Terms & Conditions | Diverse School Travel

Terms & Conditions

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Terms & Conditions

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YOUR CONTRACT IS WITH DIVERSE SCHOOL TRAVEL, a Member of ABTA.

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1. Your contract
When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. A contract will exist as soon as we issue our Confirmation of Booking paperwork.  This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so.

 

2. Your financial protection
We provide full financial protection for our package tours and holidays.
a)  For flight-based tours and holidays this is through our Air Travel Organiser’s Licence number [10802].  For further information please see www.caa.co.uk/atol-protection
b) When you buy a package tour or holiday that doesn’t include a flight, protection is provided by way of a bond held by ABTA.  For further information please see www.abta.com

 

3. ATOL
When you buy an ATOL protected flight or flight-inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you, and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
When you buy an ATOL protected flight or flight inclusive tour or holiday from us you will receive an ATOL Certificate. This lists the flight, accommodation, car hire and/or other services that are financially protected, where you can get information on what this means for you and who to contact if things go wrong. We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).

 


4. ABTA
We are a Member of ABTA, membership number Y6090. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of this contract. The scheme is arranged by ABTA and administered independently. It is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs.  The upper limit on claims is £5,000 per person and £25,000 per booking form. The scheme doesn’t apply to claims which are solely in respect of physical injury or illness or their consequences.   It can however deal with claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of your return. For injury and illness claims, you can request the ABTA Mediation Procedure and we have the option to agree to mediation. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.

 

5. The Price You Pay
a) The price of your travel arrangements was calculated using exchange rates quoted in the Financial Times Guide to World Currencies on 25th May 2017 in relation to the following currencies: €1.1546  $1.2969 CHF 1.2606
b) We reserve the right to alter the prices of any of the tours or holidays shown in our brochure or on our website. You will be advised of the current price of the tour or holiday that you wish to book before your contract is confirmed.
c) When you make your booking you must pay a deposit of £25 per person for coach tours or £100 per person for air tours (in some circumstances in order to secure the best flight price we may require a higher deposit for air tours).  A second deposit of 20% of the total booking price is due eight weeks later.  The balance of the price of your travel arrangements must be paid at least ten weeks before your departure date. If you do not make payments to the agreed schedule, you will lose the right to any bonuses or discounts that form part of your contract and we will pass on to you any amendment charges or cost increases that our suppliers apply due to delayed payments.  If the deposits or balance payment are not paid on time, we reserve the right to cancel your booking and retain your deposits.
d) If you have adhered to the payment schedule as outlined in 5c the price of your travel arrangements is fully guaranteed and will not be subject to any surcharges.
If you have not adhered to the payment schedule as outlined in 5c then the price of your travel arrangements may change after you have booked due to changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates.  However there will be no change within 30 days of your departure.  We will absorb, and you will not be charged for, any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that.  If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another tour or holiday if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel you must do so within 14 days from the date on your final invoice. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should the price of your tour go down due to the changes mentioned above, by more than 2% of your total cost, then any refund due will be paid to you. 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 travel due to contractual and other protection in place.
When you buy a flight-based tour or holiday from us through a travel agent, all monies you pay to the travel agent are held by him on behalf and for the benefit of the Trustees of the Air Travel Trust at all times. This is subject to the agent’s obligation to pay it to us for so long as we do not fail. If we fail, any money held at that time by the agent, or subsequently accepted from you by him, is and continues to be held on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us. When you buy a tour or holiday not including a flight, all monies you pay to the travel agent are held by him on our behalf at all times.

 

6. If You Change Your Booking
If, after our Final Confirmation documentation has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking or your travel agent. You will be asked to pay an administration charge of £25, and any further cost we incur in making this alteration.  You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Note: Certain travel arrangements (e.g. Apex Tickets) may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.
For flight inclusive bookings, you must pay the charges levied by the airline concerned.  As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the flight.

