Terms & Conditions

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We know that your educational tour is important. We want to enjoy it and continue to entrust your travel arrangements to us in future. We also know that reading ‘small print’ is a chore, but we want to be sure that you understand your commitment when making a booking. Please, therefore, spend a few minutes reading the booking conditions below, together with the information in the brochure, since they detail our obligations to you once you have made a booking. Please call us if you need any clarification or advice. References to “you” and “your” includes all persons on whose behalf a booking is made.

1. The Company

Broadway Tours is a trading name of Carrick Travel Ltd., 92 Warwick St., Leamington Spa, CV32 4UX, a member of ABTA (Y5030), who hold ATOL no. 1159; this means that you are fully protected in the unlikely event of their financial failure, both before and during your holiday. All arrangements comply with the Package Travel, Package Holidays and Package Tours Regulations 1992.

Both Broadway Tours and Carrick Travel Ltd operate a strict code of conduct and we take our obligations very seriously. The booking conditions below seek to explain as clearly as possible the responsibility between us when you make and we accept a booking. Carrick Travel Ltd is referred to as “we” and “us” in these conditions, which form part of the contract. By signing the booking form, you are agreeing, on behalf of all persons named on the booking form, to the booking conditions set out here.

2. Payment

Your booking must be made with the appropriate deposit (or full payment if the booking is within eight weeks of departure). The booking is not confirmed until the date shown on your confirmation/invoice, which is when this contract comes into existence. We will send you a confirmation/invoice normally within seven days of our receiving your booking form and first deposits.

Eight weeks after payment of first deposits, second deposits will be due. The balance of your tour cost must be paid no later than 8 weeks before departure (unless we advise otherwise) and the date for final payment is shown on the confirmation/invoice. If the balance is not received by the due date then we reserve the right to cancel your booking, and to retain the deposits. Please note that a 2.75% administration charge will be added to all payments made by credit card.

3. If you Cancel your Booking

Cancellation is only effective when written notice of your wish to cancel is received in our office from the person who made the booking. In order to cover our expenses, we will charge a cancellation fee according to the scale shown below:

Period before departure date within which written instructions are received by us. Cancellation fee shown as a % of tour costs.

More than 56 days: Deposits only
35 – 56 days: 60%
13 – 34 days: 75%
4 – 12 days: 90%
0 – 4 days: 100 %

4. If you Change your Booking

If you want to amend your booking we will do our best to help. We do, however, reserve the right to charge an amendment fee of £25 per person together with any further costs we incur in making the alteration. You should be aware that these costs could increase the closer to the departure date that changes are made, and please note particularly that changes made to airline reservations can often be costly. All amendments must be confirmed to us in writing by the person who signed the booking form.

5. If we Cancel your Booking

Cancellations by us may sometimes be necessary and we reserve the right to cancel your tour in any circumstances. In this event, except when the cancellation is as a result of your failure to pay the balance when due, you will be offered the choice of an alternative tour (if available) or a full refund of all monies paid. If we cancel your tour within 8 weeks of the departure date, you should receive compensation on the scale shown below, except where the cancellation is due to circumstances beyond our control.

Period before departure date compensation per paying person

More than 56 days: Nil
35 – 56 days: £10
14 – 34 days: £20
13 days or less: £30

6. If we Change your Booking

It is unlikely that we will have to change your booking, but sometimes changes become necessary. We therefore reserve the right to make changes to the arrangements described in this brochure. If a major change is necessary, we will inform you as soon as we can. A major change is one that involves a change of departure time from the UK of more than 12 hours, a change of destination (i.e. country), or offering accommodation with a lower classification that that advertised (except in the case of en route hotels). Please note that a change of sea or air port is not classified as a major change where coach transport from the school to the sea or air port is included in the tour cost, nor is a change of cross-Channel arrangements from ferry to Eurotunnel or vice versa. Should you decide not to accept a major change we will offer an alternative tour (if available) or offer credit towards another Broadway tour or refund all monies paid plus compensation as detailed in clause 5 above. Compensation payments do not apply to changes because of reasons of force majeure or due to circumstances outside of our control. Such circumstances include war or threat of war, civil strife, terrorist activity, adverse weather condition, natural or nuclear disaster, industrial dispute, fire and all similar events outside our control. We reserve the right to make changes to our advertised itineraries because of traffic or weather conditions, diversion, any other operational reason, or other reasons of force majeure, including any event which we or the supplier of the service(s) in question could not, even with all due care, have foreseen or avoided.

