Booking Terms and Conditions

NEILSON ACTIVE HOLIDAYS LIMITED

These booking conditions (the "Booking Conditions") set out the terms on which Neilson Active Holidays Limited (“Neilson”, "we", "us" or "our") agree to sell travel arrangements and package holidays to you. The Booking Conditions which apply to your booking will vary depending on the type of booking you have made with us. We act in the following capacities:

(a)    For the vast majority of bookings, we are a package organiser in relation to ski and summer package holidays. These package holidays consist of a combination of travel arrangements, such as transport, accommodation and tourist services (a “Package Holiday”). For the majority of Package Holiday bookings, your contract shall be with Neilson. However, where you book a Package Holiday which includes ski equipment, lift passes and ski school (“Ski Extras”), this will be a “multi-contract” Package Holiday, and we will enter you into a separate contract with the provider(s) of the Ski Extras. Neilson is still the package organiser for your booking, but your contract for the Ski Extras shall be with the third-party provider of the Ski Extras who will be named on your confirmation invoice (the “Supplier/Principal”). Where different terms apply to your Ski Extras booking, we will make that clear in these Booking Conditions. For all Package Holiday bookings, you will benefit from additional rights under the Package Travel and Linked Travel Arrangements Regulations 2018. For further information on the key legal rights applicable to Package Holidays, please click here . 

(b)    You are also able to make a single-component accommodation booking with us (“Accommodation Only”). For Accommodation Only bookings, your contract is with Neilson, but since this is not a Package Holiday booking, you will not benefit from some of the rights afforded to Package Holidays bookings. Where different terms apply to your Accommodation Only booking, we will make that clear in these Booking Conditions. 

(c)    Where you book a holiday which includes a yacht charter (a “Sailing Holiday”), a number of important additional terms and conditions apply to your booking. See clause 19 for further details. 


1.    YOUR RELATIONSHIP WITH NEILSON ACTIVE HOLIDAYS 

1.1.    Your booking is with Neilson Active Holidays Limited, a company registered in England and Wales under company number 02987304 and whose registered office is at Locksview, Brighton Marina, Brighton, East Sussex, BN2 5HA. 

1.2.    For sales queries, please contact us by telephone on +44 (0)333 014 3351 or email to sales@neilson.com Where you wish to make changes to an existing booking, please email admin@neilson.com Alternatively, if your matter is in respect to a complain about your holiday, you can contact our customer service team at +44 (0)333 014 3351 or by writing to us at the postal address in clause 1.1 or by email to guestservices@neilson.com

1.3.    Please read these Booking Conditions carefully before booking with us.  If there is anything within these Booking Conditions that you do not understand, then please contact us at the details given in clause 1.2 above to discuss what this means for you.  If you do not agree to these Booking Conditions you must not make a booking with us.

1.4.    The lead name on the booking will be the person responsible for the booking (the "Lead Name"). The Lead Name shall be responsible for making all payments, for making any amendment and cancellation requests, for paying any additional charges in relation to the booking and for all other matters concerning the booking.  The Lead Name must be at least 18 years old at the time of booking. References in these Booking Conditions to “you” and “your” mean the Lead Name and all persons named on the booking (including anyone who is added or substituted at a later date) or any of them.

1.5.    The Lead Name must ensure and hereby confirms that the details provided for all parties to the booking are full and accurate, that all parties agree to be bound by these Booking Conditions and that the Lead Name has the authority to accept and does accept these Booking Conditions on behalf of all persons in the booking.  The Lead Name agrees to check all descriptions on the travel documentation received after booking and to inform us immediately of any errors or instances where personal details do not correspond with those shown on the passports of those travelling under the booking.

2.    YOUR CONTRACT

2.1.    Our acceptance of your booking will take place when we send you a booking confirmation email that will confirm the details of your booking and unique reference number. At this point, a contract will come into existence, as follows:

(a)    For Package Holidays which don’t include Ski Extras and Accommodation-Only Bookings: your contract will be with Neilson, governed by these Booking Conditions. 

(b)    For Package Holidays which include Ski Extras: your contract for the Ski Extras will be with the Supplier/Principal of the Ski Extras and will be governed by both these Booking Conditions and the Supplier/Principal’s terms and conditions. Where there is any conflict between these Booking Conditions and the Supplier/Principal’s terms and conditions, the Supplier/Principals terms and conditions shall take precedence to the extent of the conflict. Your contract for the accommodation, transport arrangements and other tourist services (other than Ski Extras) will be with Neilson. 

2.1.2.    If your confirmed booking includes a flight, we will also issue you with an ATOL Certificate. It is your responsibility to check the booking confirmation, ATOL Certificate and any other documents we send you carefully and to let us know immediately in the event of any error or inaccuracy, as it may not be possible to make changes later. Please ensure that the names on the booking confirmation exactly match the names as spelt in your passport.  

2.2.    We shall be under no obligation to issue a booking confirmation after you have placed a booking with us.  We will not issue such a confirmation if we discover an error in the pricing of the travel arrangements (see clause 4 below) or if the travel arrangements (or any part of them) are no longer available. If this happens, we will inform you of this and not process your booking further. We will then arrange for you to be refunded any part of booking already paid, unless you decide to use that payment towards a different booking. 

 3.    LAW & JURISDICTION

3.1.    These Booking Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of them, their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. 

3.2.    You and we both agree that the courts of England and Wales will have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Booking Conditions or their subject matter or formation. However, if you live in Scotland, you can bring legal proceedings in respect of your booking in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of your booking in either the Northern Irish or the English courts.

4.    PRICES

4.1.    We may change the advertised price of any travel arrangements from time to time. We try hard to make sure that the advertised price is the most up-to-date price, but prices can change at short notice.  We will confirm the actual price at the time of booking.

4.2.    We advertise a large number of travel arrangements on our website and sometimes errors do occur. If there is a mistake, and the actual price is lower than that given at the time of booking, we will only charge you the lower amount. If the price is higher, we will contact you for instructions or reject your booking (at our sole discretion) and notify you of this so that you can decide what you would like to do.

4.3.    If we accept and process your booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel your booking and refund you any sums you have paid.

