Important Information …

About Your Trip
Booking Terms & Conditions

The following needs to be read and understood before you complete and send in your Booking Form; on the Booking Form you will find/have found a checkbox to confirm that you have read, understood and agree to our Booking Terms & Conditions.

Upon completion of the Booking Form you will need to 'check' the box agreeing to our Booking Conditions (on-line version) or sign in the space provided to confirm your agreement (off-line versions). If you are booking for others then you must ensure that those persons have also read and are agreeing to our Terms & Conditions.

First, please read: Important Information about your Trip.

Then read: The Off-piste & Telemark Ski Company Booking Terms and Conditions.

Print the 'Printable Version' and keep a copy for your own records: Click here for a PRINTABLE VERSION OF BOOKING TERMS & CONDITIONS (pdf)

Costs are based on exchange rates as of 15/09/21. We sincerely hope surcharges will not be necessary but in the event they are, you may cancel your booking without penalty if the surcharge amounts to more than 10% of each of the cost elements of the course.
Costs are based on min. 6 in a group – we will still operate with smaller groups but with a proportionately reduced contact time or, possibly, an increased charge (see below: 'Mixed Level Ability Groups & Variable Group Size on Instruction Courses')

Maximum: 8 per group during instructional weeks. Tours and Off-piste courses: maximum group size varies depending on week. Please see the relevant Trip Details.

On the first evening of the week before the ski course starts we hold a welcome meeting. This is normally at the accommodation where the majority of the course participants are staying or at the accommodation provided for the group at the start of a tour. The exact location and time will be shown on your Meeting Up information which is sent to you two weeks prior to the start date. This is an opportunity to meet the instructors and/or mountain guides and chat about your skiing level and aspirations. The instructors and/or mountain guides will also chat about the course or tour, meeting times and any other relevant information as well as check equipment, etc. If you cannot attend the welcome meeting please let the O-pTSC know at your earliest convenience. Use the contact numbers shown towards the end of these booking conditions or in the Meeting Up information

OFF-SNOW ACTIVITIES (Instructional courses)
As part of the ski course we also provide some off-snow sessions in the form of technical chats and video analysis. The structure, duration and number of these sessions will vary from course to course.

All O-pTSC instructors and mountain guides are very skilled at developing performance whilst catering for variations in levels of ability in any one instruction group; there will always be some difference of ability within a group. However, we do endeavour to achieve as ability consistent groups as reasonably possible and to this end groups sizes might be reduced in size. These smaller groups that O-pTSC might have formed to achieve consistent ability within the group will have reduced contact time with the instructor. You will be receiving very specific and personalized input and feedback during these sessions; this should see you progressing very well but most skiers in very small group sessions tend to find 'diminishing returns' if the sessions are too long. Small group contact times per day are approximately as follows: 1 instructor: 4 clients, 2 hours; 1:3, 1¾ hours; 1:2, 1½ hrs; 1:1, 1¼ hrs.

By booking an O-pTSC course or tour you will be taking advantage of a huge amount of experience and expertise. The instructors who work on behalf of O-pTSC are very skilled at developing performance as described on the O-pTSC website. Instructors, leaders and mountain guides who work for O-pTSC are well trained in the safety aspects of skiing in the mountains. They can advise, help and lead you. However skiing involves an element of risk, which you must accept as inherent to the sport. You must take responsibility over your own actions and decisions when skiing on the mountain either by yourself or within an O-pTSC group. It is known that accidents do happen as a part of skiing. By booking on an O-pTSC ski course or tour you will be accepting the risk involved and accepting that an accident may happen. You will also be responsible for accepting whether to take part in any activity whether an exercise, a particular technique, skiing a particular slope, skiing a particular speed or skiing particular snow textures. O-pTSC and the instructors, leaders and mountain guides working on behalf of O-pTSC cannot be held responsible for accidents. If at any point you wish to not take part in an activity for any reason then you must let the instructor, leader or mountain guide know immediately.

