SECTION A: APPLICABLE TO ALL BOOKINGS
- THESE TERMS
- These are the terms and conditions on which we supply our products to you, whether these products are services or digital content (Terms).
- Our obligations to you will vary depending on the type of booking you make with us. You can make a booking for Educational Services only; Educational Services plus Accommodation, or Educational Services plus a Package (as defined below). Where you make a “Package” booking, additional terms apply to your booking. We have tried to set out our differing obligations below as clearly possible.
- Section A contains the terms which apply to all bookings you make with us (including Educational Services, Accommodation and Package bookings); and
- Section B contains the additional terms which apply only when you make a Package booking with us, as well a full explanation about which bookings are treated as “Packages”.
- Please read these Terms carefully before you submit your booking request to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. These Terms should be read in conjunction with our privacy and cookies policy and our acceptable use policy.
- INFORMATION ABOUT US AND HOW TO CONTACT US
- We are InvestIN, a trading name for InvestIN Education Ltd, a company registered in England and Wales. Our company registration number is 08179629 and our registered office is at 85 Great Portland Street, First Floor, London, United Kingdom, W1W 7LT. Our registered VAT number is 199765625, (“we, “us”, “our”). In these Terms, references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
- You can contact us by writing to the above address, emailing us at email@example.com or by telephoning our customer service team at +44 (0) 203 915 1420.
- 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.
- By making a booking with us, you must either be over the 18, or have the consent of a parent or guardian to make the booking. If you make a booking on behalf of a student, both you and the student will be bound by these Terms.
“Booking” means your ordering of our products, whether they are services or digital content, but not including any accommodation booked;
'Course Materials' means the materials relating to any one product, which may be in physical and/or digital format.
“Event” means the services that you have booked to attend;
“Accommodation” means the overnight accommodation in which you will be staying for the purposes of attending an InvestIN course, booked through InvestIN’s website;
“Education Services” means all events including seminars, workshops, programmes, or any other tutoring services that we may offer;
“Travel Services” means (a) Accommodation; (b) carriage of passengers (such as flights); (c) car hire; (d) any other tourist service not intrinsically part of one of the travel services at (a) – (c), as defined fully at clause 16.2;
“Package” means a combination of Travel Services as defined fully in clause 16 of the Terms;
“Product” means any of our products referred to in clause 4 below;
“Website” means https://investineducation.co.uk or https://investin.org;
“Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails.
- OUR CONTRACT WITH YOU
- Our acceptance of your booking will take place when we issue you with a booking confirmation, at which point a contract will come into existence between you and us.
- If we are unable to accept your booking, we will inform you of this and will not charge you. This might be because the Product is no longer available, has changed in some way or because we have identified an error in the price or description of the Product. However, we reserve the right to decline your booking and return your payment at our absolute discretion.
- If you are purchasing our Products from outside of the UK, we make no warranties that our digital content will be available in the country in which it has been purchased.
- OUR PRODUCTS
- Education Services
- All events, content, the venue and the timing thereof will be as set out in the description on our Website, subject to the changes permitted under these Terms.
- Any course materials to be supplied as part of the Products will either be provided in physical format and made available on the day of the event, or may be made available online (either before or after the event). Except as set out in the description of the event on the Website, no other course material will be provided
- You must comply with all health and safety rules and regulations and any other reasonable security requirements that apply at the premises at which events are provided and at any Accommodation.
- You must only use the premises at which events are provided for the purposes of participating in the event you have booked.
- We shall provide such presenters to present the events as we, in our sole discretion, deem fit and we shall be entitled at any time to substitute any presenter with any other person who, in our sole discretion, we deem suitably qualified to present the relevant event.
- We shall provide the events and programmes live and in-person however we shall be entitled at any time to substitute live events and programmes in whole or part with events or programmes delivered online where we, in our sole discretion, deem the substitution to be a suitable alternative to the live event.
- If you require a visa to enable you to attend one of our programmes you are responsible for obtaining the necessary visa and for ensuring that your attendance is satisfactory to meet your visa requirements.
