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Contract | Your Financial Protection | ABTA | Flights | Payment Schedule | Your Holiday Price | Changes By You | Cancellation By You | Changes or Cancellation By Us | Force Majeure | Banned EU Airlines | Group Leader's Responsibilities | Travel Insurance | Our Liability to You | Excursions | Passport, Visa and Immigration Requirements | Medical Conditions | Persons with Disabilities or Persons with Reduced Mobility | Personal Property | If You Have A Complaint | Data Protection | Customer Reviews
Your contract is with The City Break Company Ltd, trading as TCBC School Tours, (referred to as “we” or “us” in this contract) ATOL number 10834, registered in England and Wales, company number 05404342, head office: 35 Wilmslow Rd, Cheadle, Cheshire, SK8 1DR, England. It is important that you read these booking conditions carefully. “You” and “your” refers to the school or organisation that is booking the tour and the Group Leader for the tour in question as named in the booking form. The contract that is formed is between The City Break Company Ltd on the one hand and the school or organisation and Group Leader jointly on the other hand.
To make a booking with us the Group Leader must send us a completed and signed booking form and the required deposit as confirmed in our quote. A contract will exist only when we have received both of these and have issued our confirmation invoice. If you are booking less than 90 days before your Russia, China or America tour is scheduled to begin or less than 70 days for all our other tours, you will be asked to pay the full price of your holiday at the time you book. By completing and signing the booking form the Group Leader accepts these booking conditions on behalf of all group members travelling on the tour and will be our only point of contact for correspondence. Your contract with us is subject to these booking conditions and is governed by English Law and the exclusive jurisdiction of the English courts except if you live in Scotland when you may choose to have the contract governed by the laws of Scotland and the jurisdiction of the Scottish courts.
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.
In respect of non ATOL protected flights or non-flight inclusive holidays, the following applies:
Total Payment Protection (TOPP) Policy cover:In compliance with the UK Package Travel, Package Holidays and Package Tours Regulations 1992 an insurance policy has been arranged with Travel & General Insurance Services Limited (t&g), to protect customers’ prepayments in the unlikely event of our financial failure and paid in respect of
• non-flight inclusive packages commencing and returning to the UK
• the ground handling aspects of packages where the customer is responsible for arranging travel to the destination offered on this website (subject to the terms of the insurance policy), for:
• a refund of such prepayments if customers have not yet travelled, or
• making arrangements to enable the holiday to continue if customers have already travelled
• repatriation of customers to the UK or their home country as may be applicable.
Customers’ prepayments are protected by a TOPP policy.
In the unlikely event of financial failure please contact the claims helpline on 0870 0137 965. A copy of the policy is available on request.
This policy is provided by Travel & General Insurance Services Limited (t&g), registered number 02527363 and underwritten by Hiscox Insurance Company Limited (Hiscox), registered number 00070234. t&g and Hiscox are authorised and regulated by the Financial Conduct Authority and the Prudential Regulation Authority (number 113849)
We are a Member of ABTA, membership number Y2117. 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, or in connection with this contract. The arbitration scheme is arranged by ABTA and administered independently by IDRS, part of the Chartered Institute of Arbitrators. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation 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 twelve months of the date of return from holiday. Outside this time limit arbitration under the Scheme may still be available if we agree, but the ABTA Code does not require such agreement. For injury and illness claims, you can request the ABTA/IDRS Mediation Procedure and we have the option to agree to mediation. Further information on ABTA’s assistance in resolving disputes can be found on www.abta.com
When you make your booking you must pay a deposit of £250 per person for our Russia, China and America tours and 25% per person for our other tours (unless we have agreed a flexible deposit payment plan with you at the outset and which is detailed in our quote). The deposit payment is non-refundable. The balance of the price of your travel arrangements must be paid at least 90 days before the departure date of your Russia, China or America tours or 70 days before departure of our other tours. If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit.
The price of your travel arrangements is calculated using exchange rates quoted in the Financial Times Guide to World Currencies on the date of our quotation. These can be found in the Markets Data Archive section of www.ft.com
Changes in transportation costs (including the cost of fuel), dues, taxes or fees chargeable for services such as landing taxes, embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked. 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 holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed 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 holiday go down due to the changes mentioned above, by more than 2% of your holiday 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.
