Terms and Conditions
For bookings to UK centres and to overseas centres by coach, the contract is with ELEMENTAL UK LTD Travel Ltd, ABTA bonded member Y2850. For air groups you are protected by the Civil Aviation Authority under ATOL 11034. Our registered office is Elemental UK Ltd, c/o Leigh Saxton Green, Mutual House, 70 Conduit Street. W1S 2GF.
ELEMENTAL UK LTD is a Member of ABTA with membership number Y2850. ABTA and ABTA members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint, contact ABTA, 30 Park Street, London, SE1 9EQ Tel: 020 3117 0500 or www.abta.com
A contract will only exist when we have received the required deposit and have received your completed booking form. The person signing the booking form accepts the following conditions on behalf of all party members and will be our sole point of contact for correspondence. The contract between us is governed by the Law of England and Wales and any dispute will be dealt with under the exclusive jurisdiction of the Courts of England and Wales, except if you live in Scotland, when you may choose to have the contract governed by the laws of Scotland, and any dispute dealt with in the Scottish Courts.
2. Financial Security
For bookings within the UK and overseas by coach, ELEMENTAL UK LTD holds a bond with ABTA. This arrangement means your money will be refunded or you will be brought back to the UK (where your contracted arrangements include return travel to the UK) if already abroad in the unlikely event of our being unable to provide your holiday due to our insolvency. ELEMENTAL UK LTD holds an Air Travel Organiser’s Licence issued by the Civil Aviation Authority (CAA) (ATOL number 11034). This means the bookings inclusive of air travel are ATOL protected. 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 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). For further information, visit the ATOL website at www.atol.org.uk
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.
3. To make a firm booking
A firm booking is made by completing the booking form and sending it with the deposits to Elemental UK Ltd, Swanpool Beach, Falmouth, Cornwall, TR11 5BG. Hereinafter referred to as ‘The Company', whose registered office is c/o Leigh Saxton Green, Mutual House, 70 Conduit Street. London, W1S 2GF. No contract exists until we have received the deposit and have issueda bookingconfirmation. The person signing the booking form confirms that he/she is duly authorised to bind all members of his/her party to the terms of this contract (each being jointly and severally responsible).
For UK schools and groups, where you have purchased insurance, the cover is included and commences when the deposit payment is received.
Deposits: Your tour cost is payable in three stages, unless otherwise indicated on your payment schedule.
First Deposit: normally £100 per paying person for groups travelling by coach, £200 for groups travelling by air. This must accompany your completed and signed booking form.
Interim Payment: We require an interim payment of £100 for each paying person travelling by coach or by air. This is to be paid not more than 8 weeks after the due date of the initial deposit.
Balance: a statement will be sent to you at least 12 weeks before departure. Your final balance should be sent not later than 10 weeks before departure. Bookings made within 10 weeks of the start of your trip MUST be paid in full at time of booking. We reserve the right to consider our contract terminated, by you, if any payment is late.
Cancellations are only accepted when received in writing, and charges will be made as follows.
More than 12 weeks before departure: loss of all deposits and interim payments paid or due.
Between four and 12 weeks before departure: 60% of total cost to be paid.
Less than four weeks before departure: 80% of total cost to be paid.
Two weeks or less before departure: total invoiced cost.
For air tours, cancellation charges may apply in accordance with section 7b and the individual airline policy. However, if a transfer is not possible, please write to us immediately giving full details. The date of effective cancellation is calculated on the day of receipt of written advice.
If any cancellation brings the number of pupils below the minimum number required to qualify for a particular price, then the price will be adjusted accordingly.
You may of course make a claim on your insurance if your cancellation comes within the terms of the policy.
6. Price Information
Our prices are provided in good faith, based on the current academic year. The exchange rate used for overseas trips and quoted below was £1= 1.1Euros.
All prices that we advertise are correct at the date published and prices on our websites are updated regularly. Although we make every effort to ensure the accuracy of the website information and prices, we cannot guarantee it and we, therefore, reserve the right to change advertised prices at any time and to correct any errors in advertised and confirmed prices. Prices are obtained from suppliers in advance and may have changed by the time you come to book your trip; before you confirm your booking, we will give you the up-to-date price of your chosen tour including the cost of any supplements, upgrades or additional facilities which you have requested. Our tour prices are based on the costs of transport, accommodation, etc. Exchange rates are available on request and are dependent on current market rates.