An O-pTSC course or tour is, by its very nature, exposed to the vagaries of the natural environment, including the weather. Whilst every reasonable effort is made to deal with such conditions, there may be occasions when O-pTSC, through no fault of its own, is forced to vary or modify a course or tour itinerary at short notice or decides to do so in order to take advantage of natural circumstances. Such changes might occur immediately before or even during a course or tour. The client acknowledges that information about courses and tours provided by O-pTSC is given in the best of faith but that because of the variability of the natural environment it may be reasonable to alter or modify a course or tour and that in such circumstances it is not reasonable for O-pTSC to be liable for any losses or additional costs (e.g. for extra transport, accommodation, etc) consequential on such a change and that O-pTSC's liability is limited accordingly.

On some courses, especially off-piste courses and ski tours, the instructor, leader or mountain guide may plan routes to access certain runs and itineraries to access superior snow conditions and interesting terrain. These may involve an element of walking. If this is a planned route the instructor, leader or mountain guide will inform you beforehand. If the majority of the group wish to take the planned ski route or itinerary and you choose not to, you will either have the option of joining another group that may be of a lower level, or if this is not possible you will have the option of opting out of this particular route. There will be no refund if you choose this option. The nature of off-piste skiing also means that snow texture and conditions are constantly changing from day to day and hour to hour. This means that routes often have to be amended whilst on the move due to snow conditions and safety. On occasions routes may have to be amended that involve an element of walking. When booking onto any ski course you must be aware that this may happen.

Off Piste and Tours in the Alps: Transceiver, Shovel, Probe, Backpack:
On tours and on courses that involve off-piste skiing in certain areas and snow conditions safety equipment is essential and must be carried. This involves wearing a transceiver and carrying a probe and shovel in a backpack. If you are booking onto a tour or a ski course involving off-piste skiing in these areas and you do not have this equipment we will recommend a local source for the hire of this equipment. If you are bringing your own transceiver please ensure that it is a digital transceiver and with three antennae.

In recent years more and more skiers are using 'avalanche airbag systems' that can significantly improve survival rates if caught out in an avalanche. If you are in a position to buy or hire such equipment we would certainly recommend that you do so but we also respect the individual's preference as to the use or not of such equipment. Hire opportunities in the Alpine resorts have improved significantly over the last couple of seasons.

Helmet: All Courses
We recommend the wearing of a safety helmet on all O-pTSC ski courses within and without ski areas in the Alps. If you are a strong level 4, 5 or 6 skier and venturing into demanding terrain with hazards e.g certain off-piste areas, failure to wear a helmet could affect the decision of the instructor or mountain guide to lead you into certain terrain. You may be required to move into a group that is venturing into less demanding terrain with fewer hazards.

Telemark skiers on off-piste courses in the Alps:
We recommend the wearing of knee pads when telemark skiing in off-piste areas, but we respect the individual's preference whether to use such equipment or not.

The client acknowledges that during a O-pTSC course or tour he/she is required to submit to the reasonable instructions and leadership of O-pTSC, save that parents, teachers and those in comparable roles in respect of children must maintain control of those children, to the satisfaction of O-pTSC. The client acknowledges that everyone attending an O-pTSC course or tour is entitled to expect a high standard of conduct and regard for personal well-being on the part of all clients. For this reason the client accepts that O-pTSC may, in its absolute discretion and without the need to give reasons, arrange for him/her to be removed from a course, if necessary against his or her will. Circumstances in which this might occur include (without limitation) disorderly or abusive conduct; intoxication; failure of control over children; inadequacy of clothing or equipment; incapacity or inability to meet the rigours of the course. In such circumstances the client will not be entitled to a refund of monies and O-pTSC will not be liable for any losses so resulting. The client will on demand reimburse O-pTSC its reasonable costs of effecting his or her removal.

If the instructor, leader or mountain guide feels that you are skiing or behaving in a manner that either endangers yourself, other members of the group or public or causes disruption within the group, the instructor, leader or mountain guide will ask you to adjust your skiing and / or behaviour accordingly. Failure to do so could result in being asked to leave the course. In this situation no refunds will be given.

Please ensure that you are in good physical and mental health and fit to attend the course or tour of your choice. If you suffer from any recurrent condition then please supply a letter or certificate from your doctor stating he believes it is safe for you to attend the course or tour you are booking onto. If you have any past health conditions that might affect your skiing or learning the you should notify us as well.