- You must sign an attendance register for each event as required by the presenter.
- Your personal possessions are your sole responsibility and we accept no responsibility and/or liability for anything that is lost or stolen from our venues or Accommodation. You are advised during an event to keep your valuables with you at all times.
- You acknowledge that we and our venue and Accommodation providers operate a zero-tolerance policy in relation to inappropriate behaviour of students. In particular abusive or violent behaviour directed at any member of staff or other students and unfair or dishonest practices including but not limited to cheating, will not be tolerated under any circumstances. We may, at our reasonable discretion and without liability or an obligation to refund any monies paid, refuse to supply any event or Place of Accommodation to any student and may refuse to admit to, and may remove from any venue premises or Place of Accommodation, any student whose participation in any event would, in our reasonable opinion, be undesirable or whose behaviour we, or the venue, consider to be in breach of these Terms.
- We expect you to take reasonable care to verify that the event and course materials that you book will meet your needs. We do not make any commitment to you that you will obtain any particular result from your attending an event or use of the course materials or that you will obtain any particular qualification on completion of the event (unless otherwise stated on our website).
- Unless stated in the event description on the Website, no food or beverages are provided by the venue at events.
- We, the venue, and the staff venue will have no responsibility for any person, whether they are under or over the age of 18, either before the start time or after the end time of the event.
- Digital content and online courses
- We expect you to take reasonable care to verify that the course that you book will meet your needs. We do not make any commitment to you that you will obtain any particular result from a particular course or use of the course materials or that you will obtain any particular qualification on completion of the course (unless otherwise stated on our website).
- Any online content that is provided in conjunction with a course will only be available to view/download for a period of 6 months after the date on which you attend a course.
- Any courses that are provided online or realtime, will only be available to view on the date of streaming and will not be available for download (unless stated otherwise within the description on the website).
- You must not allow any third party to use your account information and/or computing equipment to access the digital content or course that you have booked.
- You may only access course materials for your own personal use. You must not provide, offer to sell, license or transfer the course materials (whether in whole or in part in any manner or form or in or on any media) to any other person unless we have agreed to this in writing. The course materials will only be available to access online but on an unlimited basis. The materials cannot be downloaded, copied or printed.
- YOUR RIGHTS TO MAKE CHANGES
- If you wish to make a change to the Product you have booked, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, please see clause 8 - Your rights to end the contract.
- Additional terms apply where you have booked a Package – please see clause 18 for further information.
- OUR RIGHTS TO MAKE CHANGES
- Minor changes to the Products. We may change the Product:
- to reflect changes in relevant laws and regulatory requirements;
- to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Product;
- to make slight changes to start/end times of events;
- to change those providing, speaking or appearing at any event;
- to change the format of the course including changing all or part of the course to a real time online course rather than a live course where caused by a reason beyond our reasonable control;
- to change the date of a course where such change is caused by a reason beyond our reasonable control
- to change the venue of the course;
- to change the place of Accommodation; and
- to change the place of any site being visited as part of the Product (including visits to any specific company, organisation or tourist attraction).
- As set out in our pre-contract material, our courses may be provided either in person or online in realtime, where circumstances beyond our reasonable control require the substitution of realtime online performance in place of in person delivery. We may also make significant changes to the Products and these Terms. We may make significant changes to a Product including the venue or the date of an event other than as permitted in 6.1 above, where reasonably necessary as a result of circumstances outside our reasonable control and in those circumstances. Where changes to the Products are made, we will notify you and you may then contact us to end the contract before the changes take effect and receive a credit for any services paid for but not received as at that date.
- Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match in all material respects the description of it that we provided to you before you bought it.
- Additional terms apply where you have booked a Package. Please see clause 20 for further information.
- PROVIDING THE PRODUCTS
- The date of when events, digital content and online courses will be available are as set out on the Website, save as varied in accordance with these Terms.