4.4.    The price of the travel arrangements includes all government taxes as applicable at the time of booking that do not have to be paid locally. Those that have to be paid locally by you are extra and are your responsibility (such as international airport departure tax or local resort taxes). 

4.5.     We reserve the right to increase the price of your confirmed booking solely to allow for increases which are a direct consequence of changes in:

(a)    The price of the carriage of passengers resulting from the cost of fuel or other power sources;
(b)    The level of taxes or fees applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and
(c)    The exchange rates relevant to the holiday.

If this means that you have to pay an increase of more than 8% (10% for Accommodation Only bookings) of the total price of your confirmed booking, then you will have the option of accepting a change to another holiday if we are able to offer one (if this is of a lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us.

We will give you a reasonable period of time to make your decision, which will usually be 7 days from notification of the price increase.  If we do not hear from you within this timeframe, we shall send a reminder to you, following which we shall be entitled to cancel your booking and provide you with a refund.

Should the price of your booking go down due to the changes mentioned above, then any refund due will be paid to you less an administration fee of £50 per person. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your booking due to contractual and other protection in place.

There will be no change made to the price of your confirmed booking within 20 days of your departure nor will refunds be paid during this period.

5.    PAYMENT 

5.1.    When you make your booking, you will be advised at the time what payment is required for your particular arrangements. You will be presented with 3 payment options: our standard payment terms, which consist of a deposit and balance arrangement (see 5.2.1 and 5.2.2) or a full balance payment (see 5.2.3); a low deposit option (see 5.3); or a payment plan option (see 5.3) outlined below. 

5.2.    Standard Payment Terms. 

5.2.1.    In order to make a booking with us, you must pay a minimum deposit amount of £250 per person for ski holiday bookings or 25% of the total holiday price for summer bookings.  The deposit may be higher for certain types of bookings and the exact deposit amount will be notified to you at the time of booking.

5.2.2.    If you have paid a deposit, the balance of the cost of your booking is payable no later than 12 weeks before your date of departure, unless you are informed otherwise at the time of booking. If you fail to pay the balance by the due date, we are entitled to assume that you wish to cancel your holiday, in which case the cancellation charges at clause 8 shall apply.

5.2.3.    If you make a booking within 12 weeks of departure (or such other period as may be advised at the time of booking), you must make payment of the full amount at the time of booking. 

5.3.    Low deposit payment terms.

5.3.1.    For certain bookings, we offer the opportunity to spread the payment of the deposit by allowing customers to make a part-payment of the deposit upon booking (“Initial Low Deposit”) and then pay the balance of the deposit (“Deposit Balance”) at a later date. You will be advised, at the time of booking, whether or not a low deposit option is available to you and if so, the date by which the Deposit Balance is payable. However, please note that if you cancel your booking (except where such cancellation is in accordance with clause 8.9), you are liable to pay both the Initial Low Deposit and the Deposit Balance as a cancellation charge, even if you haven’t paid the Deposit Balance at the time cancelling your booking. As such, if you fail to pay the Deposit Balance or if you cancel your booking prior to payment of the Deposit Balance we will be entitled to retain the Initial Deposit already received and, in addition, the Deposit Balance will become immediately payable to us and you agree that we may charge this amount to the debit/credit card used by you to pay the Initial Low Deposit.

5.4.    Payment plans.

5.4.1.    For certain bookings, where you book directly with us, we offer the opportunity to spread your holiday cost over monthly instalments debited from your credit or debit card up to 28 days prior to departure, as detailed on your booking confirmation. This will be offered provided there is adequate time between booking and departure date. By agreeing to a payment plan, you agree that we may charge the amount of each payment to the debit/credit card used to pay the Initial Deposit in addition to any cancellation charges, if applicable. 

5.4.2.    In selecting to pay via a payment plan, you will benefit from a lower “Initial Deposit” of 10% (or £100pp on ski bookings) compared to our “Standard Deposit” (25% on summer bookings and £250pp on ski bookings). Please note that if you choose to cancel your booking (except where such cancellation is in accordance with clause 8.9), reference to loss of deposit in our cancellation terms means the Standard Deposit is applicable.  

5.4.3.    Please note that we will treat your booking as cancelled by you if you do not make your final payment on or before the due date or do not keep up with the monthly payments in accordance with your payment plan set out in the booking confirmation and impose the cancellation charges in accordance with clause 8 of these Booking Conditions.

5.4.4.    Please note that a payment plan is not available for bookings made through an authorised travel agent.

5.5.    Payment methods. 

5.5.1.    We accept the following payment cards; Maestro, Delta, Solo, Visa and Mastercard as well as payment by direct bank transfer using BACS or CHAPS.

5.6.    Partner membership discounts. Where applicable, discounts will be applied to the advertised basic holiday price. The discount does not apply to any optional extras or services added to the booking. The offer cannot be applied retrospectively and Neilson reserves the right to withdraw this offer or change the level of the discount at any time. You must have a valid membership applicable to the relevant partner which commenced at least one month before the date of booking to be entitled to the discount. The discount is valid for a maximum of four people per booking per membership number (family memberships count as one membership number). For bookings over four people, the discount will be applied to the four people with the lowest cost. You must quote your membership number at the time of quote/booking, and the membership holder must travel.

6.    PAYMENTS TO AND COMMUNICATIONS WITH TRAVEL AGENTS

6.1.    If you book an ATOL-protected Package Holiday through one of our authorised agents, payment accepted by our agent from you is held by the agent on behalf and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail.  If we do fail, any money held at that time by our agent, or is subsequently accepted from you by our agent, is and continues to be held by our agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.  

6.2.    When you buy a Package Holiday not including a flight or Accommodation Only, all monies you pay at the time of booking to any authorised travel agent of ours through whom you make your booking will be held by them on your behalf until we issue a booking confirmation to the travel agent. After a booking has been confirmed, all payments made to that authorised travel agent will be held by the agent on our behalf from receipt PROVIDING they are only paid to the agent immediately prior to the applicable balance due date (as shown on your booking confirmation). Payments must only be made to the travel agent in sufficient time for them to be paid to us by balance due date and not earlier even if your travel agent asks you to do so.