 

7. If You Cancel Your Booking
You may cancel your travel arrangements at any time. Written notification from the person who made the booking or your travel agent must be received at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay cancellation charges as follows:
Period before departure   Cancellation charge:
in which you notify us:
More than 10 weeks           Deposit(s) / Payment(s) due only*
22 days to 10 weeks           75% of total Price
0 to 21 days                              100% of total Price

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

*Please note that 'Deposit(s) / Payment(s) due only' means all payments made, or due to be made, on or before the date of cancellation, and the cancellation charges apply whether or not you have made these payments at the time of cancellation.

 

8. If We Change or Cancel Your Arrangements
As we plan your arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time. Changes: If we make a major change to your arrangements, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting our offer of alternative travel arrangements of comparable standard if available (we will refund any price difference if the alternative is of a lower value), or cancelling your tour or holiday and receiving a full refund of all monies paid.  In some cases we will also pay compensation (see below). These options don’t apply for minor changes. Examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers. Cancellation: We will not cancel your travel arrangements less than ten weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance.  We may cancel your tour or holiday before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached.  If your tour or holiday is cancelled you can either have a refund of all monies paid or accept our offer of alternative travel arrangements of comparable standard, if available (we will refund any price difference if the alternative is of a lower value).  In some cases we will pay compensation (see below).
Insurance: If we cancel or make a major change and you accept a refund, we will consider an appropriate refund of your travel insurance premiums if you can show that you are unable to transfer or reuse your policy. 
Compensation: If we cancel or make a major change we will pay compensation as detailed below except where the major change or cancellation arises due to reasons of force majeure. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
IF WE CANCEL OR MAKE A MAJOR CHANGE TO YOUR ARRANGEMENTS.
Period before departure  Amount you will receive
in which we notify you:     from us:
More than 10 weeks          Nil
22 days to 10 weeks          £5
0 to 21 days                            £15
Force Majeure: We can not pay you compensation if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport.

 

9. If You Have A Complaint
If you have a problem during your tour or holiday, please inform the relevant supplier (e.g. your hotelier) and our resort representative (or our Head Office support team) immediately who will endeavour to put things right.  If your complaint is not resolved locally, you must follow this up within 28 days of your return home by writing to our Customer Services Department giving your booking reference and all other relevant information.  It is strongly recommended that you communicate any complaint to the supplier of the services as well as to our representative without delay and complete a report form whilst in resort.  If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.  Please also see clause 4 above on ABTA.

 

10. Our Liability to You
If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements.  However we will not be liable where any failure in the performance of the contract is due to: you; a third party unconnected with the provision of the travel arrangements; where the failure is unforeseeable or unavoidable; unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; an event which we or our suppliers, even with all due care, could not foresee or forestall.  Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of 50% of the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to
(a) The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
(b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.
You can ask for copies of the transport companies' contractual terms, or the international conventions, from our offices.  Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights.  Full details of these rights will be publicised at EU airports and will also be available from airlines.  However reimbursement in such cases will not automatically entitle you to a refund of your tour or holiday cost from us.  Your right to a refund and/or compensation from us is set out in clause 8. If any payments to you are due from us, any payment made to you by the airline will be deducted.
NB this clause does not apply to any separate contracts that you may enter into for excursions or activities whilst on tour or holiday.

 

11. Prompt assistance in resort
If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of these services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.

 

12. Passport, Visa and Immigration Requirements
Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates.  We do not accept any responsibility if you cannot travel or are delayed because you have not complied with any passport, visa or immigration requirements.  The party leader is entirely responsible for the completion of passport and visa formalities and other personal arrangements which may be necessary such as visas for non-British citizens.  We cannot accept responsibility for any cost or fines incurred due to non-compliance with the above nor can we accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation.  Please be sure to take extra care if your travel arrangements involve transiting countries.
For all passport information, contact the UK Passport Service National Advice Line: 0870 521 0410 or on-line at
www.direct.gov.uk/passports.

 

13. Safety Standards and excursions
The requirements and standards of the country in which any services are supplied are those which apply to those services.  As a general rule these requirements and standards will not be the same as in the UK and may sometimes be lower.
Excursions or other tours that you may choose to participate in or lead or book or pay for whilst you are on tour are not part of your package tour or holiday provided by us.  For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us.  We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator or by you for self-led activities or excursions.  For your convenience we may list in your itinerary as “Own Arrangements” or "Self Booked" any of your own chosen excursions or activities that you inform us of in advance, and may arrange for your transport to and/or from such excursion sites.  This assistance is for your convenience only and does not allow or suggest any responsibility or liability whatsoever on our part for those excursions.