On each course or tour there is a minimum ski level. This is shown on the planner, on the website page for each course and in the specific Trip Details. It can sometimes be difficult to judge your level and you may find that your ski level is below the minimum level for the course or tour you have booked. Quite often we are able to cater for this eventuality however on rare occasions if this happens we may need to transfer you into another appropriate ski course with a ski school or arrange private instruction with another instructor in the resort. We will use the course fee paid to purchase lessons to the equivalent value. The lesson durations may therefore vary and may not be equivalent to the O-pTSC ski course advertised. We highly recommend that clients carefully read our information on Levels and then contact us for clarification if you are still not sure of your suitability for any course or tour.

ON-SNOW COURSE DURATION (Courses and tours)
Generally 5 x ½ days in 6 days skiing. These 5 days are usually the first 5 consecutive day of the skiing week leaving the 6th day free. Occasionally, if there are extreme weather conditions, an instruction day will be postponed and the 6th day used for that day's instruction.

Some courses, in particular 'Day Tours, 'Off-piste Adventure' and 'Off-piste Total Adventure' weeks, have 5 x full days of instruction and leadership.

ON-SNOW COURSE TIMES (Instructional courses)
On the ski courses that are for ½ days are for 2½ hours per day, each instructor may run two groups per day, morning and afternoon. We cannot guarantee whether your course will be in the morning or the afternoon. Your course times may also vary. Meeting times for instruction will be confirmed at the welcome evening.

At the welcome meeting we will gain an idea of your ski level, fitness, the speed you like to ski at and the slopes you like to tackle. We will then work out the groups for the week. Depending on the week we run between 1 to 4 groups and on some occasions more. During the early part of the first morning we divide everyone into groups based on the information you have provided us with or by our recollection of your ability level from the previous time you skied with us or from what we see of your skiing during the warm-up skiing session. We will often move people around during subsequent sessions in order to make sure groups are compatible. If you would like to move groups into a faster or slower moving group or a group that is tackling easier or more difficult terrain there is normally the possibility of doing this. Alternatively we might recommend that you should move groups, to better match your skiing ability and pace within the groups operating that week. If moving groups means going above the maximum number as advertised then this will not be possible. The instructors, leaders or mountain guides working on behalf of O-pTSC will have the final decision of which group you should ski in.

If you are coming on a ski course with partners and/or friends who are a different skiing level you may find that the time of your ski course is different to theirs. On the half day courses we try to alternate groups so that you can ski at similar times at some point during the week, however we cannot guarantee this. If you are at different levels but would like to ski in the same group we may be able to accommodate this. It will mean that the more experienced members of your party will ski in the group with the less experienced members of your party. We can only accommodate this request if the group remains under the maximum number of clients per group as advertised.

All skiers must ski in accordance with the 'FIS Skier's Code of Conduct'. This is shown towards the end of this Information section. Each member of the group has the responsibility to ski in accordance with these rules. O-pTSC and the instructors, leaders and mountain guides working on behalf of O-pTSC are not responsible for how each skier chooses to ski. If you are involved in an accident involving another member of the group, O-pTSC and the instructor, leader or mountain guide working on behalf of O-pTSC cannot be held responsible.

TRAVELLING TO OTHER RESORTS (Instructional courses)
If in extreme situations there is a lack of snow in the resort you may need to travel to other nearby resorts with superior conditions. The costs of traveling to and from these resorts will need to be paid by each client. The instructor, leader or mountain guide working on behalf of O-pTSC will choose whether to travel to other resorts and should you choose not to do so you will forfeit the course.

On some courses, for example the off-piste options, and tours the group will be traveling far away from the original destination. Some itineraries and routes may end up away from the lift system. Taxis or local transport may need to be used to return to the original destination. In this event any expenses for transport will need to be met by you. Full information about any such likely expense will be given in the relevant Trip Details.

If you think you may opt out of a session for any reason please aim to do so before the start of the session and if possible let the instructor, leader or mountain guide working on behalf of the O-pTSC know beforehand. If you choose to opt out during a session or tour, the instructor, leader or mountain guide will lead you to a safe place from where you can opt out. From this point you will be accepting all responsibility for yourself. Should you have an accident returning to your original destination this will be your responsibility. In certain situations when safety is an issue the instructor, leader or mountain guide will inform you that opting out is not advised until the group reaches a safe place. If you choose to go against this advice you may seriously endanger yourself and others that may have to be called to your rescue should you get into trouble. Should you choose to opt out you will be taking full responsibility for yourself.