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, 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 Group Leader. You may be asked to pay a reasonable administration charge and any further costs 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 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.
You, or any member of your group, may cancel your travel arrangements at any time. Written notification of cancellation from the Group Leader must be received at our offices at 35 Wilmslow Rd, Cheadle, Cheshire, SK8 1DR, England. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges as outlined in the table in this clause. These charges would also apply in the event of you cancelling the entire tour. In order to avoid cancellation fees where possible, we allow cancellations of individual group members with replacement group members at any time providing we can make any necessary tour adjustments before departure and subject to the replacement group member securing a valid visa before departure where necessary. If the replacement group member affects accommodation costs or any other trip costs, you will be required to pay the difference. If cancellations without replacements mean that the total group size falls below the minimum numbers agreed in our quotation, we may need to charge a small group supplement in addition to our standard cancellation fees.
Number of days before departure within which we receive written notice of cancellation
|You receivea full refundminus|
91 days plus (Russia, China, America tours)
|£250 deposit per passenger|
71 days plus (all other tours)
|Deposit of 25% per passenger|
90 - 31 days (Russia, China, America tours)
70 - 31 days (all other tours)
|75% of total tour cost per passenger|
30 days or less (all tours)
Notes: (i) If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim some of these charges. (ii) No refunds are provided for meals, accommodation, transportation and activities missed by members of your group for reasons of absence once the tour has started.
As we plan the arrangements many months in advance, we may occasionally have to make changes to or cancel your booking and we reserve the right to do so at any time.
Cancellation: We reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 90 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If we are unable to provide the booked travel arrangements, you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value). If it is necessary to cancel your travel arrangements, we will pay you compensation if appropriate.
Changes: Where we make minor changes, for example a change of accommodation to another of the same standard, alteration of your outward/return flights by less than 12 hours or a rescheduling of the itinerary, we will advise you of them at the earliest possible date. If we make a major change to your holiday, we will inform you 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 an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your booked holiday and receiving a full refund of all monies paid. In all cases, except where the major change arises due to reasons of force majeure, we will pay compensation as detailed below:
Period before departure within which
major change is notified
|Compensation amount per paying passenger from us|
90 days plus (Russia, China, America tours)
70 days plus (all other tours)
90 - 29 days (Russia, China, America tours)
70 - 29 days (all other tours)
28 - 15 days (all tours)
14 days or less (all tours)
Very rarely, we may be forced by force majeure to change or terminate your holiday after departure but before the scheduled end of your time away. If this extremely unlikely situation does occur, we regret we will be unable to make any refunds (unless we obtain refunds from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
We will 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 or that of our suppliers. These can include, for example, war or threat of war, actual or threatened terrorist activity and its consequences, riots, civil disturbances, industrial disputes, strikes, governmental restrictions of any kind, natural or nuclear disasters, explosions, fire, floods, hurricanes, snowstorms and adverse weather conditions, acts of God, epidemics and pandemics, unavoidable technical problems with transport, closed or congested airports and any other similar events beyond our control.
EC Regulation No 2111/2005 which came into force in the UK in January 2006 requires the establishment of a Community list of carriers subject to an operating ban throughout the EU and publication of that list to passengers. The list is published by the EU Commission and can be found by going to http://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm. In the event that your assigned airline or any substitute airline is or becomes listed on the Community list you may be entitled to reimbursement or re-routing if your flight is cancelled because it is subject to an operating ban. Further information can also be found on the CAA website at www.caa.co.uk
When you book with us you, as Group Leader, accept full responsibility for:
- Making all payments due to us on time
- Sending all necessary paperwork to us, including, but not limited to, group member details and rooming lists
- Ensuring all special requests including medical and dietary requirements are communicated to us well in advance of departure
- Ensuring all group members have a valid passport (and visa if required)
- Ensuring all group members are in possession of all necessary travel and health documentation before departure (see clauses 15 and 16)
- The supervision of your group and for taking reasonable steps at all times during the tour to prevent damage or disturbance
- Any damage or loss caused by you or any member of your group. Full payment for any such damage or loss caused by the group must be paid directly at the time to the accommodation owner or manager or other supplier. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with your own and the other party’s full legal costs) as a result of your actions.