 

14. Conditions of Suppliers
Many of the services which make up your tour arrangements 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, usually in accordance with applicable International Conventions, and may affect your rights to compensation.  Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
This brochure or website is our responsibility, as your tour operator.  It is not issued on behalf of, and does not commit any independent organisations/suppliers/carriers whose services are featured in it.

 

15. Behaviour
The Party Leader is at all times responsible for the standards of behaviour of all members of the party.
We expect all clients to have consideration for other people.  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, we are entitled, without prior notice, to terminate the arrangements of the person(s) concerned.  In this situation, the person(s) concerned will be required to leave the accommodation or other service.  We will have no further responsibility toward such person(s) including any return travel arrangements.  No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.

 

16. Special Requests and Medical Problems
If you or any member of your party has any special request, you must advise us at the time of booking and clearly note it on you booking form.  Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be complied with unless we have confirmed this in writing.  Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation 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.  If you or any member of your party has any medical problem or disability which may affect your tour or holiday, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements.  In any event, you must give us full details in writing at the time of booking.  If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking, cancel when we become aware of these details.

 

17. Delay
On occasions flights, coach journeys, or ferry crossings may be delayed or altered due to circumstances outside our control.  It will be the responsibility of the individual airline, coach company, or cross-channel operator to offer refreshments depending on the length of the delay.  Airlines, coach companies, and cross-channel operators do not offer compensation for inconvenience, loss of tour or holiday time or delayed arrival in the UK due to flight delays.  Similarly we are unable to make any compensatory payments or provide refunds for any unused accommodation or facilities, missed connections or additional losses or expenses due to an extended delay, including unexpected road traffic delays, on the outward and/or homeward points of departure.  Insurance policies sometimes provide some cover in the event of such delays.

 

18. Insurance
All guests travelling with us are required to have valid travel insurance in place which is suitable for the travel and activities booked, including but not limited to all travel and activities you will undertake, medical costs and repatriation.  If we are arranging your insurance, details of the policy included in your price will be supplied at the time of booking.  Please read the details carefully.  It is your responsibility to ensure that the insurance cover is adequate for your needs, especially if you participate in any activities not arranged by us.  If you are arranging your own insurance cover, your policy must provide as a minimum the same level of cover as ours.  It is your responsibility to ensure you are adequately insured for the duration of your booking, we do not ask for proof of this.

 

19. Photography
We regularly take photographs and videos for promotional and training purposes; if you do not want you and/or your group members to appear in these you must inform us in advance of your departure.

 

20. This brochure
We will take all reasonable steps to ensure that the information contained within this brochure is accurate and relevant to your booking, however please understand that sometimes we print our brochures up to 20 months in advance of providing the services.  We therefore may make changes to the brochure after its publication. If we do so, we will communicate these changes to you in writing. 
If you wish to receive a copy of this brochure in another format which is more accessible to you please contact us.  For example, we will be happy to provide the brochure in electronic format, which will be scalable on screen or printable in a larger version, and also which will be compatible with text-to-speech conversion on a personal computer.

 

21. Data Protection
Please be assured that we have measures in place to protect the personal booking information held by us.  This information will be passed on to the principal and to the relevant suppliers of your travel arrangements.  The information may also be provided to public authorities such as customs or immigration if required by them, or as required by law.  Certain information may also be passed to security or credit checking companies.  We will only pass your information on to persons responsible for your travel arrangements.  This applies to any sensitive information that you give us such as details of any disabilities or dietary / religious requirements.  If we cannot pass this information to the relevant suppliers we may be unable to provide your booking.  In making this booking you consent to this information being passed on to the relevant persons.  Full details of our data protection policy are available upon request.
We will never pass any of your information on to third parties for marketing or other commercial purposes.

 

Diverse School Travel is a trading name of
Diverse World Ltd.
July 2017