1.0 These are the terms and conditions on which we agree to provide bookings to you.
Please read these terms carefully before you submit your booking order to us. These terms tell you who we are, how we will provide bookings to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
Information about us and how to contact us
2.1 We are Lingua Holidays Limited, company registered in England and Wales. Our company registration number is 10728793 and our registered office is at 29 Collingwood Avenue, London N10 3EH, UK.
2.2 You can contact us by telephoning us at +44 (0)20 8444 1010 or by writing to us at email@example.com.
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
Our contract with you
3.1 Our acceptance of your booking order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your booking order, we will inform you of this in writing and will not charge you for the booking. This might be because it is not possible to meet your booking requirements.
3.3 When submitting your booking order to us making any changes to it including, without limitation, cancelling your booking, you undertake that you have the authority to accept and do accept these booking terms and conditions on behalf of yourself and all other persons in your group or party and have their authority to give us instructions on behalf of each and every person in your group or party.
Your rights to make changes
4.1 If you wish to make a change to your booking order please contact us. We will let you know if the change is possible.
4.2 If you wish to change any details relating to your accommodation (other than name changes or changes to a child’s age), we will use all reasonable endeavours to make the changes subject to an administrative fee of £50 + VAT which will be charged by us and payable by you once any change has been made together with any other resulting costs which may cause an increase or decrease in the price of the booking depending on the revised date and length of stay.
4.3 Changes can be made to bookings relating to pre-booked teaching and/or excursions up to 14 days before your arrival date. Within 14 days of your arrival date, we will use all reasonable endeavours to make any changes, subject to: (a) receiving two days’ prior written notice and (b) an administrative fee of £25 + VAT which will be charged by us and payable by you once any change has been made together with any other resulting costs.
4.4 If you wish to cancel or reschedule any aspect of your booking, other than as provided above, or make a later booking and such cancellation, rescheduling or late booking (as the case may be) results in a third party we engage on your behalf levying a charge, we reserve the right to recharge you for such charges. You agree to pay such charges promptly and in full.
Our rights to make changes
5.1 It may be necessary for us to make changes to your booking but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any booking paid.
5.2 We reserve the right to withdraw or modify at any time the arrangements advertised where necessary to do so. In the unlikely event of the accommodation advertised not being available, we will endeavour to provide suitable alternative accommodation.
5.3 We make no guarantee as to the availability of any accommodation or activity advertised on our website.
We may need certain information from you so that we can confirm the booking order to you. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for any late booking confirmation or inability to supply a booking if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Price and payment
7.1 The price of the booking will be the price indicated on the order pages when you placed your booking order.
7.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
7.3 We accept payment by Direct Bank Transfer (details to be provided on request) or Pay Pal.
7.4 A deposit of 25% per booking is payable at the time of booking which will be non-refundable except if the booking is not accepted by us for any reason, or if due to unforeseen circumstances we are unable to provide the holiday for which you have booked.
7.5 The balance of the price is payable in full ten weeks before departure and we will invoice you accordingly. If the balance remains unpaid, we reserve the right to cancel the booking and retain the deposit. For all late bookings, (i.e., bookings made less than 28 days before arrival), we must receive your payment in full (booking fee and security deposit of £250) by no later than 14 days before arrival. We reserve the right to cancel any bookings where payment in full has not been received.
7.6 In addition to the above sum, if you are booking accommodation with us, you will be obliged to pay a refundable security deposit of £250 (‘Security Deposit’) before you can access the rental property. You will be asked to pay the Security Deposit directly to the rental agent via credit card when you collect your keys. The payment will be subject to the rental agent’s own terms and conditions which you should check carefully. In the event of any mistreatment of, or damage to, the property (including, without limitation, breakage and damage to fixtures and fittings and furniture at the property) during the rental period, the Security Deposit will be automatically forfeited by you and used to pay for the expenses of repairs. In some circumstances, for instance when arriving outside of office hours, you may be required to collect keys to the rental property from a safe box, and make payment of the Security Deposit on the next following working day. The booking itinerary will provide specific details and may contain additional special terms and conditions relating to the rental property with which you may be required to comply.