All prices for UK and overseas trips by coach are guaranteed against any surcharge, except changes in the rate of VAT, drop in value of currency below the stated exchange rate above, increase in transportation costs . If payments are not received by the due dates, your trip may be subject to surcharges on currency, unforeseen increases in transportation costs and seaport charges, in addition to any surcharges resulting from governmental action. For tours by air, prices and flight details (if information has been released by airlines) will be confirmed at the time of making a provisional booking, but are subject to a surcharge on the following items: currency, government action, VAT, enforced increases in labour costs, aircraft fuel, overflying charges, airport charges and increases in air fares. In all cases where a surcharge is applicable we will absorb an amount equal to 2% of the trip price, excluding any insurance premium, amendment fees and changes in VAT. Only amounts in excess of 2% will be surcharged with a £1 per person administration charge. If this means paying more than 10% of the trip price you will be entitled to cancel the trip plus a full refund of all money paid (minus insurance premiums and any amendment fees incurred). Should you wish to cancel because of this, you must exercise your right to do so within 14 days from the issue date printed on the surcharge advice. You will be notified up to 30 days prior to departure if a surcharge is due on your trip.
7. Alterations & Amendments By You
Should you wish to make any changes to your confirmed booking, you must notify us in writing as soon as possible. Where we can meet your request, a fee of £25 per amendment will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers in making the change.
a) On trips by coach, additions to your party are usually possible at any time right up to the day prior to travel. However, you must always check with us first by telephoning 01326 318771.
b) For trips by air it is the party leader’s responsibility to ensure that all names are given in full and exactly as shown on the individuals’ passport. This information is often required at an early stage of booking and some airlines may not permit name changes. Most however, will treat name changes as cancellations and charge accordingly. We will pass these charges on to you. Once tickets have been issued or in the case of low cost carriers once names have been received, airlines will usually charge the full cost of the flight if a name is changed. If your final balance is overdue at the time of requesting this change this also must be paid in full before the change can be made.
8. If We Are Forced To Change Things
The arrangements announced in the brochure or price list or website or when quoted to you are given in good faith. Occasionally we have to make changes and we reserve the right to do so at any time. Most changes will be minor and all will be advised at the earliest possible date. In the unlikely event of it proving necessary to alter significantly or cancel your trip, we will offer a suitable alternative if available or 100% refund (within 14 clear days) if we are not able, in our opinion, to offer an alternative that is sufficiently comparable.
Compensation will be paid as below, per full fare paying passenger, if we have to make a major change to your trip within eight weeks of commencement, unless the change is due to circumstances beyond our reasonable control, including but not limited to war, the threat of war, riot, civil strife, actual or threatened terrorist activity, act of God, industrial dispute, governmental action, epidemic, disease, adverse weather or natural or nuclear disaster:
?70 – 35 days before departure: £5 per paying person
?35 - 15 days before departure: £7 per paying person
?14 days or less before departure: £10 per paying person
9. Travel Tickets & Vouchers
These are valid in conjunction with the particular travel arrangements booked and the route specified. No refund can be made for lost, mislaid, unused, unendorsed or expired tickets, coupons or vouchers. Any details given are provisional and do not commit any airline mentioned to providing a service.
(i) The Company is happy to accept full responsibility for acts and/or omissions of our employees, agents and suppliers in carrying out their contracted obligations. (ii) In addition we accept responsibility should the services we have agreed to provide prove deficient or not of a reasonable standard save that The Company shall not be responsible nor accept liability for death, bodily injury or illness caused to the signatory to the contract and/or any member of thegroup except asprovided in (iii) below. (iii) The Company shall accept responsibility for negligent acts and/or omissions by our employees, agents, suppliers or sub-contractors while they are acting within the scope of or in the course of their duties to The Company. The Company will deal with claims arising as a result of death, bodily injury or illness caused to the signatory, to the contract or any bona fide member of the group. Where the services in question consist of carriage by air or sea The Company shall be entitled to limit its obligations and liabilities as provided by relevant international conventions. Claims under this paragraph will be subject to English law. Further, should any member(s) of your party suffer illness, injury or death during your trip arising from an activity that does not form part of the arrangements made by us we shall where appropriate give you every help we can by way of initial assistance up to a maximum value of £5,000 per booking form.
11. Complaints Procedure
If there is any problem with your trip, it is essential that you contact your Elemental Representative as soon as possible so that we can try to rectify the situation on the spot. In the unlikely event that the matter remains unresolved, please write to us immediately on your return and we will do our utmost to find a satisfactory solution. Notice in writing of any claim or dispute must be received by us within 28 days of the date on which the trip ended.
