EDUCATIONAL LEISURE BOOKING CONDITIONS All bookings made with and accepted by Educational Leisure, ("EL"), are subject to the following conditions which, together with the Booking Form and EL's written Confirmation of Booking, comprise the contract between the customer and EL.
1. Making the Booking and Payment of the Deposit.
All bookings must be made or confirmed in writing to EL on EL's printed Booking Form accompanied by payment of the appropriate deposit (£50 per person for all UK holidays, £125 per person for all non-UK holidays). Provisional bookings made by phone or eMail will be held for 7 days only. If EL shall not have received written confirmation on EL's Booking Form and the appropriate deposit within that time, EL shall treat the booking as having been cancelled.
2. Acceptance of the Booking.
There shall be no contract between EL and the Customer unless and until EL's Confirmation of Booking shall have been sent to the Customer by EL.
3. Balance of Payment.
The balance of the cost of the holiday booked must be sent to and received by EL not less than 28 clear days before the starting date all UK holidays, and not later than 70 clear days for all overseas holidays. If payment is not received by EL within the time specified, EL shall be entitled to treat the booking as having been cancelled, and the provisions set out in Condition 5 below will apply.
4. Safeguarding of Customers' Monies
All monies received by EL in advance of a holiday shall be paid into a separately designated Customers' account and shall remain there until such time as EL shall be bound to use the same to discharge its proper costs in arranging the holiday or shall be entitled in accordance with these Conditions to appropriate the monies to its own benefit.
5. Cancellation of the Booking by the Customer.
Cancellation by the Customer shall not be effective unless and until written notice or confirmation has been delivered by hand, or sent by recorded delivery post to EL. In the event of an effective cancellation, the following provisions apply:
(I) The Cancellation will have been deemed to have been made and to take effect from the date when such written notice or confirmation of cancellation has been received by EL and payment of any sum due to EL from the Customer in accordance with these provisions has been made.
(2) In the case of cancellation of a UK holiday notified or confirmed after EL has sent out its written Confirmation of Booking to the Customer, EL shall be entitled to charge the Customer a cancellation fee for each person in respect of whom the cancellation is made as follows:
(a) for a cancellation made up to but not less than 42 days before the starting date of the holiday, the deposit;
(b) for a cancellation made later than 42 days but not later than 28 days before the starting date of the holiday, 30% of the total cost of the holiday;
(c) for a cancellation made later than 28 days but not later than 7 days before the starting date of the holiday, 60% of the total cost of the holiday;
(d) for a cancellation made later than 7 days before the starting date of the holiday, the full cost of the holiday.
(3) In the case of cancellation of a non-UK holiday, EL shall be entitled to charge the customer a cancellation fee for each person in respect of whom the cancellation is made as follows:
(a) for a cancellation made up to but not less than 70 days before the starting date of the holiday, the deposit;
(b) for a cancellation made later than 70 days but not later than 35 days before the starting date of the holiday, 60% of the total cost of the holiday;
(c) for a cancellation made later than 35 days but not later than 14 days before the starting date of the holiday, 75% of the total cost of the holiday;
(d) for a cancellation made later than 14 days but not later than 7 days before the starting date of the holiday, 90% of the total cost of the holiday;
(e) for a cancellation made later than 7 days before the starting date of the holiday, the full cost of the holiday.
6. Alteration of the Booking by the Customer.
Any material alteration of the booking requested by the Customer and accepted by EL shall entitle EL to charge the Customer an administration fee of £20.
7. Cancellation or Alteration by EL.
(I) EL reserves the right to cancel any holiday if insufficient bookings have been received, or too many bookings have been cancelled to make it viable.
(2) EL also reserves the right to cancel a holiday or to amend the advertised programme for that holiday if, for whatever reason, the proprietors shall be of the opinion that the circumstances make it necessary or expedient to do so.
(3) In the event of cancellation by EL becoming necessary, EL shall endeavour to give to the Customer not less than 14 days notice thereof and shall refund all monies actually received from the Customer in respect of that holiday.
8. General Exclusions of Liability.
(I) EL takes every care to ensure that the descriptions of its holidays and venues (whether appearing in the brochure or any literature accompanying the brochure) are accurate and are given in good faith, but EL shall not be responsible for changes outside its control made after the time of printing.
(2) EL is not and cannot be responsible for the day to day running of the venues chosen for its holidays, and it shall not be held liable to any person for any injury, loss or damage caused by or in consequence of any act or omission on the part of the proprietors of those venues, their servants and agents.
(3) EL shall not be liable to any person for any injury, loss or damage caused by or in consequence of any force majeure event or by any event outside its direct control