1. Contract
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, registered office: Becket House, 36 Old Jewry, London, EC2R 8DD, 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 and includes each person travelling on the tour (including anyone substituted in at a later date). 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.
The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations. Therefore you will benefit from all EU rights applying to packages. We will be fully responsible for the proper performance of the package as a whole. Additionally as required by law, we have protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that we become insolvent. More information on key rights under the package travel and linked travel arrangements regulations: https://www.legislation.gov.uk/uksi/2018/634/schedule/2/made
To make a booking with us the Group Leader must send us a completed and signed booking form, a signed data sharing agreement 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 70 days before your tour is scheduled to begin, 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.
2. Your Financial Protection
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 Package Travel and Linked Travel Arrangements Regulations 2018, 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 packages sold by the Policyholder as principal to the contract
- Non-ATOL flight inclusive bookings
- UK day trips
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 as may be applicable, subject to the terms of the insurance policy
Customers’ prepayments are protected by a TOPP policy.
In the unlikely event of financial failure please contact the claims helpline on 01702 811397. 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 Accelerant Insurance Europe SA (Accelerant), an insurance company, which is authorised and regulated by the National Bank of Belgium and regulated by the Financial Services and Markets Authority (Ref. 3193) acting in the UK under the Freedom of services.
3. ABTA
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 ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform. This ODR platform is a means of notifying us of your complaint; it will not determine how your complaint should be resolved.
4. Payment Schedule
When you make your booking you must pay a deposit. We will tell you the amount of the deposit at the time you book. We will also tell you if a flexible deposit payment plan applies (which means you pay your deposit in instalments). Any deposit payment (including any flexible deposit plan payment) is non-refundable and may include the full cost of flights. We will tell you if the flight costs are included in your deposit. Non-refundable flights cannot be refunded to you should you choose to cancel after those flights have been booked. If you cancel before a flexible deposit has been fully paid, you will still be liable for and agree to make any outstanding flexible deposit plan payments regardless of the fact you have cancelled.
When you make your booking we may also require you to pay for any non-refundable and/or non-transferable items such as entry tickets for particular attractions. Any such payments shall be in addition to and not form part of any deposit and/or air fares.
Our prices are applicable for students in full time education under the age of 18. A supplement may be applicable for anyone over the age of 18 at the time of travel.
The balance of the price of your travel arrangements must be paid at least 70 days before the departure date. 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 and any non-refundable flight and/or other costs which do not form part of the deposit. In certain cases, after you have paid an initial deposit and before the balance of your tour price is due, you may have to pay an additional non-refundable amount to secure flights. We will confirm the non- refundable amount with you before we book the flights. If you decide not to proceed at that stage, we will return your deposit and your tour will be cancelled without any cancellation charges being incurred.
5. Your Holiday Price
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 20 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 8% 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.
6. Changes By You
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, with reasonable notice, from the Group Leader. You may be asked to pay a reasonable administration charge (which is non-refundable) 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 can transfer your booking to another person, who satisfies all the conditions that apply to this booking, by giving us notice in writing as soon as possible and no later than 7 days before departure. Both you and the new traveller are responsible for paying all costs we incur in making the transfer.
7. Cancellation By You
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 The Colony, Altrincham Rd, Wilmslow, SK9 4LY, 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 will 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. Where any cancellation reduces the number of full paying group members below the number on which the price, number of free places and/or any concessions agreed for your booking was based, we will recalculate those items and you will have to pay any additional fees due as a result, in addition to any applicable cancellation fees.
Where we have agreed a flexible deposit plan with you, the terms of that agreement prevail over this clause where there is any conflict between what we have agreed for your particular tour and these terms but for the avoidance of doubt any reference to ‘deposit’ in this clause means the full amount of a deposit even where we have agreed a flexible deposit plan, where the full amount will be all payments due under the flexible deposit plan.
Number of days before departure within which we receive written notice of cancellation: | You receive a full refund minus: |
71 days plus | Deposit and any other non-refundable payments |
70 - 31 days | 75% of total tour cost per passenger |
30 days or less | No refund |
Even if you have not paid the full deposit or any non-refundable flight charges at the time you choose to cancel you will still be liable for these and agree to pay them regardless of the fact you have cancelled.
If you have paid for other non-refundable items such as entry fees, which are paid in addition to the deposit as explained in clause 4 above, you will not be entitled to a refund for these unless we are able to secure a commensurate refund from the relevant supplier.
Notes:
- 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.
- 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.
8. Changes or Cancellation By Us
As we plan the arrangements many months in advance, we may occasionally have to make changes to or cancel your booking and it is a term of your booking that we are able to make changes to any aspect of it at any time. If the change is insignificant, we will ensure that you are notified about it. Examples of insignificant 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.
If we are constrained by circumstances beyond our control to alter significantly any of the main characteristics of the travel services that make up your package you will have the rights set out below.
- We will contact you and you will have the choice of accepting the change or having a refund of all monies paid. You can also accept an alternative holiday, where we offer one (we will refund any price difference if the alternative is of a lower value). We will tell you the procedure for making your choice. Please read any notification of changes carefully and respond promptly as if you do not respond to us within the timescale given your booking may be cancelled.
- If you choose to accept a refund:
- we will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.
- we will pay compensation as detailed below except where the significant change is due to unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
Cancellation: We reserve the right in any circumstances to cancel your travel arrangements. However, we will not cancel your travel arrangements less than 70 days before your departure date, except for unavoidable and extraordinary circumstances or failure by you to pay the final balance. Unavoidable and extraordinary circumstances means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. If your holiday is cancelled, 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.
Period before departure within which major change is notified: | Compensation amount per paying passenger from us: |
71 days plus | NIL |
70 - 29 days | £4 |
28 - 15 days | £6 |
14 days or less | £8 |
9. UK Air Safety List
If your assigned airline or any substitute airline is or becomes listed on the UK 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.
10. Group Leader's Responsibilities
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. Please note, special requests will not form part of your holiday contract unless we specifically agree that this will be the case.
- 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 14 and 15)
- 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.
11. Travel Insurance
We offer travel insurance acting as an agent for Endsleigh and we will include this in our quote but you do not have to accept it and can use your own insurance, which must be adequate and suitable for your needs at the time of travel and comply with any minimum cover levels we specify. If you do opt out of our insurance, we will require a copy of your insurance policy before departure. If you fail to take out such insurance, we reserve the right to deem you have cancelled your booking and cancellation fees will apply as outlined in clause 7 “Cancellation By You”.
12. Our Liability To You
You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. If any of the travel services included in your package are not performed in accordance with the contract, or are improperly performed, by us or the travel service suppliers, and this has affected the enjoyment of your travel arrangements, you may be entitled to an appropriate price reduction or compensation or both. We will not be liable where any failure to perform or improper performance of the travel services is due to: you or another member of your party; or a third party unconnected with the provision of the travel services in the package and is unforeseeable or unavoidable; or unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times 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 travel services that make up your package. These terms are incorporated into this booking; and
- 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 and conditions under which compensation can be claimed 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 the extent of or the conditions under which compensation is to be paid under these or any conventions.
You can ask for copies of the travel service contractual terms, or the international conventions, from our offices. Under UK 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 will be publicised at UK airports and available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in these booking conditions. If any payments to you are due from us, any payment made to you by the airline or any other service provider will be deducted.
If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday.
NB this entire clause 12 does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday.
13. Excursions
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.
14. Passport, Visa and Immigration Requirements
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.
15. Medical Conditions
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, Commonwealth & Development Office’s latest advice on travel, please visit https://www.gov.uk/foreign-travel-advice
16. Persons with disabilities or persons with reduced mobility
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. If you do not inform us of such a condition, we will not be liable if an airline refuses to accept you or any member of the party as a passenger.
Under UK and 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.
17. Personal Property
Your personal property, including luggage, is your responsibility at all times during your tour.
18. If You Have A Complaint
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.
19. Data Protection
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. When arranging your booking we will send you a Data Sharing Agreement which you are required to sign and return to us in order to enable us to proceed with your booking. This will explain in more detail what data we need, why we hold it and what your rights are in relation to it. Please also refer to our privacy policy.
20. Customer Reviews
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.
Updated September 2023