6.3.    Any authorised travel agent of ours through whom you make a booking will relay information from you to us and vice versa. For the purposes of compliance with time limits or limitation periods as set out or referred to in these Booking Conditions, receipt by such an authorised travel agent of messages, requests or complaints intended for us will be treated as receipt by us. However, we are not responsible for any advice given to you by your travel agent that did not originate from us.

7.    IF YOU WISH TO MAKE A CHANGE TO YOUR CONFIRMED BOOKING 

7.1.    If after we have issued you with a booking confirmation you wish to make an amendment to the booking, please contact us at the email address set out in clause 1.2 above. Any notice of amendment must be given by the Lead Name on the booking. We will check whether the amendment can be made. If the amendment is possible, we will let you know about any changes to the price of the booking or anything else which would be necessary as a result of your requested amendment and ask you to confirm whether you wish to go ahead with the amendment. If we cannot make the amendment or the consequences of making the amendment (such as an increased price) are unacceptable to you, you may want to cancel your booking (see clause 8 – If you wish to cancel your holiday).

7.2.    Where your requested amendment can be met and notice is given more than 84 days before departure, you must pay all costs and charges incurred or imposed by any of our suppliers together with an amendment fee of £50 per amendment per person before the amendment can be made. The maximum amendment fee for non-flight changes we will charge you in one request is £500 per booking.

7.3.    Where your requested amendment can be met but notice is given 84 days or less before departure, cancellation charges will be applied in accordance with clause 8.3 and added to the cost of your amended booking. 

7.4.    Please note that certain suppliers of arrangements within your holiday booking (such as airlines) may not allow changes or transfers after the booking has been confirmed and any change could incur a cancellation charge of up to 100% of that part of the arrangements and require you to re-book.

7.5.    Ski Extras. Where your booking includes Ski Extras, amendments to the Ski Extras element(s) of your booking can only be made in accordance with the Supplier/Principal’s terms and conditions. If the amendment is possible, we will let you know about any changes to the price of your booking or anything else which would be necessary as a result of your requested amendment and ask you to confirm whether you wish to go ahead with the amended booking. We will endeavor to make these changes where possible without charge but this will be subject to the amount of notice we are given to enact the change and the Supplier/Principal’s terms and conditions. If the Supplier/Principal cannot make the amendment or the consequences of making the amendment (such as an increased price) are unacceptable to you, you may want to cancel your booking (see clause 8). Where your requested amendment can be met, you must pay all costs and charges incurred or imposed by the Supplier/Principal together with an administration fee of £50 per person per amendment before the change can be made.

7.6.    Package Holidays. Where you have booked a Package Holiday, you have the right to transfer your place on the Package Holiday to another person (introduced by you), subject to compliance with the following conditions:
(a)    the person to whom you are transferring your place satisfies all conditions applicable to the holiday;
(b)    requests for a transfer must be made to us in writing at least 7 days before the start of your Package Holiday and must be accompanied by the name and other applicable details of the person who will replace you;
(c)    if any deposit and/or balance (including any instalments) of the Package Holiday price is due but has not been paid when the transfer request is made, this must be paid in full before the transfer can be made. Any additional payment amount outlined in 7.2 or that our suppliers require to effect the change (if the transfer can be made) will also be payable. Please note, in some cases suppliers such as airlines treat name changes as a cancellation, levying cancellation charges and requiring payment for a new ticket. These charges must be paid by you before any change can be made; and
(d)    the transferee agrees to these terms.
(e)    You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, you can choose to cancel your booking and the cancellation charges as set out in clause 8 will apply. Otherwise, no refunds will be given for customers not travelling or for unused services.

8.    IF YOU WISH TO CANCEL YOUR BOOKING BEFORE DEPARTURE

8.1.    You, or a member of your party, may cancel your confirmed booking at any time by giving us written notice by an email properly addressed to the email address set out in clause 1.2 above, or to your travel agent. Any such notice of cancellation must be given by the Lead Name on the booking. We will apply charges from the date the written cancellation notice is received by us or your travel agent.

8.2.    As we have incurred costs in relation to a cancelled booking (including, without limitation, charges which are imposed on us by the third party suppliers), you will be charged a cancellation fee per person as specified in the table at clause 8.3, which reflects the losses and costs which we incur in cancelling the booking.

8.3.    Table of Cancellation Changes

8.4.    Should one or more members of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.

8.5.    Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the holiday in addition to the charge above.

8.6.    If any member of the booking cancels and you cannot fill that person’s place, you may have to pay additional supplements for your travel arrangements. For example, you may have to pay for single or under-occupancy supplements for your accommodation. If you choose to cancel because of this, you must still pay any insurance premiums and amendment charges which arose before the cancellation and any deposits paid for any pre-booked items or services.

8.7.    If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

8.8.    We will deduct the cancellation charge(s) from any monies you have already paid to us.

8.9.    Ski Extras. Where your booking includes Ski Extras, cancellation of the Ski Extras element(s) of your booking can only be made in accordance with the Supplier/Principal’s terms and conditions, and the Supplier/Principal’s cancellation charges shall apply.

8.10.    Package Holidays. You have the right to cancel your confirmed Package Holiday before departure without paying any cancellation charges in the event of Unavoidable and Extraordinary Circumstances (as defined in clause 12) occurring at the place of destination or its immediate vicinity which significantly affect the performance of the holiday or significantly affect the carriage of passengers to the destination. If you cancel in these circumstances, we shall provide you with a full refund of any monies you have paid for your Package Holiday, but you will not be entitled to compensation. Please this note that this cancellation right does not apply to Accommodation Only bookings.

8.11.    No cooling off period: Please note that you do not have a legal right to change your mind and cancel your holiday within 14 days and receive a refund.  This right, under the Consumer Contracts Regulations 2013, does not apply to travel arrangements or package holidays.

9.    IF WE MAKE A CHANGE TO YOUR BOOKING

9.1.    As the arrangements which make up your Package Holiday and Accommodation-Only bookings are planned many months in advance, from time to time we may need to make a change to your confirmed booking.  We reserve the right to do so at any time. Most changes are minor changes, however, occasionally we have to notify customers of a significant change that we are constrained to make to the main characteristics of the holiday, or where we cannot fulfil any of your special requirements which we have accepted.