- We are not responsible for delays or failures in providing Products which result from matters outside our control. If our supply of the Products is delayed, hindered or prevented by an event outside our control, then we will contact you as soon as reasonably practicable to let you know and we will take steps to minimise the effect. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel the booking and obtain a 100% credit to use for a future booking, with the caveat that only one credit will be granted per purchase. This credit must be used within 12 months of the date it is given and any booking made with this credit will be subject to our standard terms and conditions of business in force as at that time.
- We may need certain information from you so that we can supply the Products to you, including but not limited to identification details, academic history, and student details. If so, this will have been stated in the description of the Products on our website. We will contact you 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 supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- Reasons we may suspend the supply of Products to you. We may have to suspend the supply of a Product to:
- deal with technical problems or make minor technical changes;
- update the Product to reflect changes in relevant laws and regulatory requirements;
- make changes to the Product as notified by us to you (see Clause 6.);
- deal with circumstances where you have not paid us for the Products;
- deal with circumstances which delay or hinder performance of the agreement between us and supply of the Product outside our reasonable control; or
- deal with circumstances where you have not supplied us with information as per clause 7.3 above.
- Your rights if we suspend the supply of Products. We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. You may contact us to end the contract for a Product if we suspend it, or we will tell you we are going to suspend it, in each case where such suspension is for a period of more than 2 months and we will provide you with a 100% credit to use for a future booking, with the caveat that only one credit will be granted per purchase. This credit must be used within 12 months of the date it is given and any booking made with this credit will be subject to our standard terms and conditions of business in force as at that time.
- Where we are entitled to suspend the supply of the Product and the circumstances of clause 7.4 apply and we have notified you at the time of booking that we may decide to provide all or part of the Product by way of realtime online streaming instead of live/in-person delivery, we will offer you the option to complete part or all of the course or seminar in this realtime online format instead of in-person. We will notify you and you may then contact us to end the contract before delivery of the realtime online streaming and receive a credit for any services paid for but not received as at that date.
- Additional terms apply where you have booked a Package. Please see clause 21 for further information.
- YOUR RIGHTS TO END THE CONTRACT
- You can always end your contract with us. Your rights when you end the contract will depend on what you have bought and when you wish to end the contract.
- If what you have bought is misdescribed you may have a legal right to end the contract (or to request a service to be re-performed or to get some or all of your money back), see clause 11;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
- If you have just changed your mind about the Product and you are within the cooling-off period, you may be able to get a refund, see clause 8.3;
- In all other cases (if we are not at fault and there is no right to change your mind), see clauses 8.3 and 8.4.
- Subject to 8.3 and 8.4, if you are ending a contract for a reason set out at (d) to (e) in this clause 2 the contract will end immediately and we will refund you for any Products which have not been supplied. If you are ending a contract for a reason set out at (a) – (c) in this clause 8.2, then the contract will end and you will be entitled to a 100% credit to use for a future booking. The reasons for ending the contract are:
- we have told you about an upcoming major change to the Product or these Terms which you do not agree to (see clause 6.2);
- there is a risk that supply of the Products may be significantly delayed because of events outside our control and we notify you that such significant delay is unavoidable;
- we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 3 months but only for those Products that were to be provided exclusively online;
- we have told you about an error in the price or description of the Product you have ordered, and you do not wish to proceed;
- exercising your right to change your mind (Consumer Contracts Regulations 2013).
- When purchasing digital content online, you have a legal right to change your mind within 14 days and receive a refund, but the cancellation rights do not apply after you have started to download or stream the digital content. You have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
- You have no legal right to change your mind with regards to any courses or seminars (whether to be provided realtime online or in person) that you book for specific dates. If however for any reason you cannot attend, provided you give us at least 30 days’ notice prior to the date of the event, we will provide you with a 100% credit to use for a future booking, with the caveat that only one credit will be granted per purchase. This credit must be used within 12 months of the date it is given.
- You have no legal right to change your mind with regards to the booking of any Accommodation or travel booked with us, and no credit will be provided to you in the event of a cancellation of any Place of Accommodation or travel at any time.
