Contract terms for 2023 Venture and Falcon holidays (excluding Ski Switzerland - 2023).
When we write to you accepting a reservation for a place on a Venture or Falcon, there will be an agreement between: CPAS (Church Pastoral Aid Society) at CPAS, Sovereign Court One, Sir William Lyons Road, Coventry CV4 7EZ (‘we’ or ‘us’), and the child (‘your child’ or ‘ward’), and the parent or guardian of the child signing the form for the benefit of the child (‘your child’ or ‘ward’), as follows:
1. THESE TERMS
1.1. What these terms cover. These are the terms and conditions on which we supply our holiday services to you.
1.2. Why you should read them. Please read these terms carefully before you submit your reservation to us; especially as our payment and cancellation terms have recently changed. These terms tell you who we are, how we will provide the holiday to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or they require any changes, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. We are Church Pastoral Aid Society (CPAS) a company and charity registered in England and Wales. Our company registration number is 2673220 and our registered office is at CPAS, Sovereign Court One, Sir William Lyons Road, Coventry, CV4 7EZ. We are also a registered charity and our registered charity number is 1007820.
2.2. How to contact us. You can contact us by telephoning the Ventures and Falcons Office on 0300 123 0780 or by writing to us at firstname.lastname@example.org.
2.3. How we may contact you. 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 reservation.
2.4. ‘Writing’ includes emails. When we use the words ‘writing’ or ‘written’ in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1. How we will accept your reservation. Our acceptance of your reservation will take place when we send our written confirmation to you, at which point a contract will come into existence between you and us.
3.2. If we cannot accept your reservation. If we are unable to accept your reservation, we will inform you of this in writing and will not charge you for the holiday. This might be because:
3.2.1 There are no more places available on the holiday;
3.2.2 Of unexpected demands placed upon our resources which we could not reasonably plan for; or
3.2.3 We are unable to cater for your child’s needs;
3.2.4 A payment for the holiday has failed, because we have identified an error in the price or description of the holiday; or
3.2.5 We are unable to provide the holiday on the dates you have requested.
3.3. Your reference number. We will assign a reference number to you and tell you what it is when you make a reservation (e.g. BKG123456).
4. OUR HOLIDAYS
4.1. Holidays will be provided in accordance with but may vary slightly from the description in our brochures or on our website. The images of the holidays on our website are for illustrative purposes only. Although we make every effort to run the Venture or Falcon holiday as described, the activities may change (as necessary) and we cannot guarantee that your child’s holiday experience will be exactly as depicted in the brochure description.
4.2. Making sure your reservation information is accurate. We are arranging the holiday based on the reservation information we have received. The parent or guardian is responsible for checking the child’s availability for the dates of holiday and travel.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the holiday 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 holiday, the timing 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, you may want to end the contract (see clause 8 - Your rights to end the contract).
6. OUR RIGHTS TO MAKE CHANGES
6.1. Minor changes to the holidays. We may change the holiday to reflect changes in relevant laws and regulatory requirements and in order to comply with our statutory duties. We may make changes to the activities available on the holidays. This includes changes to:
6.1.1 The weather;
6.1.2 Travel arrangements in order to access an activity off-site;
6.1.3 Whether a suitable member of staff is available; and
6.1.4 Take account of other changes beyond our control;
In such circumstances, we will make suitable alternative arrangements at no extra cost to you.
6.2. More significant changes to the holidays and these terms. If we are aware of circumstances which amount to a significant change to the holiday, 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 significant part of the holiday paid for but not received.
7. PROVIDING THE HOLIDAY
7.1. Holiday costs. The costs of the holiday will be as displayed to you on our website or in our brochure. In the unlikely event that these differ, the cost indicated on the website will be the final amount you pay.
7.2. Travel. The cost of the holiday includes travel to and from any activities provided during the course of the holiday only. You are responsible for making suitable travel arrangements for your child to arrive at the Venture or Falcon on the first day of the holiday and to be collected from the Venture or Falcon on the final day of the holiday.
7.2.1. Information about the specific travel arrangements in relation to our Ski Venture can be accessed at www.skiventure.uk/essentials.
