and accommodation.
6.4.3. If you suffer death, injury or illness during your course arising out of an activity which does not form part of the inclusive arrangements booked with NSA, NSA will offer assistance where appropriate and in its sole discretion. This assistance must be requested within 90 days of your misadventure and will be limited to general advice and/or assistance with legal fees up to £5,000 per booking, such contributions to be repaid to NSA out of any judgement or insurance payment you subsequently obtain.

7. Your responsibilities

7.1. You are responsible for advising NSA of details of any medical condition or allergies that you have suffered prior to the commencement of the course and of any medication that you are on that may adversely impact you while on the course. In the event that NSA in its sole discretion considers that these conditions are likely to create an unreasonable burden on the efficient conduct of the course, NSA has an absolute right to cancel your booking, in which event the cancellation provisions of clause 4.3 above will apply.
7.2. You are responsible for advising NSA should you have a criminal record or have pending any criminal charges against you. Should either of these circumstances apply, NSA has an absolute right to cancel your booking, in which event the cancellation provisions of clause 4.3 above will apply. 
7.3. General information concerning passport, visa and health requirements applicable to your course will be sought from you following receipt of your booking form. It is your responsibility to obtain all documents required for your course, to ensure that these are in proper order and to take them with you. NSA will not be liable if you fail to do so and you will be responsible for meeting any additional costs incurred by reason of such failure.
7.4. You are responsible for checking-in for flights at the correct time and for presenting yourself to take up all pre-booked components of your course. NSA cannot accept responsibility for missed flights as a result of late check-ins and no credit or refunds will be given if you fail to take up any component of your course. No credit or refund will be given for lost, mislaid or destroyed travel documents. 
7.5. You will be expected to comply with NSA’s code of behaviour, details of which can be found below these conditions. Refusal to adhere to the code can result in your being required to leave the course. In this event, (1) you undertake to leave the resort until after the end of the course and (2) you accept that you will not be entitled to any refund in respect of the cost of the course. 
7.6. In the event that your standard of skiing or snowboarding proves to be substantially different to that indicated by you on either your booking form or your pre-course questionnaire, or that due to your absence from the course, it proves impractical to include you in any of the classes arranged by NSA, the Company undertakes to discuss the situation with you but reserves the right to exclude you from course classes and to place you in classes with a general ski school. Any additional costs incurred as a result of this will be payable by you direct to the ski school.
7.7. You are responsible for looking after the property in which you will live. You will be required to provide the managers of the property where you are staying with your credit card details. In the event that the property in which you live does not suffer any damage, your card details will be destroyed following the completion of the course. In the event of damage being inflicted on the property, then you and the other course participants occupying the property will be required to pay pro rata for the damage sustained. NSA reserves the right to charge your share of these costs to your credit card.
7.8 For the purposes of the Excise Tax Act you are responsible for notifying the company if you are a Canadian resident.

8. Airlines and other suppliers

8.1. As between you and the suppliers of the transport, accommodation and other components of your course, the conditions of the supplier will apply. The availability of some facilities used within the course cannot be guaranteed as these are dependent on factors outside the control of NSA, such as weather conditions. Facilities may also close due to public holiday, festivals or routine maintenance. In these instances, no refunds can be given.
8.2. Some activities carry inherent risks and you may be asked to sign an additional form by the local supplier. In the event that you are not prepared to sign the form, the Company reserves the right to exclude you from that activity without compensation.

9. Your Financial Protection 

9.1 When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.

We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).

If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.

10. Excursions

Please note that, when you book an excursion locally, your contract is with the local company providing that excursion and not with NSA. NSA has no legal liability for anything that goes wrong on such an excursion and any claim which you might have arising out of the excursion will be against the local supplier and be subject to its terms and conditions.

11. If you have a problem

11.1. If you are unhappy with any aspect of NSA’s arrangements while on your course, you must address your complaint immediately to NSA’s senior local representative. If the problem cannot be resolved locally and you wish to complain, full details must be sent to NSA’s office in London in writing to arrive within 14 days of the problem arising. Failure to take either of these steps may deny NSA the opportunity to resolve the problem immediately and/or investigate it properly. In consequence, this may affect your rights under your contract with NSA.
11.2. In the rare event of a dispute which cannot be settled amicably, it may (if you wish) be referred to arbitration under a scheme which, though devised by The Association of British Travel Agents, is independently administered by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration of small value disputes on documents alone, with restricted liability in respect of costs. Application for arbitration under this scheme must be made within nine months of the date of return from the course but, in special circumstances, it may be offered outside this period.

12. Brochure descriptions

NSA’s brochures are produced periodically and often many months in advance of the client’s particular course. Every effort is made to ensure that the details, description and prices contained in brochures are correct, based on inspections and information passed to NSA by its suppliers. However, changes do occur, sometimes at short notice. Our website contains the latest available information.

13. General

13.1. The contract to which these conditions apply and any matter arising from it are governed exclusively by the laws of England and Wales.
13.2. Unless expressly provided otherwise, no person who is not a party to a contract to which these conditions apply shall acquire any rights there under by virtue of the Contracts (Rights of Third Parties) Act 1999.

June 2013 

Nonstop Ski & Snowboard
Office 5, 5 Argyle Street, Bath, BA2 4BA
E-mail: info@nonstopadventure.com
Tel: +44 (0)1225 632 165

Code of Behaviour

By signing our terms and conditions you have agreed to adhere to our code of conduct while on one of our courses (see clause 7.5 of our Terms & Conditions). We take the matter of the behaviour of our clients as guests within another country’s community as very important. Likewise, the decent behaviour of our clients towards each other is vital for the fun and benefit that each person gains from their season in the mountains.

We intend that you will have a brilliant time whilst on our course but being part of a large group and living in close quarters with each other means that inappropriate / anti social behaviour by one person can create an unpleasant experience for others. Everyone is expected to be as tolerant as possible but if you are concerned by someone’s behaviour it is your responsibility first to speak to the person who is bothering you. If you are unable to solve a problem amongst yourselves, your course director will be available to help mediate.

You are required to be considerate and respectful to others while staying with us.

Breaking the law whilst on a NONSTOP Adventure course will not be tolerated and could result in being thrown off the course.

An example of the type of unacceptable behaviour that could result in you being removed from the course includes:

• Any criminal activity
• Excessive deliberate damage to property
• Physical violence towards anyone whether a member of the local community or a fellow course member
• Use of illegal substances
• Snowboarding in parts of the ski area closed due to high avalanche risk
• Repeated verbal abuse towards anyone
• Theft
• Poor health – if your course director has any concerns about the state of your mental or physical health that could threaten your safety or the safety of others you will be asked to return home
• Excessive drunkenness that is threatening to you or to others may result in you being thrown off the course

In the event that a person is judged to have committed an act that is deemed to be unacceptable behaviour justifying his/her removal from the course, under the Company’s Terms and Conditions, the person concerned (1) undertakes to leave the resort until after the end of the course and (2) accepts that he/she is not entitled to any refund of the fees paid.