- Additional cancellation terms apply where you have booked a Package. Please see clause 19 for further information.
- HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
- To end the contract with us, please let us know by doing one of the following:
- Email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- By post. Print off the form at the end of these Terms and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
- Where a refund is due to you, we will pay you by the method you used for payment within 14 days of our confirmation that a refund will be paid. However, we may make deductions from the price, as described in these Terms.
- Any refunds due to you will be made using the same payment method you used to pay us, within 14 days of your telling us that you have changed your mind. We will make deductions from any refund as set out in these Terms.
- OUR RIGHTS TO END THE CONTRACT
- We may end the contract if you break it. We may end the contract for a Product at any time by writing to you if:
- you do not make any payment to us when it is due, and you still do not make payment within 5 days of us reminding you that payment is due;
- you breach any of these Terms and conditions;
- we are unable to provide the Products in accordance with these Terms due to events outside our control.
- If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for Products we have not provided but in the case of 10.1 (a) or (b) we may deduct or charge you as compensation reasonable cancellation charges for the net costs we will incur as a result of your breaking the contract.
- We may withdraw the Product. We may write to you to let you know that we are going to stop providing the Product. We will let you know of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided. This clause will not prevent us from providing all or part of a Product which includes an in-person programme to an on-line programme.
- Additional terms apply where you have booked a Package. Please see clause 20 for further information.
- IF THERE IS A PROBLEM WITH THE PRODUCT
- How to tell us about problems. If you have any questions or complaints about the Product, please contact us. You should email our customer service team at email@example.com. You should also see the complaints procedure here.
- Summary of your legal rights. We are under a legal duty to supply Products that are in conformity with this contract. This means that (i) if your Product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality; and (ii) if your Product is services, the Consumer Rights Act 2015 says it must be carried out with reasonable care and skill. Nothing in these Terms will affect your legal rights.
- Where you have booked a Package, additional terms apply. Please see clause 22 for further information.
- PRICE AND PAYMENT
- The price of the Product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the Product you order.
- 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.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may still end the contract, refund you any sums you have paid and have no further legal obligation to you.
- When you must pay and how you must pay. All Products must be paid for at the time of submitting your order. The methods of payment are as stated on our Website.
- 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 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.
- Additional terms apply where you have booked a Package with us. Please see clause 17 for further information.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- Subject to the remainder of this clause 13, 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 sales process.
- Accommodation Bookings: where you have booked Accommodation as part of your booking, subject to the remainder of this clause 13, we have a duty to select the accommodation suppliers with reasonable skill and care. We have no liability to you for the actual provision of the accommodation, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the provision of the accommodation or any acts or omissions of the supplier, its employees or agents.
- 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products. In any other event and subject to any grounds under which it would be unlawful to exclude liability, our liability to you will be limited to the value of the Product you paid for or £1,000, whichever is the higher.
- If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- We are not liable for business losses. We only supply the Products to individuals for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised on our Website. For example, any service or facility which your hotel or any other supplier agrees to provide for you.
- Where you have booked a Package we will accept responsibility for that Package as a “package organiser” and addition terms and conditions apply. Please see clause 21 for further information.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
- to supply the Products to you;
- to process your payment for the Products; 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.
- OTHER IMPORTANT TERMS
- Special offers and discounts. Any special offers or discounts on the Website can be withdrawn at any time, without notice. Discounts for group bookings can only be given when all those being booked are attending the same event.
- We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within 10 days of us telling you about it and we will refund you any payments you have made in advance for Products not provided.
- You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing, unless you have booked a Package as per clause 18 (additional terms apply in that circumstance). For the avoidance of doubt, this also means that any courses or seminars booked can only be attended by the person named on the booking.
- This contract is between you and us. No other person shall have any rights to enforce any of its terms save where the agreed recipient of the Product, as noted on the booking, is not the party to the contract.
- 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.
- 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.
