Terms and Conditions

MERISKI BOOKING CONDITIONS

The following booking conditions form the basis of your contract with Meriski Limited, Carpenters Building, Carpenters Lane, Cirencester, Gloucestershire, GL7 1EE, company number 06676696.

Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions and agree to them.

These booking conditions only apply to arrangements which you book with us and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these booking conditions to “booking”, “contract”, or “arrangements” mean such arrangements unless otherwise stated. References to “departure” are to the start date of the arrangements we have contracted to provide.

In these booking conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them as the context requires. “We”, “us” and “our” means Meriski Limited.

Please note, the holiday arrangements we offer and make for you do not constitute a “package” and accordingly, the Package Travel and Linked Travel Arrangements Regulations 2018 do not apply to them.

Your Meriski chalet holiday includes a chalet host and chef to look after you throughout your stay.  Breakfast every morning with array of cereals, pastries and a cooked breakfast option on 6 mornings.  Afternoon tea with homemade cake or biscuits.  A freshly prepared three course dinner with cheeseboard on 6 nights including canapés and a glass of fizz.  Complimentary wine, beer and soft drinks throughout your stay.  Shared in resort transport service from 8am to 8pm daily, covering the Méribel Valley area. 

Your holiday does not include flights, transfers to and from the airport, insurance, lift pass, ski equipment hire, ski lessons, childcare, lunches and dinner on the chalet staff’s night off. Food and drink requests over and above what we have agreed to provide will be subject to an additional charge to be billed locally.

1. Making your booking

The first named person on you booking will be the “party leader”. The party leader must be authorised to make the booking on the basis of these booking conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. By making a booking, the party leader confirms that he/she is so authorised. The party leader is responsible for making all payments due to us. The party leader must be at least 18 when the booking is made.

Subject to the availability of your chosen arrangements and receipt of the payments referred to in clause 2, we will confirm your booking by issuing a booking confirmation invoice. This document will be sent to the party leader or your travel agent. Where you book through our website, any electronic acknowledgement of your booking is not a confirmation of it. Please check the confirmation invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation invoice or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. Where changes can be made, you will be responsible for any charges applied by suppliers or otherwise incurred as a result.

Please take the time to read our refunds policy and terms and conditions below. These booking conditions set out the terms of your contract with us including our obligations to you.

If you wish to, you may contact us by e-mail for any of the reasons mentioned in these booking conditions (for example, to request an amendment) providing you do so to sales@meriski.co.uk.  Any authorised travel agent of ours through whom you make a booking will relay information from you to us and vice versa. For the purposes of compliance with time limits or limitation periods as set out or referred to in these booking conditions, receipt by such an authorised travel agent of messages, requests or complaints intended for us will be treated as receipt by us. However, we are not responsible for any advice given to you by your travel agent that did not originate from us.

2. Payment

In order to confirm your chosen arrangements, the applicable deposit (or full payment if booking within 10 weeks of departure) must be paid at the time of booking.

The balance of the booking cost must be received by us not less than 10 weeks prior to departure. This date will be shown on the booking confirmation. If we do not receive all payments due in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 7 depending on the date we reasonably treat your booking as cancelled. If payment of the balance is more than 7 days late we reserve the right to make a penalty charge of £200.

Deposit payments may be paid by card or bank transfer. Balance payments must be paid by bank transfer. 

3. Your contract

A binding contract between us comes into existence when we despatch our booking confirmation to the party leader or your travel agent. We both agree that English law (and no other) will apply to these booking conditions, your contract and to any dispute, claim or other matter of any description which arises between us (“claim”) except as set out below. We both also agree that any claim must be dealt with by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).

4. The cost of your arrangements

Once the price of your chosen arrangements has been confirmed at the time of booking, we will only increase or decrease the price in the following circumstances. Price increases after booking will be passed on by way of a surcharge. A surcharge will be payable, subject to the conditions set out in this clause, if our costs increase as a direct consequence of a change in (i) the price of the carriage of passengers resulting from the cost of fuel or other power sources or (ii) the level of taxes or fees on the travel services included in the contract imposed by third parties not directly involved in the performance of the arrangements including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports or (iii) the exchange rates relevant to the arrangements.

You will also be entitled to a price reduction where there is a decrease in our costs as a result of a decrease in the costs referred to in this paragraph which occurs between confirmation of your booking and the start of your holiday.

We will absorb, and you will not be charged for, any increase equivalent to 2% of the price of your holiday arrangements, which excludes any amendment charges. You will be charged for any increase in our costs over and above that. If any surcharge is greater than 10% of the total holiday cost, clause 8 will apply on the basis the surcharge is a significant change. You will be notified of any price increase or reduction applied in accordance with this clause together with the justification for and calculation of this not less than 20 days before departure. Where a reduction is applicable, we are entitled to deduct our administrative expenses from the refund. Any surcharge must be paid with the balance of the holiday cost or within 14 days of the issue date printed on the invoice, whichever is the later.

Please note that arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your holiday due to contractual and other protection in place.

We promise not to levy a surcharge within 20 days of your arrival.  No refund will be payable during this period either.

5. Medical conditions / disabilities / reduced mobility and special requests

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

Should you suffer from any medical condition, disability or significant reduction in mobility which may affect your holiday (including any which affect the booking process) or have any special requirements as a result, please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking.  In any event, you must give us full details in writing at the time of booking and whenever any material change in your condition, disability or mobility occurs. You must also promptly advise us if any medical condition, disability or reduced mobility which may affect your holiday develops after your booking has been confirmed.  

If you have any special request, you should advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier (where applicable), we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part.  Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. For your own protection, you should obtain confirmation in writing that a special request will be complied with (where it is possible to give this) if it is important to you. Any special request which we have accepted will be specifically confirmed as accepted on your confirmation invoice.

6. Changes by you

Should you wish to make any changes to your confirmed booking, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, an amendment fee of £50.00 per amendment will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. A change of booking dates will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply. Changes may result in the recalculation of the booking cost where, for example, the basis on which the price of the original booking was calculated has changed.

If any member of your party is unable or no longer wishes to travel for any reason, the person(s) concerned may transfer their place to someone else (introduced by you) providing we are notified of their name and contact details prior to your arrival.  If any costs and charges are incurred by us and/or incurred or imposed by any of our suppliers as a result, these must be paid prior to arrival.

7. Cancellation by you

You may cancel your confirmed booking at any time before departure. You may also transfer your booking as referred to in clause 6. Should you or any member of your party need to cancel your booking once it has been confirmed, the party leader must immediately advise us by e-mail or by posting or hand delivering written notice of cancellation to us or your travel agent. Your notice of cancellation will only be effective when it is received in writing by us at our offices. As we incur costs from the time we confirm your booking the cancellation charges set out below will be payable.

If you are unwilling to travel for any reason, or you are unable to travel due to medical reasons cancellation charges will apply.

We cannot accept any guest who:

Has tested positive for coronavirus in the 14 days prior to travel
Is awaiting the results of a coronavirus test
Has had sustained contact with anyone who has either, tested positive in the 14 days prior to travel, or is awaiting the results of a coronavirus test
Has a high temperature, a new continuous cough or a loss of, or change in, their normal sense of taste or smell (anosmia) or has been in sustained contact with anyone who experiencing such symptoms

For the safety of everyone please do not travel if any of the above applies to you. You should have travel insurance to cover you if you are unable to travel in these circumstances. We are unable to offer any form of refund if you cannot travel for any of the above reasons. You should have travel insurance to cover this.

In calculating these cancellation charges, we have taken account of possible cost savings and the generation of income from other bookings which may be able to utilise cancelled services to the extent this is likely to be achievable. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling excluding amendment charges.

Period before departure within which written notification of cancellation is received by us

Cancellation charge per booking

71 days or more – Loss of deposit

57 to 70 days 40%

42 to 56 days 60%

28 to 41 days 80%

Less than 28 days 100%

Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) from your travel insurer. Claims must be made directly to the insurance company concerned after you have paid the applicable cancellation charge to us.

You and your party should obtain travel insurance for this cancellation risk – see section 12 Insurance.

8. Changes and cancellation by us

We start planning the arrangements we offer many months in advance. Occasionally, we have to make changes to and correct errors in advertising and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.

Please bear in mind that coronavirus and the measures and other action being taken by governments, public authorities and businesses to manage its effects (including implementation of social distancing) is likely to have an impact on holiday arrangements for a considerable period of time.

We may, for example, be unable to provide certain advertised services or facilities as a result. Such measures / action may be introduced or changed with little or no prior notice. Greater flexibility is therefore likely to be required for the foreseeable future which we would ask you to bear in mind at all times, both before and after departure.

Any impact which such measures / action has on your holiday will not constitute a significant alteration to your contracted arrangements and will not entitle you to cancel without payment of the applicable cancellation charges as a result.

In the event that your holiday cannot proceed because your accommodation is not available for any reason (except as set out below in this clause) and we are unable to provide a reasonable alternative, we will refund the payments you have made to us for your booking. We will not be responsible for any other expenses including without limitation, the cost of flights or any other form of transport.

If your holiday cannot go ahead due to any of the reasons stated below linked to the coronavirus pandemic your deposit (25%) will be converted to a credit note for a Meriski holiday during the following season and the balance (75%) will be refunded.  Alternatively, if you are happy for us to retain all the monies, then Meriski guarantees to hold the price for the same chalet and date for the following season (subject to availability). 

If you are required to quarantine/self-isolate upon arrival in France due to the laws and regulations of the French authorities.
If the chalet you have booked with us has been forced to close due the laws and regulations of the French authorities.
If France has closed its borders or is otherwise denying entry to visitors.

Please note the above coronavirus related restrictions must be in place at the time that your booking is due to take place, if you chose to cancel your holiday before the date of departure because you are concerned that these restrictions might be place normal cancellation charges will apply as set out in clause 7 above.

Please note, a refund will only be provided where we are unable to provide your contracted accommodation in the circumstances referred to above. Without limitation you will not be entitled to a refund and cancellation charges are likely to apply where you are unable to travel on holiday for any reason.

Very rarely, we may be forced by “force majeure” (see clause 9) to change or terminate your arrangements after they have commenced but before their scheduled end. This is very unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.

9. Force Majeure

Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation or expenses where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of “force majeure”. In these booking conditions, “force majeure” means any situation within our reasonable contemplation, which is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations may include, whether actual or threatened, riot, civil strife, terrorist activity, industrial dispute, natural disaster, exceptional adverse weather conditions, fire, the effect of the United Kingdom’s decision to leave the EU, and all events of a similar nature.

Force majeure includes the coronavirus pandemic and its impact such as travel restrictions and the measures and other action being taken by governments, public authorities and businesses to control and manage its effects (such as the implementation of social distancing).

10. Liability

(1) In order to provide your holiday arrangements, we operate catered accommodation on a seasonal basis which we contract from the chalet owners. We also arrange for the provision of airport transfers through our French company (terms and conditions available on request). We do not ourselves own the accommodation and transfers are operated separately. We undertake to use our reasonable skill and care in the provision of the accommodation services where these services are provided by our employees in the course of their employment. For all services (which includes transfers) which are provided by any person or entity other than our employees, we undertake to use our reasonable skill and care in the selection of those suppliers but, providing we have done so, are not responsible for their acts and omissions or for the actual performance of those services.

(2) We will not be responsible for any injury, illness, death, loss (including loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: –

the act(s) and/or omission(s) of the person(s) affected; or
the act(s) and/or omission(s) of a third party not connected with the provision of your arrangements; or
‘force majeure’ as defined in clause 9 above

(3) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which any supplier agrees to provide for you where we have not agreed to provide these as part of our contract and any activities which we arrange for you during your holiday. Regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.

(4) Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £250.00 per person affected. Any payment is subject to your producing appropriate proof of the contents and value of the luggage or personal possessions concerned and demonstrating that you have taken proper care of your property. For all other claims which do not involve death or personal injury, we limit the maximum amount we will have to pay you in the event that we are found liable to you on any basis to twice the cost paid by the person(s) affected.

11. Complaints and problems

In the unlikely event that you have any reason to complain or experience any problems with your booking whilst away, you must immediately inform us and the supplier of the service(s) in question. Any verbal notification must be put in writing. Until we know about a complaint or problem, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 28 days giving your booking reference and full details of your complaint. Only the party leader should write to us. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause.

12. Insurance

We require the purchase of comprehensive travel insurance as a condition of your booking with us. You must purchase travel insurance at the point of the holiday booking with us so that you have cancellation protection and not just prior to your departure on holiday. . It is the responsibility of the party leader to ensure that you have adequate travel insurance. 

Your travel insurance must at least include but not be limited to, the following: 

Emergency medical expenses, including cover for any pre-existing condition. Amongst other costs this should cover; mountain rescue, ambulance charges and repatriation to the your home country
Cancellation of your trip or curtailment for any reason

Full cover if you chose to travel against the advice of the government of your home country
Cover for the cost of alternative accommodation should you be required to remain in France after the conclusion of your stay with us (you will not be permitted to remain in your accommodation after the end of your contracted arrangements.)

Personal liability to include, amongst other liabilities; damage caused by your  negligence and that of your party to the property in which you are staying, and which must include contractual liability of the party leader for the actions of your party
Travel and transfer delays which must include amongst other costs; additional costs incurred in the event of a delay
The policy must include the activities you are likely to do and in particular off piste skiing with or without a guide (it is possible to ski off piste inadvertently)
Specific coronavirus related cover to include, without limitation, cover for cancellation, curtailment or an extension of your stay in the event that you or anyone with whom you have been in close proximity tests positive for Covid-19 or is awaiting a test result, you have Covid-19 symptoms or are required by the relevant authorities to self-isolate prior to travel or during your holiday. If you are unable to return to your home country as planned your policy should cover you for an extension of your stay.  
The policy must cover the period from the date of booking to the last day of your trip and may not have a clause allowing the insurer to cancel the insurance except in unusual circumstances e.g. fraud and misrepresentation.

There are other sections to wintersports travel Insurance such as baggage, legal expenses, personal accident and so on.

In the event that you fail to obtain suitable wintersports travel insurance we shall not be liable for any costs incurred or claims made against us due to your failure to comply with this term.

13.Damage

We may require a damage deposit as a precaution against any damage sustained to the chalet during your stay. 
In the event of any damage, we would only debit an amount equal to the damage or repairs required, with your consultation after a full inspection of the chalet after your departure. 
If required, we will organise the payment of the deposit in the form of a credit card authorisation taken 2.5 weeks prior to the departure. 

When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made as soon as possible if not deducted from the damage deposit or the deposit is insufficient to cover the damage or loss.

If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions.

14. Behaviour

We expect all clients to have consideration for other people. No pets are allowed in the property. Subletting, sharing or allowing people other than those contracted to stay at the property is prohibited. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property or breaks any other condition of the booking, we are entitled, without prior notice, to terminate the booking of the person(s) concerned. In this situation, the person(s) concerned will be required to leave your accommodation. No refunds will be made, and we will not pay any expenses or costs incurred as a result of the termination.

15. Conditions of suppliers

The services which make up your booking are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.

16. Excursions, activities, and general area information

We may provide you with information (before departure and/or when you are away) about activities and excursions which are available in the area you are visiting. We have no involvement in any such activities or excursions which are neither run, supervised, controlled nor endorsed in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions. We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.

We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the area you are visiting generally or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If you feel that any of the activities or excursions referred to in our brochure, on our website and in our other advertising material which are not part of our contract are vital to the enjoyment of your booking, write to us immediately and we will tell you the latest known situation. If we become aware of any material alterations to area information and/or such outside activities or excursions which can reasonably be expected to affect your decision to book with us, we will pass on this information at the time of booking.

17. Passports, visas, and health requirements

British citizens currently (September 2020) require a passport valid for the period of their stay when visiting France. A visa is not required. Requirements may change and you must check the up to date position in good time before departure for France. A full British passport would usually take approximately 3 to 6 weeks to obtain but is currently (September 2020) taking much longer. If you or any member of your party is 16 or over and haven’t yet got or had a passport, even more time needs to be allowed as UK Passport Service has to confirm your identity before issuing your first passport.

If you or any member of your party is not a British citizen or holds a non-British passport, you must check passport and visa requirements with the French embassy or consulate of the of the country(ies) to or through which you are intending to travel.    

It is your responsibility to ensure you obtain details and comply with all recommended and required vaccinations, health precautions and other health related measures (including those which are introduced to deal with coronavirus) in good time before departure.

Details should be available from your GP surgery and for British Citizens from the National Travel Health Network and Centre www.nathnac.org. Information for British Citizens on health abroad is also available on www.nhs.uk/Livewell/Travelhealth.

If you or any member of your party lives outside the UK, you must check what vaccinations, health precautions and other health related measures are recommended or required in your country of residence for travel to France and to any countries through which you may transit or stop off.   

Vaccination and other health requirements/recommendations are subject to change at any time. If you are unable to travel as a result of failure or inability to comply with any health related or other requirements, cancellation charges will apply as referred to in clause 7.

18. Delay

We regret we are not in a position to offer you any assistance in the event of any delays in relation to your arrival to or departure from your holiday destination. 

19. UK and French Government advice  

The UK Foreign Commonwealth and Development Office publishes regularly updated travel information on its website www.fco.gov.uk/knowbeforeyougo.

The French Ministère de L’Europe et de Affaires Etrangeres also publishes updated travel information on its website (in English) www.diplomatie.gouv.fr/en/coming-to-france.

You are recommended to consult travel advice before booking and in good time before departure.

20. Website / advertising material accuracy

The information contained on our website and in our other advertising material is believed correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur, and information may subsequently change. You must therefore ensure you check all details of your chosen arrangements (including the price) with us at the time of booking.

21. Security

We take the issue of chalet security very seriously. However, owing to the nature of chalet holidays, the buildings may not be locked at all times. Please be aware that there will also be shared use with other guests and staff of the entrance door. We may be able to provide guests with keys to their own rooms or to the front door, but this is not always possible.

You must take reasonable precautions for your own safety whilst on holiday. For example, you are advised not to walk alone at night in unlit areas and not to display jewellery or valuables and to keep all your valuable belongings with you and supervised at all times. Whilst we will help, we cannot accept responsibility for the loss of personal possessions during your travel period.

22.  Resort vehicles

We cannot guarantee that the resort transport service will be available. This is provided solely at our own discretion as a gratuitous service for our guests. In the event of bad weather, breakdown, illness, accident or priority use the service may not be available.

23. Hot tubs and saunas

Jacuzzis and hot tubs can be dangerous if used without due care and attention. Children under the age of 16 years wishing to use these facilities must have adult supervision at all times. Instructions for the use of these facilities will be displayed in each chalet, and we cannot stress strongly enough the importance of being aware of and abiding by these instructions. In particular, we ask all guests to shower before entering and not to use any shampoos, soaps, or gels, since the use of these often cause problems with filtration and water purity and often result in closure for deep cleaning and maintenance. Drinking of alcohol is not recommended when using the Hot Tubs and the use of any glass container is forbidden.

Children under 16 are not permitted to use saunas under French law.

Please note that Jacuzzis, hot tubs and saunas are cleaned on arrival and departure days and therefore may not be available for use on such days.

Occasionally things go wrong with these facilities.  We will use our best endeavours to fix any problems, but we are not liable if these facilities are out of use.

24. Wi-Fi

Please note that Wi-Fi in the mountains is not always reliable, especially under the strain of multiple connections in a chalet. In the event of a problem we will do our best to bring any internet connection back into service as quickly as possible, we cannot guarantee that this will be possible and we will not be liable for any problems with the Wi-Fi.

25. Change over day

On the day of your departure from the accommodation you must vacate the chalet no later than 10am. On the day of your arrival you will be unable to check in until after 4pm. We require this time to deep clean the chalet and prepare for new arrivals. We will store luggage where we can but are unable to guarantee this.