7.7 If you lose keys or misplace or leave keys inside the rental property, other than as part of the agreed check-out procedure, we reserve the right to render a lockout fee of £50 + VAT. Lost keys will be subject to a further £100 + VAT charge for replacement locks to be fitted. Please note that these charges are non-refundable regardless of keys being found at a later date.
7.8 In the event of any deductions from the Security Deposit, the rental agent will provide you with an itemised statement detailing all deductions including all phone charges. You will be refunded in full the Security Deposit less the cost of repairing any damage caused to the property or replacing damaged or destroyed items at the property, or bills left unpaid. If these costs equal or exceed the amount of the Security Deposit, the rental agent will be entitled to charge you the full amount and invoice you for the remaining balance.
7.9 Subject to its own terms and conditions, the rental agent will reimburse the Security Deposit (subject to any deductions as set out above) to you within 14 days in the same manner in which it was paid (less any bank fees or charges).
7.10 We shall have no liability to you for any act or omission by the rental agent in respect of the Security Deposit including, without limitation, any withholding of the Security Deposit.
7.11 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
7.12 All payments made pursuant to these terms shall be in pounds sterling.
8.1 Cancellations must be made in writing to us by the person who made the booking.
8.2 Any such notice will become effective from the date of receipt by us of the notice.
8.3 The following cancellation charges will be levied:
up to 28 days prior to departure 50% of the entire price;
27 days to 14 days prior to departure 75% of the entire price;
13 days or less prior to departure, or on departure date, 100% of the entire price.
8.4 References in these terms to ‘price’ means the entire price payable by you in connection with your booking with us including (without limitation) accommodation, teaching, excursions and other agreed services we agree to provided to you.
Our responsibility for loss or damage suffered by you
9.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the process.
9.2 Subject to the provisions of this clause 9, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
9.3 All reasonable and proper steps have been taken to ensure that the accommodation and services are as advertised. We will be responsible for any acts or omissions of our own employees and agents whilst acting within the scope of their employment but cannot be responsible for the acts or omissions of those providing services over which we have no direct control.
9.4 We will not be responsible if you suffer illness, personal injury or death as a result of misadventure during the period of your overseas trip arising out of an activity that does not form part of the course provided by us.
9.5 Notwithstanding the provisions of this clause 9, our total liability to you whether in contract or tort and whether arising out of these terms or from any other circumstances shall be limited to £[•].
9.6 We shall not accept responsibility for any cancellations or effect on your holiday due to war, threat of war, civil strife, industrial dispute, terrorist or quasi-terrorist action, natural or nuclear disaster, fire or adverse weather conditions.
9.7 You undertake to put in place adequate holiday insurance for the full period of your holiday booking and it is a fundamental condition of these terms that you do so. Such insurance should cover full medical expenses, personal baggage, personal accident, accident, loss or damage to property, cancellation or curtailment, personal liability, legal expenses and emergency.
How we may use your personal information
We will use the personal information you provide to us:
to process your booking including passing data on to third parties and organisations who need to know them so that your booking can be provided;
to process your payment for your booking; and
if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
10.3 We will only give your personal information to other third parties where the law either requires or allows us to do so.
10.4 We will store and process your personal data for future marketing purposes to send you for example, details of relevant promotions, or offers. All details, with the exception of credit/debit card data, given to us at any time will be kept but only names, contact details and booking preferences will be used for marketing purposes. If you do not wish to hear from us by email in future, you can unsubscribe at the end of any marketing email or alternatively please contact us via email or phone to arrange this. Please note: if you do unsubscribe from promotional email newsletters, you will still receive essential email communications specifically relating to your account or any booking you have with us.
Intellectual property rights
We own all intellectual property rights in our website and any and all marketing materials that we send or may have sent to you in connection with your booking and no licence, express or implied, is granted to you in respect of any such intellectual property rights.
In the event of any problem arising during the holiday, you must report such problem immediately to us and failing satisfactory resolution of the problem, you should file a written report within 28 days of your return. No liability will be accepted for any complaint not reported to our representative at the time and initiated within 28 days thereafter.
Other important terms
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
13.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
13.6 If these terms are translated into any other language, the English version of them shall take precedence over any translation.
13.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.