- These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
- Alternative dispute resolution. Alternative dispute resolution (ADR) is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an ADR provider however, as we are not members of an ADR, we shall, at our sole discretion, have the right as to whether to accept or reject your nominated ADR. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
- Events Beyond Our Control: Except where otherwise expressly stated in these Terms, we exclude our liability to you as well as having to pay you compensation if our contractual obligations to you are affected by events beyond our control. We will however provide you with the right to terminate the contract where events beyond our control occur as set out in these Terms. This means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease or natural disasters such as floods, earthquakes or weather conditions, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or supplier(s)’s control.
- Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as an Event Beyond Our Control in accordance with clause 15.9, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.
SECTION B: ADDITIONAL TERMS APPLICABLE TO PACKAGE BOOKINGS
Where you book a Package with us, as defined below, these additional terms apply to the Travel Services within the Package. Please read this section in conjunction with Section A.
- Definition of a Package
- Where your booking is for a Package holiday that we have organised, as defined below, we will act as a “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”), as outlined in this Section B, and in the Traveller’s Rights when Booking a Package Holiday (set out in Section C), in relation to the Travel Services which form part of the Package booking.
- A “Package” exists if you book a combination of two of the following separate travel services:
- Carriage of passengers;
- rental of cars, motor vehicles or motorcycles (in certain circumstances);
- any other tourist service not intrinsically part of one of the above travel services;
provided that (a) those separate travel services are purchased together from a single visit to our website or during a single phone call with our telephone booking line and are selected by you before you agree to pay; or (b) are advertised, sold or charged at an inclusive or total price; or (c) advertised or sold under the term “package” or a similar term.
Examples of Packages you can book with us:
- Accommodation plus tourist activities such as sight-seeing trips, subject always to clause 16.3 below;
- European city trip, consisting of international return flights, Accommodation, airport transfers and tourist services such as sight-seeing trips;
- IMPORTANT NOTE: Please note that where you have made a booking which consists of Accommodation combined with one or more tourist services (as listed at (d) in clause 16.2) such as a sight-seeing trip this will not create a Package where the tourist service(s):
- do not account for 25% of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the package; or
- are selected and purchased after the performance of the Accommodation has started.
These bookings will be treated as an Accommodation-only booking and will not be afforded the benefit of the rights under the PTRs. Please see Section A for the terms applicable to these bookings.
- Where your booking includes minor transport arrangements such as airport transfers, or transport to/from your venue and Accommodation, or transport provided as part of a guided tour, this will constitute “carriage of passengers” and as such will not be treated as a “Travel Service”.
- The terms in this Section B and the additional rights afforded by the PTRs shall only apply to the Travel Services within your Package, as per the definition at clause 16.2, and do not apply to the Education Services booked by you, as these are outside the scope of the PTRs.
- Pricing of Package Holidays
- We reserve the right to increase the price of confirmed Packages solely to allow for increases which are a direct consequence of changes in:
- the price of the carriage of passengers resulting from the cost of fuel or other power sources;
- the level of taxes or fees chargeable for services applicable to the itinerary imposed by third parties not directly involved in the performance of the itinerary, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and
- the exchange rates relevant to the Package.
- You will be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed Package (excluding any insurance premiums, amendment charges and/or additional services or 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 to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice.
- Should the price of your Package go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee of £10. 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.
- There will be no change made to the price of your confirmed booking within 20 days of your departure nor will refunds be paid during this period.
- Transferring your Package
- If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:
- that person is introduced by you and satisfies all the conditions applicable to the booking;
- we are notified not less than 7 days before departure;
- you pay any outstanding balance payment, an amendment fee of £50 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and
- the transferee agrees to these Terms and all other terms and conditions of the contract between us.
- You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause [xx] will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
- If You Cancel Your Package
If you have booked a Package with us, you have the right to cancel your confirmed Package before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the Package or significantly affecting transport to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any compensation. For the purpose of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floors, earthquakes or weather conditions which make it impossible to travel safely to the travel destination. Please note that your right to cancel in these circumstances will only apply where the Government or Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity.