- Ensuring that you and your group observe all local laws and regulations which apply to you and your group when abroad including those concerning smoking, drugs and the consumption of alcohol. Subject to local laws and regulations you must ensure that no member of your group who is under 18 years consumes alcohol unless you have the written permission of their parent or guardian. Alcohol must not be drunk to excess. You must ensure that no member of your group smokes in bedrooms, on coaches or in any other area where smoking is not permitted. We cannot accept liability for the behaviour of others in your accommodation or if facilities are removed. In the event of any group member behaving in a way that is likely (in our reasonable opinion or the reasonable opinion of any person in authority) to cause offence, damage, or distress to others, or failing to comply with the local laws and regulations as set out in this clause, we reserve the right to terminate that person’s tour arrangements and we will not be liable to complete their tour arrangements and will not be liable for any refund, compensation, or any other costs you or they may have to pay. Further, should local authorities become involved, the group member shall be subject to the laws of that country.
We are an authorised representative of Endsleigh Insurance Services Ltd for the sale of travel insurance. We purchase an annual policy of insurance that covers all our clients on all our holidays and this is included in the basic price of your holiday.
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 or any member of your group; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control (see clause 9), 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. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of twice the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to;
- the contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
- any relevant international convention 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. 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 the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control (see clause 9), 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.
Excursions or other tours that you may choose to book or pay for which are not part of your pre-booked itinerary and are not arranged by us are not part of your package holiday provided by us. For any excursion or other tour that you book which is not part of your pre-booked itinerary, 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.
We will assist groups with information and support relating to passport, visa and immigration requirements. Specific requirements for members of your group, including transit visas, are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept responsibility if any member of your group cannot travel because you or they have not complied with any passport, visa or immigration requirements.
Accommodation and other facilities in several countries you can travel to with us are not as well adapted for people with disabilities or medical conditions as in the U.K. Therefore if any member of your group suffers from a disability or medical condition that could affect their or the group’s ability to travel unaided or which limits their mobility then we must be notified of this in writing before you confirm your booking as this may affect your tour arrangements. You should also confirm that any assistance required by the individual can be met by other members of the group. If we feel unable to properly accommodate the particular needs of the person concerned, we 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.
It is your responsibility to ensure that all members of your group have the appropriate vaccinations and that these are up to date. For the Foreign and Commonwealth Office’s latest advice on travel, please visit www.fco.gov.uk
You must tell us when you book if any member(s) of your group has a disability or has reduced mobility which means they will need assistance at the airport or on board the aircraft.
Under EU law, an airline can only refuse to carry persons on the grounds of disability or reduced mobility if doing so would breach applicable safety requirements or if the size of the aircraft or its doors makes the embarkation or carriage of that person physically impossible. If you would like to know the safety rules and restrictions that apply to your flight please contact us. Alternatively you will be able to find them on the applicable airline's website.
Your personal property, including luggage, is your responsibility at all times during your tour.
In the unlikely event that you have a problem or cause to complain during your tour, the Group Leader must inform the local guide and the relevant supplier immediately, who will endeavour to put things right. Most incidents can be solved quickly and satisfactorily in situ. If your complaint is not resolved locally, please notify us in writing within 28 days of the date on which the tour ended. If the Group Leader fails to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on tour and this may affect your rights under this contract. Please also see clause 3 on ABTA.
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to use the information you provide such as name, address, email address, any special requirements etc for tour administration. We take full responsibility for ensuring that proper security measures are in place to protect your information. In making this booking, you consent to this information being passed on to the relevant suppliers of your travel arrangements. The information may also be provided to public authorities such as customs/immigration if required by them, or as required by law. Additionally, where your tour is outside of the European Economic Area, controls on data protection in your destination may not be as strong as the legal requirements in this country. We will hold your information, where collected by us, and may use it to inform you of offers in the future or to send you brochures. If you do not wish to receive such approaches in future, please advise us in writing.
We always ask our customers for feedback on their tours. We will ask your group for feedback at the end of your tour with us. By responding to our feedback request you agree that we may entirely at our own discretion publish anything you, your colleagues or your students send us in response and that we may publish extracts from these responses or shorten or paraphrase these responses to suit our editorial or marketing needs.