7.3. Information we will provide prior to purchasing the holiday. Before placing the order for your holiday, we will provide you with information about the length of time it is likely to obtain any appropriate passports and visas, as well as information about health formalities required for the journey and the stay. Information on this for our Ski Venture is available at www.skiventure.uk. During the order process we will let you know the dates of the holiday including the first day of the holiday and the last day, (i.e. when a child needs to be collected).
7.4. We are not responsible for delays outside our control. If the holiday is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. 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 end the contract and receive a refund for any part of the holiday you have paid for but not received.
7.5. Making a reservation for a holiday. You can reserve a place on a holiday by applying online through www.ventures.org.uk. Once your reservation has been confirmed, you will be asked to pay a deposit.
The relevant child will be entitled to a place on the holiday once we have received payment in full (which is due 10 weeks before the start of the holiday). The separate reservation form for our Ski Venture can be accessed at www.skiventure.uk.
7.6. Permission to use photographs.
CPAS Ventures and Falcons may take photographs or videos during the holiday for publicity purposes. These images may appear in our printed publications, promotional materials, advertising, on our website or on social media. You are required to indicate whether you give consent for this at the point of reservation. If you have any concerns about this, please contact the leaders of your holiday, advertised on the website or in the brochure, or contact the Ventures and Falcons Office. You can change your mind at any point by the same contact methods.
7.7. Information we will provide before the start of your holiday. When you have purchased a holiday and no less than 8 weeks prior to the start of the holiday, we will provide you with the details of:
7.7.1. Destination, characteristics and categories of any transport used;
7.7.2. Times and places of intermediate stops and transport connections;
7.7.3. Particulars of your accommodation including its type, location and features;
7.7.4. All our holidays include meals
7.7.6. General information about any passport and visa requirements and health formalities required for the holiday;
7.7.7. Whether a minimum number of persons is required for the package to take place;
7.7.8. Any special requirements that you have communicated to us when making the reservation and which have been accepted;
7.7.9. The arrangements which will apply in the event of any outward or homeward delay (please note no outward or homeward travel is provided to our holidays, other than our Ski Venture). Information on travel for the Ski Venture can be accessed via www.skiventure.uk/essentials; and
7.7.10. The name and telephone number of the Venture or Falcon holiday leaders, who are responsible for the child attending the holiday.
7.8. What will happen if you do not give required information to us. We may need certain information from you so that we can provide you with the holiday, for example, passport details, dietary requirements and medical information about the person attending. You will be asked to provide this information on your Reservation Form and closer to the holiday on a Health Update Form. 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 (and clause 10.2 will apply) 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 delay in the holiday or not supplying any part of the holiday if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.9. Reasons we may suspend, delay or cancel the holiday. We may have to suspend, delay or cancel the holiday:
7.9.1. To deal with transport issues or make minor changes to the itinerary;
7.9.2. To update the holiday to reflect changes in relevant laws and regulatory requirements;
7.9.3. As the minimum number of children required for the holiday to take place has not been met or
7.9.4. To make changes to the holiday as requested by you or notified by us to you (see clause 6).
7.10. Your rights if we suspend, delay or cancel the holiday. We will contact you at least 8 weeks in advance to tell you we will be suspending, delaying or cancelling the holiday, unless the problem is urgent or an emergency (including an epidemic or global pandemic). If we have to suspend the holiday we will offer you an alternative holiday. Where we suspend or cancel the holiday for any reason other than a fault caused by your act or omission, you are entitled:
7.10.1. To take an equivalent holiday; or
7.10.2. To take a less expensive holiday in which case we will refund the difference.
If we are unable to offer you a suitable alternative holiday or you choose not to take the offer of an alternative holiday we will refund any sums you have paid in advance.