If any dispute on an overseas trip booked with ELEMENTAL UK LTD cannot be amicably settled, it may be possible to refer it to arbitration under a special scheme arranged by the Institute of Arbitration in conjunction with the Association of British Travel Agents. This scheme provides for a simple and inexpensive method of arbitration on documents alone, with a restricted Terms & conditions
Please take the time to read the following conditions carefully. They are the basis for the contract between us and will assist you with your future plans. Liability on a customer 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 or mainly in respect of physical injury or illness or the consequences of such injury or illness, except for small compensation claims for minor injury or illness subject to a limit of £1,000 per person. Application for arbitration must be made within 9 months of return from the overseas tour. Further details can be supplied by ABTA on request.
12. Personal Property
Your personal property, including baggage, is your own responsibility at all times, unless any loss or damage is due to our negligence or failure to carry out our responsibility.
Teachers and/or other adults accompanying the party agree to act ‘in loco parentis’ at all times and will adequately supervise all members of the party. Where applicable, this responsibility is delegated to ELEMENTAL UK LTD staff e.g. for activity sessions. It is the Party Leader’s responsibility to ensure that:
a) No group member under 18 consumes alcoholic beverages.
b) No participant smokes on coaches, in any accommodation, in any smoke free places or behaves in any other way which may cause a fire hazard.
c) All party members wear the lap belts provided for all journeys by coach. (Not always applicable to coaches sourced overseas)
d) No participant breaks a UK or local law.
e) No participant uses illegal substances or 'legal highs'
f) Participants act in a responsible way and do not behave in a way likely to cause damage to property or offence to other people.
14. Travel Arrangements
Length of trip
In brochure/website descriptions, ELEMENTAL UK LTD considers Day 1 as the day of arrival at UK centres and the day of departure from the UK port/airport for overseas trips. The final day is the departure day from UK centres and the arrival back at UK port/airport for overseas trips.
For overseas trips, return coach travel from school to centre is included for groups subject to minimum numbers. Coach travel is an optional extra for UK trips. We use reliable operators offering modern, comfortable coaches with excellent back-up and breakdown cover. Please note the following details:
a) Use of coach: For overseas trips your coach is available to carry out your own choice of local visits and excursions, subject to EU drivers’ hours’ regulations. Please note, groups will be unable to use their coach on the afternoon of arrival in resort or on the morning of the day of departure from resort.
b) Drivers’ hours: All itineraries are agreed with coach companies prior to departure and adhere to strict EU driving regulations. All British coaches we use must be fitted with a tachograph to monitor driver hours.
c) Seat Belts in Coaches: By law, all British coaches transporting young people under 16 years of age are required to be fitted with lap belts. Coaches contracted by ELEMENTAL UK LTD will conform to this requirement.
The Party Leader and other accompanying adults are responsible for ensuring that the lap belts are worn at all times during coach travel. Please note that coaches hired locally on the Continent are not yet subject to the same legislation.
d) Cross-Channel Arrangements: All cross-Channel arrangements are based on short-sea car ferry services or the Eurotunnel service (if requested) and are subject to availability. Unless instructed otherwise, we will book the most convenient crossing available for your group.
Air Travel Flights booked may be operated by either a charter or scheduled service of a major airline. Flights will be in economy class. All overseas transfers are included; however transfers from school to a UK airport are not included but we will be happy to provide a competitive quote. Please note that: In accordance with EU Directive (EC) No. 2111/2005, Article 9, we are required to bring to your attention the existence of a ‘Community List’ which contains details on air carriers that are subject to an operating ban within the EU Community. Please refer to http://ec.europa.eu/transport/air-ban/list_en.htmIn accordance with EU Regulations we are required to advise you of the carrier or, if the carrier is not known, the likely carrier that will operate your flight at the time of booking. Where we are only able to inform you of the likely carrier at the time of booking, we shall inform you of the identity of the actual carrier as soon as we become aware of this. The UK departure airport, overseas arrival airport, carrier and flight timings are shown in our brochure, on our orange juicer website or in any other promotional material and detailed on your Booking Confirmation are for guidance only and are subject to alteration and confirmation. The latest route, timings and carrier will be shown on your tickets which will be despatched to you approximately two weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct route, flight times and carrier. It is possible that UK departure airport, overseas arrival airport, carrier and/or flight times may be changed even after tickets have been despatched – we will contact you as soon as possible if this occurs. Any change in UK departure airport, overseas arrival airport, the identity of the carrier, flight timings, and/or aircraft type (if given) will not entitle you to cancel or change other arrangements without paying our normal charges except where specified in these conditions. If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline in circumstances which would entitle you to claim compensation and/or another remedy from the airline under EC Regulation No 261/2004 – the Denied Boarding Regulations 2004, you must pursue the airline for any compensation due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations. If, for any reason, you do not claim against the airline and make a claim for compensation or any other sum from us, you must, at the time of payment of any compensation or other sum to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment.