9.2.    In the unlikely event that we have to make a significant change to your confirmed booking, we will tell you as soon as reasonably possible. You will then have the option to:
(a)    accept the proposed change. If this results in a booking of lower quality or cost, we will refund you the difference in price; or
(b)    reject the proposed change and cancel your confirmed booking, in which case we will provide you with a full refund of all monies paid; or 
(c)    reject the proposed change, cancel your booking and take a substitute one if we are able to offer one. If you decide to take substitute travel arrangements, we will inform you of its impact on the price of your booking.  If the alternative is of a lower quality or cost, we will refund you the difference in price.
  
9.3.    We will give you a reasonable period of time to make your decision, which will usually be 7 days from notification of the proposed change.  If we do not hear from you within this timeframe, we shall send a reminder to you, following which we shall be entitled to cancel the booking and provide you with a refund.

9.4.    If you decide to reject the proposed change and cancel your booking with a full refund of all monies paid, you may also be entitled to compensation in accordance with clause 11 below.

9.5.    We will not give you any of the above options in the event that a change to the confirmed booking is a minor change. Please note that a change of flight time of less than 12 hours, a change of airline or aircraft (if originally identified), a change of departure or destination airport to one within the same region, or a change of accommodation to another of the same or higher standard usually qualify as minor changes.

9.6.    Post-departure changes: If we become unable to provide a significant proportion of the travel arrangements that you have booked after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.

10.    IF WE HAVE TO CANCEL YOUR BOOKING

10.1.    On rare occasions, we may have to cancel your confirmed booking and we reserve the right to do so.  If we have to do so, we will notify you as soon as possible.  We will also offer you substitute travel arrangements if we are able to do so and inform you of its impact on the price of your booking.  If the substitute booking is of a lower quality or cost, we will refund you the difference in price.  If we cannot offer you a substitute, or if you would prefer to cancel, we will provide you with a full refund of any payments by you.

10.2.    You may be entitled to compensation as a result of our cancellation of your booking in accordance with clause 11 below.

11.    COMPENSATION

11.1.    In the event we make a significant change or cancel your confirmed travel arrangements and you choose to cancel your booking, in addition to a full refund of all monies paid by you, we will, subject to clause 11.2, pay you compensation as detailed in the table below. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

11.2.    We will not pay you compensation where we have to cancel your booking as a result of your failure to make full payment on time; where the change or cancellation arises out of changes to the confirmed booking requested by you; or where we are forced to cancel or change your booking due to Unavoidable and Extraordinary Circumstances (as defined in clause 12).

11.3.    Table of Compensation amounts
 

12.    UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES 

12.1.    In these Booking Conditions, where we refer to Unavoidable and Extraordinary Circumstances, it means a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken. 

12.2.    This may cover for example an outbreak of war or other serious security problems such as terrorism, significant risks to human health such as the outbreak of a serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the destination as agreed in the package travel contract.

13.    OUR RESPONSIBILITY FOR THE PERFORMANCE OF YOUR HOLIDAY

13.1.    Accommodation Only Bookings. We have a responsibility to use our reasonable skill and care in the selection of accommodation providers. The accommodation is not owned by us but by independent third parties. Providing we have selected the accommodation with reasonable skill and care, we are not responsible for the actual accommodation, for the performance of any accommodation related or other services or for the acts or defaults of the accommodation owners, operators or managers or any supplier, employee, agent, contractor or other third party who provides any services. This exclusion does not apply to our own employees providing they were at the relevant time acting within the course of their employment, or properties operated by Neilson. For all properties operated by Neilson, we have a duty to provide the accommodation with reasonable skill and care. 

13.2.    Package Holiday Bookings. 

13.2.1.    We will accept responsibility for your Package Holiday as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 as set out in this clause 13. This means that we are responsible for the proper provision of the travel services included in your Package Holiday, as set out in your confirmation invoice. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your Package Holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in your Package Holiday. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which our or our employees’ or suppliers’ negligence affected the overall enjoyment of your Package Holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.

13.3.    Many of the services which make up your Package Holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.

13.3.1.    Where it is impossible for you to return to your departure point as per the agreed return date of your Package Holiday due to Unavoidable and Extraordinary Circumstances (as defined in clause 12), we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period of up to three nights per person. Please note that the 3-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your Package Holiday.

13.3.2.    If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees, or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to these terms, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance if the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.  

13.4.    All Bookings. 

13.4.1.    We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
(a)    The acts and/or omissions of the person affected; or
(b)    The acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
(c)    Unavoidable and Extraordinary Circumstances (as defined in clause 12).

13.4.2.    We cannot accept responsibility for:
(a)    any services that do not form part of our contract with you. This includes, for example, any additional services or facilities that the hotel or any other supplier agrees to provide for you where the services or facilities are not advertised on our website as forming part of your holiday arrangements and we have not agreed to arrange them as part of our contract with you, and any excursions/activities you purchase while away;
(b)    any damage, loss, expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not reasonably have foreseen you would suffer or incur if we breached our contract with you, or which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers;
(c)    any expenses or losses that relate to or arise from any business (including without limitation, self-employed loss of earnings), or any indirect or consequential loss of any kind.

13.4.3.    We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or for fraud or fraudulent misrepresentation.

13.4.4.    We limit the amount of compensation we may have to pay you if we are found liable to you, as follows:
(a)    Loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
(b)    Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times the price paid (up to twice the price paid for Accommodation Only bookings) by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
(c)    Claims in respect of international travel by air, sea and rail, or any stay in a hotel:
(i)    The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.
(ii)    In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
(iii)    When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.

13.4.5.    It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these Booking Conditions.

13.4.6.    Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.