7. Our Responsibility for your Tour

(a) We accept responsibility for ensuring that your tour is supplied in accordance with these conditions and to a reasonable standard commensurate with the price of your tour. We have taken all reasonable care to ensure that suppliers such as hotels, coach and ferry companies are reputable concerns and that they comply with the local and national laws of the country in which they supply the services.
(b) In the unlikely event that your tour is not provided as set as 7(a) above, we accept liability in accordance with Regulation 15 of the Package Travel, Package Holidays and Package Tour Regulations, 1992 for damage caused to you by the failure to properly perform or the improper performance of this contract, unless the failure or improper performance is due neither to our fault or the fault of our supplier(s) of services, because (i) the failures which occur in the performance of the contract are attributable to you; (ii) such failures are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseeable or unavoidable; or (iii) such failures are due to unusual or unforeseeable circumstances beyond the control of us or our supplier(s), the consequences of which could not have been avoided even if all due care had been exercised; or such failures are due to an event which we or our supplier(s), even with all due care, could not foresee or forestall.

(c) If you suffer damage other than personal injury, the maximum amount of compensation we will pay you is twice the basic price of the tour for the person(s) affected, except in respect of loss and/or damage to luggage and/or personal possessions (including money), where our liability is limited to £30 per person affected.

(d) It is important to note that in certain circumstances our liability to make compensation payments to you and your right to make a claim is limited by International Conventions. Section 8 of these conditions deals with this more fully and you should read this section carefully.

(e) If we pay you compensation, you agree to assign to us and/or our insurers all rights you may have to pursue a claim against a third party and to provide us and/or our insurers with all assistance that is required.

(f) If you suffer illness, injury or death through misadventure during the period of the tour, arising out of an activity which is not supplied under this contract, we may, at our discretion, offer assistance to you providing that you inform us of the incident within 90 days of your return from tour. Where legal action is contemplated and you want our assistance, you must obtain our written consent prior to the commencement of proceedings and subject to you undertaking to assign any costs, and/or benefits received under any relevant insurance policy to us. Our assistance is limited to £5,000 per booking. If your claim is successful you must repay to us the amount of any financial assistance we have given you as soon as you receive your compensation.

8. Travel by Air & Water

If your tour involves travel by air and/or water we will use carriers (such as airlines or shipping companies) to enable that travel to take place. The carriers’ conditions of carriage will apply to such travel and they form part of the contract between you and us. A copy of the relevant carrier’s conditions for your tour is available from us on request. However, you should be aware that the conditions of carriage will limit the circumstances in which and the amount of compensation can be claimed. In certain cases, liability to pay compensation may be excluded. In the case of travel by air, the conditions will incorporate limits and exclusions set by the Warsaw and/or Montreal Conventions. These limit the time for making a claim to two years and limit the amount of compensation that can be recovered both for damages for personal injury and other damage. In the case of personal injury, damages can only be claimed for “bodily injury” and this does not include psychological or psychiatric injury. Furthermore the amount that can be claimed is limited in most cases. It is also possible for the carrier to rely upon certain defences, such as showing it took all necessary measures to avoid the damage, or that the damage was caused or contributed to by you. These too may limit the amount of compensation that is payable or mean that no compensation is payable. In the case of travel by water, the conditions will incorporate limits set by the Athens Convention. The Convention limits the time for making a claim to two years and limits the amount of compensation payable both for damages for personal injury and other damage in similar ways to the Warsaw and Montreal Conventions. Defences are also available which will reduce the amount of compensation payable or mean that no compensation is payable. You should ensure that you have adequate insurance for personal possessions as liability for loss of these items is excluded in most circumstances. In all cases our liability shall be limited to the extent that we would have to pay damages if we were the carrier itself.

9. Law

This contract shall be governed by English Law and the jurisdiction of the English Courts. You may, however, choose the law and jurisdiction of Scotland or Northern Ireland.

10. Rights of Refusal & Indemnity

We expect our clients to have consideration for their fellow passengers. If you or any member of your party behave in such a way as is likely, in our opinion or the opinion of any person in authority, to cause offence, danger, damage or distress to others, we reserve the right to terminate the tour arrangements. In this event, our responsibility for the tour will immediately cease and we will not be liable for any costs or expenses incurred by you as a result. Full cancellation charges will apply and we will be under no obligation whatsoever for any refund, compensation or loss you may incur. If your actions cause damage to the accommodation in which you are staying or to the vehicle, train, ship or aircraft in which you are travelling, or cause delay or diversion to any means of transportation, you agree to fully indemnify us against any claim (including legal costs) made against us by or on behalf of the owners of such accommodation or the operator of such means of transportation.

11. If you have a Complaint

In the unlikely event that you feel dissatisfied with your tour, please inform the relevant supplier (e.g. your hotelier) and our office or out of hours number, so that the matter can be resolved straightaway. If the matter cannot be resolved on the spot, please follow up your complaint in writing within 28 days of your return from tour. We will deal with your complaint properly, carefully and fairly, but if you fail to follow this 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. If a dispute arising out of this contract cannot be settled amicably you can refer to arbitration under a special Scheme arranged by ABTA, administered independently by the Chartered Institute of Arbitrators. The Scheme, details of which are supplied upon request, provides for a simple and inexpensive method of arbitration on documents alone with restricted liability in respect of costs. The Scheme does not apply to claims for an amount greater than £5,000 per person. There is also a total limit of £25,000 per booking. 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 £1,000 on the amount the arbitrator can award per person in respect of this element. The application for arbitration must be made within nine months of the date of return from the tour, except if we agree otherwise.