Excursions: Please note that excursions are an optional extra on UK trips unless specifically included in your itinerary. Entrance fees to places of interest are payable in local currency by you on arrival at that visit unless otherwise stated. Where payment has been made in advance by ELEMENTAL UK LTD on your behalf for a visit, guided visit or excursion, we cannot refund any monies to the group for non-attendance or cancellation of the visit. The prices we provide for visits and excursions are correct at the time of printing and we cannot accept responsibility for price changes without notification prior to departure. Where a visit is not possible, every effort will be made to find an alternative. Visits are made on the terms and conditions advertised by the place of interest for which ELEMENTAL UK LTD can accept no liability, unless payment is made by ourselves as an integral part of your trip. Please note that your chosen itinerary is subject to EU drivers’ hours regulations.
15. Passports & Visas
The Party Leader is entirely responsible for the completion of passport formalities and other personal arrangements which may be necessary such as visas for non-British citizens.
Collective & Individual Passports
For information concerning individual and collective passports please visit the Home Office Identity and Passport Service website www.ips.gov.uk/passport The destinations featured in our promotional material do not currently require British citizens to hold a visa. Non-British passport holders are advised to check with the relevant Consulate/s with regard to individual visa requirements. Collective Passports for pupils aged 17 years or under are currently accepted by all the countries we visit.
16. Health Matters
The Party Leader signing the Booking Form is entirely responsible for passing on any health requirement information to other party members. Party Leaders may wish to refer to the Department of Health leaflet T7.1 ‘Health Advice for Travellers’ which offers health information for all destinations. Copies are available from Post Offices nation-wide. Although ELEMENTAL UK LTD’s extensive insurance covers the cost of emergency medical treatment abroad, we would still recommend that all party members travelling within the EU have a valid EHIC.
17. Special Requests
Any special requests must be clearly notified to us in writing. We do our best to meet any special requests made by you and ensure that these are forwarded to the appropriate persons. We cannot guarantee, however, that special requests will be fulfilled and failure to do so does not constitute a breach of contract. Special requests will only be held to form part of the contract between you and the Company when they have been confirmed in writing to be guaranteed by the Company.
18. Ages & Additional Adults
a) Prices are valid for pupils in full time education, aged up to 18 years on the day of departure unless otherwise specified. Pupils in full time education aged over 18 may be required to pay a small supplement. Details of supplements are available on request.
b) Accompanying adults over and above the free place allowance may join the trip at a supplementary charge, subject to availability of accommodation.
c) ELEMENTAL UK LTD reserves the right to re-cost the trip if more than 30% of the party is aged 21 years and over.
19. Additional Requirements
We are continually working to enable all young people to enjoy the many benefits of our trips. If members of your party have additional requirements, relating for example to disability, culture, diet etc. please provide full details at the time of booking. We will be pleased to undertake a fair assessment of service provision and identify appropriate resources with reference to such considerations as access, successful participation and health and safety.
20. Data Protection
We have measures in place to protect the personal booking information held by us. The contact details supplied, including postal address, telephone and email address, will only be used to fulfil trip administration and to communicate details of ELEMENTAL UK LTD’s and our associated companies’ products and services. The personal information supplied about party members will only be used to allow our employees, agents, subcontractors and suppliers to provide the promised service to our normal high standards.
We can only issue a VAT invoice for trips to our UK centres. Trips overseas fall within the Tour Operators Margin Scheme (TOMS), and therefore it is not possible to issue a VAT invoice.
We occasionally take pictures/video for ELEMENTAL UK LTD promotional purposes, including, (but not limited to) online, printed material and press releases. If any member of your group wishes NOT to appear in any such photography/video please let us know in writing prior to your trip, and once at the centre ensure that the ELEMENTAL UK LTD Group Leader with you is also made aware of any such restrictions.
ELEMENTAL UK LTD may use your written feedback in promotional materials whether it reaches us in letters or on our feedback forms. If you do not wish to be quoted, please could you inform us on any written material you send us.