13.4.7.    Excursions sold in resort. Excursions, activities or other tours (“Excursions”) that you may choose to book or pay for whilst you are on holiday, including those booked through one of our representatives, are not part of your Package Holiday and this is a separate booking made by you. In relation to Excursions, we act in two capacities:

(a)    Excursions operated by third parties: We act as an agent in the sale of all Excursions booked by you in resort which are operated by third parties, and where we collect payment for these Excursions, we do so as an agent on behalf of the third party operator of the Excursion. Your contract will be with the third party operator of the Excursion and not with Neilson. We are not responsible for the provision of the Excursion or for anything that happens during the course of its provision by the operator.
(b)    Excursions operated by Neilson: where you book an Excursion operated by Neilson, your contract will be with Neilson and we will be responsible for the providing you with the Excursion. However, the Excursion does not form part of your Package Holiday with Neilson, and it is a separate booking between you and us. 

14.    COMPLAINTS

14.1.    If you have a complaint about your travel arrangements whilst you are on holiday, you must tell the supplier. You must also contact our resort team at the destination or contact us using the contact details in clause 1.2. That will put you in contact with one of our employees who will take all reasonable steps to help you. It is only if you do this that we have the opportunity to put matters right whilst you’re still on holiday.

14.2.    If you have a complaint or claim that you wish to pursue, please write to us within 28 days of your return to the United Kingdom. Your complaint or claim will be investigated, and a full reply sent to you as soon as possible. As our investigations often involve obtaining information from overseas, it may take a few weeks.

14.3.    Where your booking includes Ski Extras, we will pass your complaint on to the Supplier/Principal. Since we act as an agent on behalf of the Supplier/Provider, we are not responsible to you for any refunds or compensation payments and nor can these be made without the Supplier/Principal’s authorisation.

15.    INSOLVENCY PROTECTION

15.1.    The Package Travel and Linked Travel Arrangements Regulations 2018 require us to provide security for the monies that you pay for your Package Holiday and for your repatriation in the event of our insolvency. We also voluntarily protect our Accommodation-Only bookings.

15.2.    For flight-inclusive Package Holidays, we provide this protection by way of our ATOL number 10794 issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: claims@caa.co.uk.

15.3.    When you buy an ATOL protected Package 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.

15.4.    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 (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.

15.5.    The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to customers who book and pay in the United Kingdom. For further information, visit the ATOL website at https://www.caa.co.uk/home/.

15.6.    We provide financial protection for Package Holidays which don’t include flights and Accommodation-Only bookings, by way of a bond held with the Association of Bonded Travel Organisers Trust Limited (ABTOT) of 7th Floor, 69 Leadenhall, London, EC3A 2BG, membership number: 5487. In the unlikely event of our insolvency, ABTOT will arrange for you to receive a refund and, if your Package Holiday includes transport to and from the UK, for you to be repatriated. In this case, if already abroad, you will be returned to the point where your Package Holiday with us commenced. You can find out more about ABTOT here: https://www.abtot.com/. In the unlikely event that you require assistance whilst abroad due to our financial failure, please call ABTOT’s 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company.

16.    FLIGHTS & TRANSPORT ARRANGEMENTS

16.1.    No liability for delays to flights other transport. Air, rail, road and other departure times are supplied by the carriers. They are subject to, inter alia, air traffic control restrictions, weather conditions, the need for maintenance and the ability of passengers to check in on time. We do not have any liability to you for any delays that may arise (including any at your international departure airport). We will provide you with information and advice to the extent we are in a position to do so. Where applicable, the airline is responsible for providing any assistance as is legally required by EC 261/2004 (denied boarding and flight disruption) (see clause 16.4 below). Otherwise, any arrangements in the event of a delay will be at the sole discretion of the airline or other carrier involved.

16.2.    Community list. In accordance with EU Directive (EC) No 2111/2005, we are required to bring to your attention the existence of a ‘Community list’ that contains details of air carriers that are subject to an operating ban within the EU Community.  The Community list is available for inspection at http://ec.europa.eu/transport/modes/air/safety/air-ban_en.  

16.3.    Change of carrier. We are also required to advise you of the carrier(s) (or, if the carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible. We are not always in a position at the time of booking to confirm flight timings. The flight timings shown on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. The latest timings will be shown on your tickets that will be despatched to you approximately two weeks before departure.  You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been despatched – we, or the airline, will contact you as soon as possible if this occurs. Any change in the identity of the carrier, flight timings, and / or aircraft type (if given) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these terms. If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above and we / the carrier are unable to offer you a suitable alternative, the provisions of clause 9 will apply.

16.4.    If your flight is cancelled or delayed.  If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, depending on the circumstances, the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with accommodation and/or refreshments under EC Regulation No 261/2004 (denied boarding and flight disruption). Where applicable, you must pursue the airline for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to EC261 or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under EC261. If, for any reason, we make any payment to you or a third party which the airline is responsible for in accordance with EC261 or otherwise, you must, when requested, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that payment. If your airline does not comply with these rules you may use the CAA Passenger Advice and Complaints Service. See https://www.caa.co.uk/Passengers/Resolving-travel-problems/ for further details.

16.5.    Advance Passenger Information. A number of governments are introducing new requirements for air carriers to provide personal information about all travellers on their aircraft to the authorities before the aircraft leaves the UK. The data will be collected either at the airport when you check in or in some circumstances when, or after you make your booking. Accordingly, you are advised to allow extra time to check in for your flight. Where we collect this data, we will treat it in accordance with our privacy policy.

17.    ACCEPTANCE OF RISK

17.1.    As with all sporting activities, the nature of the trips we provide and the activities you may choose to participate in, involve a degree of personal risk. By making your booking, you recognise that many activities, such as biking, sailing, diving, water skiing and skiing are activities with a danger of personal injury or death. Due to rough terrain and uneven surfaces on land and the dangers associated with the sea and seabed, the natural environment can, at times, be hazardous. By entering a contract with us (or in the case of Ski Extras, by entering into a contract with the relevant Supplier/Principal), you accept these risks and responsibility for your own actions. 

17.2.    Although we or our suppliers may provide instructions and tuition to you as part of the arrangements you book, which will assist in minimising these risks, your booking is accepted on the basis that you understand and accept the risks involved in physical activities. If at any time you feel uncomfortable or unprepared to take part in or carry on with any activity, any instructor should be advised immediately. You are under no obligation to take part in or complete any activity. 

17.3.    We will endeavour to ensure that reasonable, practicable and proportionate precautions are taken during your holiday to manage the risks associated with Covid-19 (or such other epidemic or pandemic) to the extent that services are under our control and it is possible for us to do so. However, please bear in mind that these risks cannot be eliminated. It is your responsibility to take such steps as you consider to be appropriate to protect your health.

17.4.    With regard to watersports and other activities, we and our resort partners have a team of experienced staff who supply various watersports and other activities to our customers, and they will organize and limit the watersports and activities according to weather conditions and the customer’s ability and experience. We and resort partners reserve the right in our absolute discretion to refuse any customer’s request to participate in watersports and other activities at times or during conditions where our staff consider the safety of the customer would be jeapordized). Our team’s supervision does not exempt any customer from their responsibility of inspecting their equipment before use and limiting their own risk of accident or injury whilst using the equipment. We therefore accept watersports & activities bookings on condition that each customer accepts responsibility for any injuries suffered unless these arise from our proven negligence. This condition equally applies to the use of safety equipment, such as buoyancy aids, which are worn at all times on/in the water and bike helmets which are to be worn on all bike rides. It is a condition of booking that all customers wishing to participate in watersports are water confident and could swim 25m in a buoyancy aid.

18.    YOUR RESPONSIBILITIES 

18.1.    Travel insurance. 

18.1.1.    It is a condition of our accepting your booking that all persons travelling are covered by appropriate travel insurance. You must purchase travel insurance prior to or at the time you make your booking, so that you have cancellation protection, and not just prior to your departure. Your travel insurance must include cover in the event that you have to cancel for a reason outside your control prior to departure, for any medical expenses you may incur whilst away (including repatriation in the case of medical need) and for the activities which you may participate in during your holiday. 

18.1.2.    Please visit our holiday extras page for further details of our preferred travel insurance partner Campbell Irvine, with policies underwritten by Allianz who are a leading travel insurer, should you need an appropriate policy. We will not be liable for any claim, liability, loss or expense which we could reasonably expect to be covered by travel insurance. Neilson Active Holidays is an Unregulated Introducer of Campbell Irvine Ltd who are authorised and regulated by the Financial Conduct Authority. This can be checked on the FCA's register by visiting the FCA's website at www.fca.org.uk or by contacting them on 0800 111 6787.

18.1.3.    Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs (including, for example, any pre-existing medical condition). We are not in a position to check the suitability of travel insurance policies which is your sole responsibility.

18.1.4.    Where you have booked a Sailing Holiday, additional terms and condition apply. See clause 19 for further information. 

18.2.    EHIC/GHIC. Existing issued EHIC (European Health Insurance Cards) remain valid until they expire even though the UK has left the EU. When your EHIC expires, or if you haven’t had an EHIC, you can apply for a GHIC (Global Health Insurance Card) providing you are eligible for one. A GHIC provides the same cover as an EHIC. However, both EHIC and GHIC provide only limited access to healthcare whilst you are outside the UK which also varies from country to country. They also provide no cover in the event that you require medical repatriation to the UK. Neither an EHIC nor a GHIC offer comparable protection to travel insurance and are not a substitute for travel insurance. Accordingly, you must purchase appropriate travel insurance. For more information, visit https://www.nhs.uk/using-the-nhs/healthcare-abroad/apply-for-a-free-uk-global-health-insurance-card-ghic. 

18.3.    Travel advice. For up-to-date travel advice from the UK government, visit www.gov.uk/foreign-travel-advice and https://travelaware.campaign.gov.uk. We recommend that you consult these websites before booking in order to make an informed decision about your chosen destination, and again before departure.

18.4.    Behaviour. You are expected to conduct yourself in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our or the supplier’s opinion or in the opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking immediately with no further liability to you.  You and/or your party may also be required to pay for loss and/or damage caused by your actions and you and each member of your party will be jointly and individually liable for any damage or losses caused. Full payment for any such damage or losses must be paid directly to the supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us because of your actions together with all costs we incur in pursuing any claim against you. Additional terms and conditions apply where you have booked a Sailing Holiday with us – please see clause 19. 

18.5.    Passports & Visas. 

18.5.1.    It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your trip. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change, and you must check the up to date position in good time before departure. Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. We do not accept any responsibility if you cannot travel or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.

18.5.2.    Please note that in certain circumstances (including but not limited to in the event of any epidemic or pandemic), entry restrictions can be imposed at a destination with little or no notice and which may affect your ability to travel to or enter the destination. You must ensure you have sufficient travel insurance to cover any losses you incur as a result, including cancellation charges, as we will not be liable to you for any losses you incur in these circumstances.

18.6.    Special requests. It is your responsibility to notify us of any special requests at the time of booking e.g. dietary conditions, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. We will pass your request on to the supplier but we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. 

18.7.    Health & Fitness, Disabilities and Medical Conditions. 

18.7.1.    Many of the activities you can book through us require a certain degree of physical fitness. It is your responsibility to ensure that you have the levels of fitness required for any particular activity that you choose to take part in. If you are in any doubt please consult your GP before departure. We, or the suppliers or operators of any activity, have an absolute right at any time (including after an activity has commenced) to prevent you from undertaking or continuing to participate in any particular activity if we or they reasonably believe that you do not possess the necessary levels of fitness. In such circumstances, no compensation, refunds or expenses will be payable.

18.7.2.    Our trips may not be suitable for people with certain disabilities, medical conditions or significantly reduced mobility. Before you make your booking, we will advise you as to whether the proposed travel arrangements are generally suitable for someone with reduced mobility. However, reduced mobility of course means different things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause of disability.

18.7.3.    You must provide us with full details of any existing medical or physical condition or factor (including unusual height or weight), disability or reduced mobility issue applicable to anyone on your booking which is likely to affect your receipt of the travel arrangements or your ability to take part in some or all of the activities forming part of your holiday activities, as well as any accommodation requirements or difficulties that may be encountered in accessing buildings or facilities, at the time of booking. You must also promptly advise us if any medical condition, disability or reduced mobility which is likely to affect your holiday deteriorates or develops after your booking has been confirmed. If in our reasonable opinion, your medical condition, disability or reduced mobility is such that we are unable to offer suitable travel arrangements and/or activities for you (after taking account of the assistance which can be provided by someone travelling with you), we may be unable to accept your booking or you may not be able to participate in certain activities. We will of course discuss the situation and your particular requirements with you and do our best to find a suitable solution if we can.