Please read our information on Insurance. It is essential that you are fully insured with Travel and Winter Sports cover appropriate to the course or tour you are booking onto.

F.I.S. SKIERS CODE OF CONDUCT (Downhill ski areas)
It is the responsibility of every skier whether skiing by themselves or in an O-pTSC group to adhere to the FIS skiers Code of Conduct as listed below. Failure to do so, could lead to civil and criminal liability in the event of an accident.

1 Respect for Others
Skiers must behave in such a way that they do not endanger or prejudice others. Skiers are responsible for their behaviour and their equipment.

2 Control of Speed and Skiing
Skiers must ski in control. They must adapt their speed and manner of skiing to their personal ability and to the prevailing conditions.

3 Choice of Route
Skiers coming from behind must choose their route so as to not endanger skiers ahead. In other words, the skier in front/below always has priority.

4 Overtaking
Skiers may overtake other skiers above or below and to the right or the left, provided they leave enough space for the overtaken skier to make any voluntary or involuntary movement.

5 Entering and Starting
Skiers entering a marked run or setting off must look up and down the run to make sure that they can do so without endangering themselves or others.

6 Stopping on the Piste
Unless absolutely necessary, skiers must avoid stopping on the piste in narrow places or where visibility is restricted. After a fall in such a place the skier must move clear of the piste as soon as possible.

7 Climbing and Descending on Foot
Whether climbing or descending on foot, Skiers must keep to the side of the piste.

8 Respect for Signs and Markings
Skiers must respect all signs and markings.

9 Assistance
At accidents all skiers are duty-bound to assist. Hit and run offence in skiing will incur a criminal conviction similar to hit and run offence on the road.

10 Identification
All skiers and witnesses, whether a responsible party or not, must exchange names and addresses following an accident.

Further Information
The full explanation of these 10 rules can be viewed at the official FIS (Fédération Internationale de Ski) website. We suggest you read them: International Ski Federation 10 Rules for Conduct (pdf)

Office number: (00 44) (0)1286 650798
Mobile number (all year): (00 44) (0)7879 605042



Our Terms and Conditions
Below are the terms and conditions on which the The Off-piste & Telemark Ski Company (O-pTSC) provide courses and tours, as fully described in their website and the 'Trip Details' specific to each course or tour. The O-pTSC is a trading name for John Eames whose address is the Off-piste & Telemark Ski Company, Ty'n y Mynydd, Groeslon, Waunfawr, Caernarfon, Gwynedd, LL55 4 SB, United Kingdom. We require you to confirm your agreement to these terms and conditions so please read these terms and conditions carefully and 'check' the appropriate box at the end of the on-line Booking Form.

You acknowledge that you are choosing to travel at a time where you may be exposed to the COVID-19 virus. You also acknowledge that you must comply with all advice and guidance issued by relevant health authorities. We will take all reasonable steps to ensure your safety and may require you to follow additional safety protocols on your trip. We use information from government foreign departments and reports from local suppliers in assessing how your itinerary should operate.

However, it is also your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks, and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel.

To the fullest extent permitted by law, we accept no liability in relation to these additional risks. In the event that you do feel unwell whilst abroad, we ask that you comply with instructions given by the health authorities. For the latest advice please visit the Foreign, Commonwealth & Development Office (FCDO) website. Please follow any government advice while you are in resort, too.

We advise that before booking, you check any travel restrictions that may be in place for your chosen destination. You can view this on the FCDO website.

We also advise that you must check requirements for Covid testing, both on arrival in the destination country and on return to the UK. You should be aware of the additional costs for these and that responsibility for payment of tests rests with you, the customer.

Currently, government policies across the globe in the light of Covid mean that changes in travel and border regulations are likely and unpredictable. For example: changes in quarantine requirements for passengers returning to the UK; or lock down or quarantine obligations in the destination country or region may occur. Also, changes to entry requirements or the closing of borders at the destination country may be possible; or changes to FCDO travel advice.

Cancellation and refunds: Please note that whilst we will take reasonable steps to obtain refunds from our suppliers in any of these events, if we are unable to do so, we will not always be able to offer a refund or alternative travel. We are only obliged to offer a refund or alternative travel arrangements in the event that we are constrained to make a significant change or a cancellation. The situations above generally will not constitute us being so constrained. See our changes and cancellations clauses for full details.