8. YOUR RIGHTS TO END THE CONTRACT
8.1. You can always end your contract with us. Your rights when you end the contract will depend on the type of holiday you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.1.1. If the holiday you have bought is described incorrectly you may have a legal right to end the contract (or to get the service re-performed or to get some or all of your money back), see clause 11;
8.1.2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.1.4;
8.1.3. If you have just changed your mind about the holiday. You may be able to get a refund, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you cancelling the holiday, see clause 8.2;
8.1.4. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below, the contract will end immediately and we will refund you in full for any part of the holiday which has not been provided and you may also be entitled to compensation. The reasons are:
(a) We have told you about an upcoming, significant change to the holiday or these terms which you do not agree to (see clause 6.2);
(b) We have told you about an error in the price or description of the holiday you have ordered and you do not wish to proceed;
(c) There is a risk that supply of the holiday may be significantly delayed because of events outside our control;
(d) we have suspended the holiday or your reservation for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one year; or
(e) You have a legal right to end the contract because of something we have done wrong.
8.2. How long do you have to change your mind? You can cancel your place on the holiday at any time before the balance of the price is due and you will be entitled to receive a full refund less your deposit. Please note that if you cancel your holiday, we may have already incurred costs on your behalf and other customers may not be able to go on the holiday if the minimum number of people booked drops below the minimum required. As a consequence:
8.2.1. If you cancel less than 8 weeks before the start date of the holiday, you must still pay 50% of the holiday price.
8.2.2. If you cancel less than 4 weeks before the start date of the holiday, you must still pay 75% of the holiday price.
8.2.3. If you cancel on or after the start date of the holiday, you will owe us the full holiday price.
9. HOW TO END THE CONTRACT WITH US
9.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.1.1. Phone or email. Call the Ventures and Falcons Office on 0300 123 0780 (option 1) or email us at email@example.com. Alternatively, you can email or call the individual responsible for bookings as advertised in our brochure or on our website. Please provide your name, home address, details of the holiday and, where available, your phone number and email address.
9.2. How we will refund you. We will refund you the price you paid for the holiday by the method you used for payment. However, we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you cancelling the holiday.
9.3. When your refund will be made. We will make any refunds due to you as soon as possible and no later than within 21 days of your telling us you have cancelled the holiday.
10. OUR RIGHTS TO END THE CONTRACT
10.1. We may end the contract if you break the terms of the contract. We may end the contract for a holiday at any time by writing to you if:
10.1.1. You do not make any payment to us when it is due; or
10.1.2. You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the holiday, for example, passport information and medical information.
10.2. You must compensate us if you break the contract. 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 holidays we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3. We may end the contract with immediate effect if we consider it necessary to do so in the interests of safety. We may cancel the holiday at any time by giving you verbal or written notice if, in our reasonable opinion, there is a risk to the property, health or wellbeing of any individual due to attend or who is present on the holiday. Where such risk is attributable to you or your parent or guardian, the parent or guardian will remain responsible for arranging their child’s return from the holiday at their own expense. For a summary of your legal rights please see clause 11.
11. IF THERE IS A PROBLEM WITH THE HOLIDAY
11.1. How to tell us about problems. If you have any questions or complaints about the holiday, please contact us within 14 days of the end of the holiday. You can telephone our Ventures and Falcons Office at 0300 123 0780 (option 1) or write to us at firstname.lastname@example.org or at CPAS, Sovereign Court One, Sir William Lyons Road, Coventry, CV4 7EZ.
11.2. Summary of your legal rights. See section below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website https://www.citizensadvice.org.uk/ or call 03454 04 05 06. If your product is services, for example the supply of a holiday, the Consumer Rights Act 2015 says:
ï You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it;
Ï If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable; and
Ï If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
You are entitled, if appropriate, to be compensated by the company for the non-performance of the contract except where:
(a) The package is cancelled because the number of persons who agreed to take it is less than the minimum number required, and you are informed of the cancellation in writing at least 8 weeks in advance of the holiday; or
(b) The package is cancelled by reason of unusual and unforeseeable circumstances beyond our control.
Please note that the Consumer Contracts Regulations 2013 do not apply to your holiday.
12. PRICE AND PAYMENT
12.1. Where to find the price for the holiday. The price of the holiday (which includes VAT) will be the price indicated on the website or in our brochure, plus any information on additional costs e.g. optional additional activities. We make best efforts to ensure that the price of the holiday and any additional/optional activities advised to you are correct.
12.2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your reservation date and the date the holiday starts, we will adjust the rate of VAT that you pay, unless you have already paid for the holiday in full before the change in the rate of VAT takes effect.
12.3. What happens if we got the price wrong. We guarantee that once you have booked your holiday (even where the costs increase), the price will not be changed other than to reflect a change in VAT, see clause 12.2.
12.4. When you must pay and how you must pay. We accept payment with Visa or Mastercard credit and debit cards or by cheque. When you must pay depends on which holiday you are buying:
12.4.1. With regards to holiday deposits
(a) You must make a deposit of £60 for Ski Switzerland Venture holiday before we accept your reservation or;
(b) You must make a deposit of £40 for a Venture holiday within 14 days of your reservation being accepted to secure your booking, otherwise we reserve the right to cancel your place.
(c) You may be required to pay a deposit of £10 for a Falcon holiday.
12.4.2. The balance of the price of the holiday is due with us at least 10 weeks before the holiday is due to begin.
Any bookings accepted within 10 weeks of the start date should be secured with full fees within 14 days or by the start date of the holiday (whichever comes sooner), or the place will be cancelled.
12.4.3. If you wish to pay for your holiday using an IBAN transfer to make payment in a currency other than pound sterling, we will charge you an additional administration charge of £7 per transfer payment made in addition to your holiday price.
12.5. What to do if you think the invoice payment reminder is wrong. If you think your payment reminder is wrong, please contact us promptly to let us know.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1. 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 sales process. Our liability (if any) for death or personal injury and/or the loss of or damage to property during travel by sea shall be determined in accordance with the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea as it is in force for the time being and amended from time to time.
13.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes:
13.2.1 Liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
13.2.2 For fraud or fraudulent misrepresentation;
13.2.3 For breach of your legal rights in relation to the holiday including the right to experience a holiday which is as described, and
13.2.4 Matching the information we provided to you and supplied with reasonable skill and care.
13.3. We are not liable for any loss or damage to your property. We are not responsible for any loss or damage to your property.
13.4. You are responsible for arranging your own insurance. You are responsible for arranging your own insurance to cover the cost of cancellation. This also includes the cost of assistance returning to the UK (for Ski Switzerland Venture), including repatriation, in the event of accident or illness.
13.5. You have the benefit of our insolvency insurance. In the event that you suffer any loss as a result of our insolvency you will have the benefit of our insurance policy.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1. How we will use your personal information. We will use the personal information you provide to us:
14.1.1. To supply the holiday to you;
14.1.2. To process your payment for the holiday;
14.1.3. To market future holidays and the work of CPAS through the use of photographs or videos on our website, in our published brochures and in other CPAS publications such as newsletters; and
14.1.4. If you agreed to this during the order process, to give you information about similar holidays that we provide, but you may stop receiving this at any time by contacting us.
14.2. We will give your personal information to third parties where the law either requires or allows us to do so.
15. OTHER IMPORTANT TERMS
15.1. We may transfer this agreement to someone else. 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 2 weeks of us telling you about it and we will refund you any payments you have made in advance for holidays not provided.
15.2. You have the right to transfer the benefit of the holiday to someone else. Where you are prevented from going on the holiday, you may transfer your rights or your obligations under these terms to another person if we agree to this in writing. You and the replacement holiday maker will remain jointly and severally liable to us for the price of the holiday. We may not agree to the transfer if you do not give us at least 2 weeks’ notice of your wish to transfer or if we determine that your chosen holiday is not suitable for the person you wish to transfer your holiday to.
15.3. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4. 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.
15.5. 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 holiday, we can still require you to make the payment at a later date.
15.6. 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. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
If you have any queries or wish to discuss anything regarding these contract terms please do get in touch with us. You can write to us at CPAS, Sovereign Court One, Sir William Lyons Road, Coventry, CV4 7EZ, telephone the Ventures and Falcons Office on 0300 123 0780 (option 1) or email us at email@example.com.