18.7.4.    Please ensure that you obtain confirmation in writing that any disability/medical condition/mobility related special request will be complied with (where it is possible for us to give this) where this is essential for your Holiday arrangements. Any special request which we have accepted will be specifically confirmed as accepted on your booking confirmation.

18.7.5.    If you do not give us all relevant details of any medical condition, disability or reduced mobility issue which is likely to affect your holiday arrangements at the time of booking and/or promptly after its development or deterioration after booking, we must reserve the right to cancel your booking when we become aware of all relevant details if, in our reasonable opinion, the holiday arrangements booked are not suitable for you (after taking account of the assistance which can be provided by someone travelling with you). If we cancel in these circumstances, cancellation charges as set out in clause 8 will be payable by the person concerned.

18.7.6.    Additional terms and conditions apply where you have booked a Sailing Holiday. See clause 19 for further details. 

19.    SAILING HOLIDAYS

19.1.    A number of additional terms and conditions apply when you book one of our Sailing holidays, which includes a Stay and Sail Holiday (referred to in these terms and conditions as a Sailing Holiday). References in these additional terms and conditions to the ‘yacht charter’ means that part of your agreement with us which relates to the sailing element of your Sailing Holiday as well as the specific yacht charter party agreement which is referred to in ‘Local Greek Legal Requirements’ below.

19.2.    QUALIFICATIONS. In order to take charge of your own yacht, your designated skipper must have one of the qualifications referred to in this clause and another member of your party must have enough experience to be able to take charge of the boat and complete a man overboard procedure. It is a requirement of every booking which includes a yacht charter that you provide accurate and complete information regarding your sailing qualifications. In the event that any information provided is materially inaccurate or incomplete, we have the right to terminate your yacht charter (in which case cancellation charges will apply and no refunds will be made) or insist that a member of staff sails on your yacht as skipper, the cost of which will be borne by you. Please note, we are not obliged to provide a skipper in this situation and may not have a member of staff available in any event in which case the yacht charter will be terminated. If you hold RYA (Royal Yachting Association) Yachtmaster, RYA Coastal Skipper or RYA Day Skipper qualifications, you must apply for a UK ICC (International Certificate of Competence) issued by the RYA and bring this with you on holiday in addition to your RYA certificate. All original certificates must be taken with you on the yacht. You will not be allowed to take charge of your yacht unless we are satisfied that at least two members of your party meet our qualification and experience requirements and have the original documentation with them to prove this. We are also entitled, in our reasonable discretion, to refuse to allow any party to take a yacht out where we have any material safety or competence concerns and to terminate their use of the yacht and the yacht charter at any time on this basis. We are also entitled to terminate the yacht charter in the event that there is a material breach of any of the requirements referred to in this section. Cancellation charges will apply as set out in clause 8 and no refunds will be made where the yacht charter is terminated.

19.3.    AGE RESTRICTIONS. It is a legal requirement that all yachts must have at least two adults over eighteen years of age aboard at all times whilst at sea and that all persons aboard whilst at sea must be named on the ship’s papers. We reserve the right to put any person ashore if they are not so named. Allowing any unauthorised person to travel on the yacht may also entitle us to terminate the yacht charter in which case cancellation charges will apply as set out in clause 8. 

19.4.    PHYSICAL DEMANDS AND RISKS. 

19.4.1.    Sailing can be challenging and requires a reasonable level of physical and mental fitness and strength. You will be expected to be able to participate in all aspects of sailing a yacht and should be physically and mentally able to do so. If you have any medical condition, disability or reduced mobility which may affect your ability to fulfil these expectations whilst on holiday or have any special requirements as a result, please inform us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. You must also promptly advise us if any medical condition, disability or reduced mobility that may affect your holiday arrangements develops after your booking has been confirmed. Although the person concerned will be the best judge of their own medical condition(s), abilities and limitations, it is crucial that all relevant information is provided to us before a booking is made. In the event that you fail to do so, we will not have any liability if we are unable to accommodate your particular requirements or if the booked arrangements are not suitable.

19.4.2.    You understand and acknowledge that sailing involves risk, danger and potential exposure to injury and even death. You also accept and acknowledge that risk and danger may be caused by other passengers or crew who may behave negligently or fail to follow the instructions they are given. You also accept and acknowledge that risk and danger may arise from foreseeable and unforeseeable causes, including weather and other acts of nature. By making your Sailing Holiday booking, you confirm you are willingly and voluntarily assuming full responsibility for any injury, loss or damage caused by you. 

19.5.    INSURANCE. As with all our holidays, it is a condition of our contract that you obtain suitable travel insurance for the entirety of your time away, see clause 18.1. With respect to Sailing Holidays, the policy must cover all sailing related activities you are likely to undertake including sailing in European waters. In the event that you do not have suitable travel insurance, you will be personally responsible for meeting all costs, expenses and liabilities which would normally be covered by insurance.

19.6.    YACHT DAMAGE. The price of your Sailing Holiday includes a yacht damage waiver, security deposit and marine insurance. On return of the yacht to base, the Neilson Team will inspect it to ensure there is no apparent damage or loss. On inspection, if we reasonably determine that any damage or loss is likely to have been caused by deliberate acts, gross negligence or wilful misconduct of any member of your party, you will be responsible for that damage or loss (together with all related expenses, costs (including legal costs) and third party claims). Damage and loss which arises in these circumstances is excluded from the yacht damage waiver and security deposit and may not be covered by the marine insurance.

19.7.    YOUR RESPONSIBILITIES

19.7.1.    We expect all clients to have proper consideration for other people, themselves and any property with which they come into contact including the yachts. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you behave in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to the yacht, other watercraft or other property (including as a result of excessive alcohol consumption), the Neilson Team are entitled, without prior notice, to terminate the holiday of the person(s) concerned. Where we reasonably consider it appropriate to do so, we are also entitled to terminate the yacht charter with immediate effect. In this situation, the person(s) concerned / entire party, as applicable, will be required to leave the yacht and we will not be under any obligation to provide any other services, including accommodation or onward / return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.

19.7.2.    You are not permitted to smoke above or below decks on any of our yachts on our Sailing Holidays.

19.7.3.    Whilst on your Sailing Holiday, you must take good care of your yacht and all equipment provided with it as you are responsible for this. You must also follow all instructions you are given before setting off and during your cruise including those of your skipper (where you have one) and the lead boat crew. You must also comply at all times with all rules and guidance including, for example, in respect of the disposal of waste of any nature.

19.7.4.    You have the right to inspect the yacht and associated equipment and inventory upon boarding to ensure that all items are present and in good working condition. Following the Neilson Team boat briefing, you accept the yacht and thereafter, it is your full responsibility for the duration of the yacht charter. You will have no right to claim for any loss of time or enjoyment or for any expense which results from an accident or breakdown or failure of any part of the yacht which is caused by your acts or omissions, or from any defect(s) which is agreed and noted on the documentation during the on board briefing.

19.7.5.    The cruising area is limited and you must only sail where instructed. The Neilson Team will inform you of any restrictions. They are also entitled to further confine the cruising area or place a competent crew (or crew member) on board if considered necessary for the safety the yacht and its occupants, in which case a daily charge will be made.

19.7.6.    Please note, you are not permitted to sail/cruise on your yacht during the hours of darkness (which run from the start of sunset to sunrise).

19.7.7.    Use of the yacht is for holiday pleasure purposes only. The yacht must not be used to transport any goods or carry any passengers who are not on the yacht charter booking made with Neilson. No pets are permitted on board unless otherwise agreed by us in writing.

19.7.8.    At the end of your yacht charter, you must return the yacht at the time and to the place specified by us, in the same condition as the yacht was delivered to you, subject to normal wear and tear and any defects which are agreed and noted on the documentation during the pre-departure boat briefing. If you return the yacht late at the end your charter, or fail to return it to the specified place, you will be liable to pay a penalty charge and will be responsible for all recovery costs.

19.8.    LOCAL GREEK LEGAL REQUIREMENTS

19.8.1.    Please note that for our yacht charters, we act as agent for our sister company, O.A. Yacht Charter S.A. who own the yachts. In accordance with local Greek legal requirements, the skipper of your party will be required to sign a declaration of competence for the local authorities before your yacht will be allowed to leave port. This document is in Greek but an English translation can be supplied on request. You should satisfy yourself that you understand the content and nature of the declaration you are signing.

19.8.2.    Upon arrival at our Greek yacht base, the designated skipper will be asked to sign a Greek yacht charter party agreement before you will be allowed to take possession of the yacht. The Greek charter party agreement will be between you, Neilson Active Holidays Limited and our local entity, called O.A. Yacht Charter S.A., for the charter of the yacht. This will include the details of all the crew aboard your yacht. No additional payment will be required from you under the Greek charter party agreement, or for the invoice it contains. The agreement and any related documentation needs to stay on the yacht for the duration of your yacht charter as port authorities may request to see them at any time.

19.8.3.    To the extent there is a conflict between these Booking Conditions and the provisions of the Greek charter party agreement as they relate to you, these Booking Conditions will prevail to the extent of the conflict. 

19.9.    Environmental responsibilities and damage. It is your responsibility to respect and protect the natural environment and comply with all environmental regulations and codes of practice. This includes not causing (or doing anything which may cause) any damage to natural or artificial reefs. You must ensure you are aware of all applicable requirements including, for example, in respect of the disposal of waste and sailing in environmentally sensitive or protected marine areas. You will be solely responsible for any fees or fines applied to the yacht for any breach of environmental laws or environmental damage. We are entitled to seek payment of these from you when we are notified of them which may be after the end of your Holiday.

20.    HOW WE MAY USE YOUR PERSONAL INFORMATION

20.1.    We will only use your personal information as set out in our Privacy Policy.

20.2.    In the event of our insolvency we, or any appointed insolvency practitioner, may disclose your personal information to the CAA, and/or trustee so that they can assess the status of your booking and advise you on the appropriate course of action under any scheme of financial protection. The CAA’s General Privacy Notice is at https://www.caa.co.uk/Our-work/About-us/General-privacy-notice/.  

21.    ACCOMMODATION RATINGS AND STANDARDS 

21.1.    All ratings are as provided by the relevant suppliers. These are intended to give a guide to the services and facilities you should expect from your travel arrangements. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given.

22.    DESCRIPTIONS 

22.1.    Descriptions of accommodation, facilities, services and itineraries we provide are based on information obtained from our suppliers. Sometimes the facilities described, such as air conditioning, swimming pools or equipment for activities (for example, a particular dinghy, bike or windsurfer), will be withdrawn for reasons such as maintenance, bad weather or lack of demand from guests. Where our suppliers advise us about significant changes to descriptions or about the withdrawal of any significant facility, we will tell you as soon as possible. Some activities, for example, scuba diving, water sports or golf, where not directly provided by us, or facilities such as restaurants, may not be available at all times and are normally managed by independent local operators. We have no control over their availability or prices. Outside the peak season, it is common for facilities and services to be less widely available, both in your accommodation and holiday resort/destination generally. Some activities or facilities may not be available all year round. Any transfer times we quote for travel between airport and resort are approximate and, depending on circumstances, the journey time to your own chosen property may be longer.

23.    OTHER IMPORTANT TERMS

23.1.    These Booking Conditions and the associated booking confirmation set out the entire agreement between us. You are not relying upon any other statement, promise or assurance in relation to your booking.

23.2.    These Booking Conditions are between you and us. No other person shall have any rights to enforce any of their terms and conditions.

23.3.    If we do not insist immediately that you do anything you are required to do under these Booking Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you immediately, we can still require you to make the payment at a later date.

23.4.    We may transfer our rights and obligations with you under these Booking Conditions to another organisation, and we will do our best to notify you if this happens, but this will not affect your rights or our obligations under the Booking Conditions.

23.5.    If you have any queries about these Booking Conditions, please contact us before placing a booking via the contact details shown at clause 1.2.