- If we Change or Cancel your Package
- As we plan your Package many months in advance we may occasionally have to make changes or cancel the Travel Services within your Package and we reserve the right to do so at any time.
- Changes: If we make a minor change to the Travel Services within your Package, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include alteration of your outward/return date by less than 12 hours; change of Accommodation to another of the same or higher standard; alteration of your outward/return flights by less than 12 hours; changes to aircraft type or changes of carriers.
- Occasionally we may have to make a significant change to the Travel Services within your Package. Examples of “significant changes” include the following, when made before departure:
- A change of Accommodation area for the whole or a significant part of your time away;
- A change of Accommodation to that of a lower standard or classification for the whole or a significant part of your time away;
- A change of outward departure time or overall length of your Package by more than 12 hours;
- A change of UK departure airport except between:
- The London airports: Gatwick, Heathrow, Luton, Stansted, London City and Southend
- The South Coast airports: Southampton, Bournemouth and Exeter
- The South Western airports: Cardiff and Bristol
- The Midlands airports: Birmingham, East Midlands and Doncaster Sheffield
- The Northern airports: Liverpool, Manchester and Leeds Bradford
- The North Eastern airports: Newcastle and Teesside
- The Scottish airports: Edinburgh, Glasgow, Prestwick and Aberdeen;
- A significant change to your itinerary, missing out one or more destination entirely.
- Cancellation: We will not cancel your Travel Services less than 30 days before your departure date, except for reasons of Events Beyond our Control or failure by you to pay the final balance. We may cancel your holiday before this date if, e.g., the minimum number of clients required for a particular Package is not reached.
If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
- (for significant changes) accepting the changed arrangements; or
- having a refund of all monies paid; or
- if available and where we offer one, accepting an offer of an alternative package (we will refund any price difference if the alternative is of a lower value).
You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.
- In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:
- If, where we make a significant change, you do not accept the changed arrangements and cancel your booking;
- If we cancel your booking and no alternative arrangements are available and/or we do not offer one.
Period before departure in which we notify you
Amount you will receive from us (per person)*
62 days or more
61 to 42 days prior to departure
41 to 28 days prior to departure
27 to 14 days prior to departure
Less than 14 days prior to departure
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
- *IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
- where we make a minor change;
- where we make a significant change or cancel the Travel Services within your Package more than [60 days] before departure;
- where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel services;
- where we have to cancel the Travel Services as a result of your failure to make full payment on time;
- where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
- where we are forced to cancel or change the Travel Services due to Events Beyond our Control (see clause 15.9).
- If we become unable to provide a significant proportion of the Travel Services that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.
- Our Responsibility for your Package Holiday
- We will accept responsibility for the Travel Services forming your Package which we agree to provide or arrange for you, as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of all Travel Services included in your Package, as set out in your confirmation invoice. Subject to these Terms, if we or our suppliers negligently perform or arrange those Travel Services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your Package you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the Travel Services included in the Package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Terms and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of the Package. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
- We limit the amount of compensation we may have to pay you if we are found liable under this clause:
- loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
- Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times the price paid for the Travel Services by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from the Travel Services.
- Claims in respect of international travel by air, sea and rail, or any stay in a hotel:
- The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.
- In any circumstances in which a carrier is liable to you by virtue of EC 261/2004 (denied boarding and flight disruption), any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
- When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
- Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
- Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your itinerary. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.
If you do have a problem during your Package, please inform the relevant supplier of the Travel Service (e.g. your hotelier) immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact firstname.lastname@example.org.
If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at our office, ideally within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.
- Insolvency Protection for Packages
- The Package Travel and Linked Travel Arrangements Regulations 2018 require us to provide security for the monies that you pay to us for the Travel Services which form your Package with us, and for your repatriation in the event of our insolvency.
- We provide financial security for flight-inclusive Packages by way of our Air Travel Organiser’s Licence number 11698 issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: email@example.com.