NB if a change of Covid-19 related travel, prevention of the spread of infection and/ or quarantine regulations mean that we are obliged to cancel a trip then we will refund all amounts that we are able to obtain from our suppliers and as allocated for our own programmed services, less a £95 administration fee. This fee will be charged in all such Covid-19 related circumstances and is necessary to cover costs incurred in planning and organising your trip.

If you choose to cancel, cancellation charges will be payable (please refer to the 'If you cancel' section below) but if the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

Our Instructors and Leaders
Some of the Services described in specific Trip Details will be provided to you by the O-pTSC and our Instructors and Leaders. All of our Instructors and Leaders are self-employed and are not under our direct control. We will endeavour to ensure that they have sufficient experience, qualification and training to assist us in providing the trip to you to the standards set out in the Trip Details.

Full payment of the Price (less the balance of the Deposit) becomes due no later than 28 days prior to the date of commencement as described in the Trip Details and will be clearly set out in the Booking Confirmation. Interest shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 2% above the Bank of England base rate from time to time and shall accrue at such a rate after as well as before any judgment.

A non-refundable deposit specified in the Trip Details is payable at the time of your booking and your booking will not take effect until we have received the Deposit.

If you cancel
If you have booked a trip as described in the Trip Details and you cancel with more than 42 days notice (Nordic trips) or 28 days notice (Alpine & Telemark trips), then the TSC are entitled to retain your Deposit. This is to compensate the TSC for losses incurred as result of the cancellation including administrative costs incurred in seeking to mitigate its losses by re-offering and re-advertising the vacancy in the trip. This charge does not affect any other rights that the O-pTSC may have. If you cancel the O-pTSC can credit your Deposit towards an alternative course or tour booked within 90 days of the date of cancellation; your intention to do so should be stated at the time of cancellation.

If you have booked the trip as described in the Trip Details and you cancel with less than 42 days notice (Nordic trips) or 28 days notice (Alpine & Telemark trips), then you are liable to pay the full Price (the balance due after paying the deposit as detailed in your Booking Confirmation/Statement). This is to compensate the O-pTSC for losses incurred as result of the cancellation including administrative costs incurred in seeking to mitigate its losses by reoffering and re-advertising the Trip Details. The O-pTSC may choose to refund monies that are for hotels, transfers or any other services, only if the O-pTSC is not liable to pay those providers because of the cancellation policies of those providers. This charge (the payment of the full price) does not affect any other rights that the TSC may have.

If we cancel
We may have to cancel the services as described in the Trip Details but will use our best endeavours to avoid such cancellation less than 42 days notice (Nordic trips) or 28 days notice (Alpine & Telemark trips), prior to the commencement date as described in the Trip Details. If we cancel the course or tour as described in the Trip Details we will either offer you another scheduled course or tour without further charge to you or, if this is not possible, offer you a full refund of the Price and /or Deposit as appropriate. For avoidance of doubt the O-pTSC are not liable to you for any further losses or damage as a result of such a cancellation.

The O-pTSC may cancel or substantially change the services described in your Trip Details during the provision of the services. This will usually be at the request of one of our Instructors or Leaders on the grounds that your own acts or omissions are placing the other members of the group at risk or you are causing unreasonable disruption. In such circumstances the O-pTSC are entitled to retain all monies paid to us to compensate the O-pTSC for losses incurred as result. This charge does not affect any other rights that the O-pTSC may have. In such circumstances the TSC are not liable for any loss or damage you suffer as a result of the cancellation, for example, but not limited to, your additional costs for additional travel and accommodation.

Complaints & Disputes
If you are unhappy with the Services we provide you should discuss any problems or issues directly with the instructor, leader or mountain guide, immediately during your ski course or tour. They will help rectify the problem as soon as possible if they can. Failure to speak with anyone during your stay could invalidate any complaint you may choose to make after your return. If you are still unsatisfied on your return please write direct to O-pTSC within 28 days of returning home. If you wish you may, at any time, take court proceedings. If so, you must do so within the courts of England and Wales. This contract is governed and construed by the law of England and Wales.

Contracts (Rights of Third Parties) Act 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

You may not assign, sub-contract, or otherwise transfer any of your rights and obligations under this Agreement. This includes but is not limited to the resale of the Trip Details on auction websites such as Ebay. Please instead refer to the cancellation provisions in this Agreement.

Entire agreement
This Agreement together with the Booking Form and the Trip Details is intended to be the sole and complete statement of the rights and obligations of the parties as to its subject matter and supersedes all previous oral and written representations, understandings, negotiations, arrangements, proposals and agreements relating to such subject matter. Any amendment to this Agreement must be in writing and signed by both parties.

The Trip Details
The Trip Details will describe the services that we are providing you with. We shall endeavour to provide the Trip Details to you with all reasonable skill, care and diligence and in accordance with current legislation. By the nature of services provided under the Trip Details and in the interests of your own safety we cannot guarantee that the services provided under the Trip Details will be exactly as described and reserve the right to reasonably amend the Trip Details not limited to but for example in the event of severe weather or dangerous snow conditions.

The price is described in the Trip Details. We accept payment by credit card, debit card, or bank transfer. The Trip Details sets out specifically what is included within the price and for the avoidance of any doubt you are responsible for any other costs.

The O-pTSC reserves the right to charge additional amounts in the event that it incurs further costs as a result of providing you the services specified in the Trip Details or (if necessary) any changes that need to be made to the Trip Details.

The O-pTSC further reserves the right to charge additional amounts in the event that it incurs further costs as a result of fluctuations in the rate of currency exchange. The cost to the O-pTSC of materials or services purchased overseas for the purposes of providing the services in the Trip Details may be more or less than the cost anticipated at the date of this Agreement. We hope that such additional charges will not be necessary but in the event they are, you may cancel your booking without penalty if the surcharge amounts to more than 10% of the Price.

Health and Physical Ability
On entering into this Agreement you warrant to the O-pTSC that you are in good overall physical and mental health. You must notify us in the Booking Form if there is anything you consider might affect you during the provision of services as described in the Trip Details. The O-pTSC reserve the right to cancel (pursuant to the above clause), refuse your booking or request that you leave the course or tour if it considers that you are not of the standard of health or fitness appropriate to the services as described in the Trip Details.

You must obtain appropriate travel and winter sports insurance from an insurer of repute to cover you for the duration of the course or tour as described in the Trip Details for (but not limited to) the risk of cancellation, personal injury, death, baggage. The Winter Sports element must include cover for skiing as appropriate to the activities described in the Trip Details, with cover for search and rescue, medical expenses, repatriation, etc.

Travel Documents
You are responsible for ensuring that you have all necessary travel documents and permits. The O-pTSC accepts no liability for loss of damages arising in the event that you cannot travel and in such circumstances you will not be entitled to any refund of the Price or Deposit.

Limitation on our liability to you
The O-pTSC has no liability to compensate you for any loss or damage (in the case of loss or damage other than loss or damages for death or personal injury).

Limitation and exclusion of liability for personal injury and death
The services described in the Trip Details will take place in an open environment and are by their nature are not free from hazards. By entering into this Agreement you acknowledge that there is a risk of injury to your person or even death. The O-pTSC will compensate you for any loss or damage you may suffer (limited to the excess in your own insurance) if we fail to carry out duties imposed on us by law (including if we cause your death or personal injury to you by our negligence) but unless that failure is attributable:

to your own fault;

one of our Instructors or Leaders;

a third party unconnected with the O-pTSC; or

events which we could not have foreseen or forestalled even if we had taken all reasonable care.

Contacting each other
If you wish to send O-pTSC any notice or letter then you should send it to:
The Off-piste & Telemark Ski Company,
Ty'n y Mynydd,
LL55 4SB
United Kingdom

If we wish to send you a letter or notice we will use the address you have given in the Booking Form.

Force Majeure
If TSC has to cancel your course or tour as described in the Trip Details for reasons due to a 'Force Majeure' which means an event beyond either party's reasonable control including, without limitation, act of God, civil disorder, war or military operations (or the threat thereof), terrorism (or the threat thereof), national or local emergency, epidemic or pandemic (affecting the UK or destination country), acts or omissions of government, highway authority or other competent authority, industrial disputes of any kind (other than those involving company's staff, employees or contractors), fire, lightning, explosion, flood, subsidence, weather of exceptional severity and acts or omissions of persons for whom neither party is responsible which event is not foreseeable and could not have been reasonably avoided O-pTSC shall have no liability in respect of the performance of its obligations and will be entitled to retain any Payment received.