12. Booking with Confidence

Carrick Travel Ltd is a fully bonded member of ABTA (Membership No. Y5030) and holds Air Travel Organiser’s Licence No. 1159 issued by the Civil Aviation Authority. In the unlikely event of our insolvency, ABTA and/or the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking.

13. Insurance

Travel insurance is included in the basic cost of your educational tour and is underwritten by Union Reiseversicherung AG (URV) via Fogg Travel Insurance Services Limited. The insurance has specifically been designed with school and other groups in mind.

Should it be necessary for you to arrange alternative cover through your LEA, that policy should provide comparative or greater cover and also a 24 hour emergency service. Should you decide on an alternative policy, you will have to supply us with details of the cover, name and address of the insurer and policy number prior to departure. If you do not take out this insurance and provide us with the requested details, we reserve the right to cancel your tour. If we do this, we will not be liable for any compensation, cancellation charges, costs, expenses or losses that you may incur as a result.

Broadway Tours is an Appointed Representative of Fogg Travel Insurance Services Limited in accordance with the FSA Rules. This can be checked by viewing the FSA web site.

14. Passports & Visas

It is the responsibility of the party leader to ensure that all members of the party are in possession of all necessary travel and health documents. Non British citizens or holders of non EU passports should seek advice from the relevant consulate or embassy of the countries to or through which they intend to travel.

15. Price Policy

We reserve the right to increase or decrease brochure prices at any time prior to your booking. Once booked and confirmed with deposits, the price of your educational tour is fully guaranteed.

16. Travel Arrangements: Coaches, Airlines, Aircraft & Flight Timings

Please note that any timings given are provisional and for guidance purposes only and may be subject to change. Final timings and hotel details will be advised with your travel documents, which are sent approximately 7 days prior to departure. We use the charter and scheduled flights of major airlines, and all prices are based on travel in economy class. Airline schedules are liable to change, sometimes at short notice, and any flight timings, routings or details of en route stops given in this brochure or by any member of staff are for guidance only and are subject to change. An en route stop may be added or removed and en route change of aircraft may be necessary on occasions. Whilst details are correct at the time of going to press or when given by staff, we ask that you consider the above if making your own arrangements for travel to/from the UK departure airport. We cannot accept responsibility for any costs or inconvenience incurred as a result of changes to scheduled flight details.

17. Destination Information

We make every effort to include as much information about your resort, hotel and excursions in the brochure as possible and all information has been checked and is correct at the time of going to press. Occasionally, the availability of certain services may vary according to season, weather conditions, lack of demand, essential maintenance work or other circumstances beyond our control – we cannot accept any liability for cancellation or curtailment in these circumstances. Unless otherwise stated, our educational tour prices are per person, normally based upon the shared occupancy of multi bedded rooms for students and twin or double bedded rooms for accompanying adults. Single rooms are limited and a supplement would be payable if available. Private facilities provide a WC and either a bath or shower and will be solely for your own use. Any hotel ratings are for general guidance only. Ratings listed correspond with local classifications and may not be comparable with domestic standards. Occasionally we may provide an alternative hotel to that stated in the brochure. However, this will be at least of the standard advertised. The term ‘hotel’ includes pensions, gasthofs, motels and other equivalent establishments according to local classifications. In some European countries, it is common, in family run properties, for accommodation to be provided in a building separate from the building containing the restaurant and bar areas. Very occasionally when dinner is provided either as part of the package, or as an optional extra, it may be provided at an establishment other than at the main hotel. Minor alterations may be made by the driver to arrangements, for example to the excursion programme, where these are intended to improve or maintain the quality of service offered by taking account of local events, prevailing weather or transport conditions, etc.

18. Special Requests

Please advise us in writing at the time of booking of any special requests relating to rooms, health or dietary requirements. We will try to meet these requests wherever possible but cannot guarantee to do so as these are often dependent on our suppliers and they do not form part of the contract between you and us. The noting of a special request on the confirmation/invoice does not necessarily signify confirmation that the special request will be complied with. It is particularly important that we are advised in writing of any disabilities or medical conditions of any members of your group as coaches can be difficult to get on and off and some of our hotels do not offer ground or lower floor accommodation or lifts or easy access, although we will do our best to accommodate those that are handicapped or have restricted mobility.

19. Data Protection Policy

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 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 on to security or credit checking companies.

If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. 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, whether in the EEA or not, we will 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 on request.

20. Health & Travel Advice

To keep up to date with the latest health and travel advice, we recommend the following government agency website: www.gov.uk/foreign-travel-advice for regularly updated, country-specific advice.

Images courtesy of Visit Britain, Pawel Libera, Genève Tourisme, Michel Frossard, Westtoer.

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