- When you buy an ATOL protected Package 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. For further information, visit the ATOL website at atol.org.uk. The price of our flight inclusive Packages includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all Packages or Travel Services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to customers who book and pay in the United Kingdom and European Economic Area (EEA).
- 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 (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.
- We provide full financial protection for Packages which don’t include flights, by way of insolvency protection with Atlas Voyage Secure, a trading name of All Seasons Underwriting Agencies Limited of Alpi House, Suite 2, East Wing, 2nd Floor, Miles Gray Road, Basildon, Essex, SS14 3HJ.
- Prompt Assistance for Packages
If, whilst you are taking part in your Package, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to these Terms, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
- Travel Insurance
If you book a Package with us, adequate travel insurance is a condition of your contract with us. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
SECTION C: ADDITIONAL TERMS APPLICABLE TO PACKAGE BOOKINGS
Standard Information Form on Traveller’s Rights when booking a Package Holiday
Part 1: General
The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018. Therefore, you will benefit from all EU rights applying to packages. We, Investin Education Limited (company registered number 08179629) with registered office: 4 Devonport 23 Southwick Street, London, W2 2QF, 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 2018 can be found below.
Part 2: Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018
- Travellers will receive all essential information about the package before concluding the package travel contract.
- There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
- Travellers are given an emergency number or details of a contact point where they can get in touch with the organiser or travel agent.
- Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
- The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
- Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
- Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
- Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
- If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
- Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.
- The organiser has to provide assistance if the traveller is in difficulty.
- If the organiser becomes insolvent, payments will be refunded. If the organiser becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. Investin Education Ltd has taken out insolvency protection with Atlas Voyage Secure, a trading name of All Seasons Underwriting Agencies Limited of Alpi House, Suite 2, East Wing, 2nd Floor, Miles Gray Road, Basildon, Essex, SS14 3HJ.
Part 3: The Package Travel and Linked Travel Arrangements Regulations 2018 can be found here: https://www.legislation.gov.uk/uksi/2018/634/contents/made
InvestIN Education Limited is a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, at no extra cost to you, and in accordance with the current ''The Package Travel, Package Tours Regulations ''all passengers booking with InvestIN Education Limited are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of InvestIN Education Limited.
This insurance is arranged by The Travel Vault in conjunction AVS (Atlas Voyage Secure), a trading name of All Seasons Underwriting Agencies Limited (ASUA) of Alpi House, Suite 2, East Wing, 2nd Floor, Miles Gray Road, Basildon, Essex, SS14 3HJ. All Seasons Underwriting Agencies Limited (Company number 03252689) are authorised and regulated by the Financial Conduct Authority reference no: 308488 and arranges this Policy on behalf of Syndicate 033 at Lloyd’s managed by Hiscox Syndicates Limited, 1 Great St Helen’s, London EC3A 6HX.
In the unlikely event of Insolvency of InvestIN Education Limited please follow the procedures below:
Claims Department, AVS (Atlas Voyage Secure)
All Seasons Underwriting Agencies Limited (ASUA)
Alpi House, Suite 2, East Wing, 2nd Floor, Miles Gray Road, Basildon, Essex, SS14 3HJ.
Telephone: (+44) 0203 327 0555
The claims department will supply instructions to follow and the documents required to submit your claim.
Please ensure you retain your booking confirmation form as evidence of cover and value.
NB: If payment for your holiday was made by credit or debit card you must contact the Claims team on the contact above in the first instance for instructions.
Policy exclusions: This policy will not cover any monies paid back to you by your Travel Insurance or any losses which are recoverable under another insurance or bond (with the exception of Credit and Debit card). This policy will also not cover any loss sustained by Passenger(s) booked on a flight-inclusive package sold and commencing within the United Kingdom.
**Policy Period covers bookings made within the dates specified regardless of date of travel**
(Complete and return this form only if you wish to withdraw from the contract)
To: InvestIN Education Ltd
23 Southwick Street
London W2 2QF
I hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following service [*]
Ordered on [*]
Name of consumer(s)
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper)