Your protection at PGL Centres:
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked with PGL and for your repatriation in the event of our insolvency. We provide this security by way of a bond held by ABTA.
If you book arrangements other than a package holiday from us, your monies are protected by way of a bond held by ABTA. For bookings to UK centres and to overseas centres by coach, PGL Travel Ltd holds a bond with ABTA. This arrangement means your money will be refunded or you will be brought back to the UK (where your contracted arrangements include return travel to the UK) if already abroad in the unlikely event of our being unable to provide your holiday due to our insolvency.
Alterations to your booking:
PGL will do its utmost to provide all of the arrangements that have been confirmed, but must reserve the right to alter or cancel any activities, accommodation or other arrangements, including escorted travel, if operational, weather or other considerations so dictate. If we have to make a major change to your holiday, we will offer a suitable alternative if available, or 100% refund, if we are not able, in our opinion, to offer an alternative that is sufficiently comparable. Compensation will be paid as below if we have to make a major change to your holiday within 8 weeks of holiday commencement, unless the change is due to circumstances beyond our reasonable control, including but not limited to war, riot, civil commotion, act of God, industrial dispute, Government action, epidemic, disease, adverse weather or natural disaster.
PGL accepts responsibility for those elements of the holiday arrangements which are under our direct control and for the acts and/or omissions of our employees, agents, subcontractors and suppliers. Save as set out below, no liability is accepted for personal illness, injury or death. We do accept responsibility for any personal illness, injury or death which results from the negligent (as the word is understood in the English Law) acts or omissions of any servant or agent, or any supplier, working on our behalf in the provision of services or facilities to you and whilst acting within the scope of their employment.
Should you or any member of your party have the misfortune to suffer illness, injury or death during the period of your holiday, arising out of an activity which does not form part of the arrangements made by us, we shall, where appropriate, and subject to our reasonable discretion and prior agreement, give you and your family every help that we can by way of initial assistance, including initial legal costs associated there with, up to a maximum value of £5,000 per booking. You must request such assistance within 90 days from the date of the misadventure and in the event of there being a successful claim for costs against a third party or there being suitable insurance policies in force, the costs incurred by PGL shall be recoverable from yourselves.
We shall not be liable in respect of any loss of profits, damage to goodwill or any type of special, indirect or consequential loss even if such loss was reasonably foreseeable or we have been advised of the possibility of you incurring the same. Subject to the above and excluding liability for death or personal injury, our liability shall be limited to £15,000 (pounds sterling) in respect to any one claim.
It is the responsibility of the parent/guardian to advise PGL of a child’s special diet and swimming ability in writing or by telephone at the time of booking. This information will be reconfirmed to you in our documentation. (All children participating in water sports must be able to meet PGL’s swimming requirements as detailed in the Parent Guide.) It is also the responsibility of the parent/guardian or other person acting in ‘loco parentis’ to fully advise PGL, when booking, and then follow this up in writing, of any illness, disabilities, social or behavioural problems that a youngster currently has, or has recently experienced, which might affect the youngster or other guests during the PGL holiday We may request written confirmation from your GP/teacher confirming the suitability of the holiday for your child with particular reference to such considerations as social compatibility, physical access, successful participation and health and safety. We will naturally treat any personal information sensitively and respect confidentiality. We are committed to making our holidays as accessible to as many guests as possible, however, very occasionally we may not be able to provide the service required and will refund any deposit paid. We reserve the right to exclude any person before or after holiday commencement if important personal details have not been fully declared and/or his/her behaviour is incompatible with the general enjoyment and well-being of others. Collection would be entirely at the responsibility and expense of the person acting in ‘loco parentis’ to whom any costs for damage and other expenses incurred would also be charged. Behaviour deemed inappropriate may include: • Under age buying and consumption of alcohol • Leaving the site unless accompanied by a PGL member of staff • Suspected involvement with illegal drugs • Smoking outside of designated areas and smoking by under 16s • Entering accommodation used by the opposite sex • Theft or illegal activities • Threatening behaviour, bullying, offensive or insulting language to other guests, PGL staff or any other person resident on centre • Anti-social behaviour affecting other guest’s enjoyment of their holiday • Leaving rooms during the night without a legitimate reason • Deliberately tampering with safety systems (e.g. CCTV, Fire Alarms).
Your personal property, including baggage, is your own responsibility at all times, unless any loss or damage is due to our negligence or failure to carry out our responsibility. Please note that an adventure holiday is not the place to bring mobile phones, expensive watches, jewellery, photographic equipment or other precious items which may not be covered by the PGL insurance.
We regularly take photographs and videos for promotional and training purposes, if you do not want your child to appear in these you must write to PGL Customer Service and inform PGL Staff on arrival at the centre.
Your protection at JCA’s facilities:
– All bookings are made with Travel Class Ltd. (the company) the registered office of which is Tui Travel House, Crawley Business Quarter Way, Fleming Way, Crawley, West Sussex RH10 9QL.
– Travel Class Ltd is a member of ABTA with membership number V7530. Please go to www.abta.com for a copy of the Guide to ABTA’s Scheme of Financial Protection. These booking conditions and this brochure comply with their code of conduct for tour operators.
– In order to ensure that the monies you pay are protected we will issue a booking confirmation showing the details of the services that you have booked including the dates, centre, numbers travelling, price and the amount of money to be paid and already received. You should check these details carefully and contact us immediately if you have any queries.
– A contract will only exist when the company has received and acknowledged in writing by means of confirmation of booking, with the appropriate deposit payment. A signed Booking Form should also be included.
– The Booking Form must be signed by a person who is authorised by all members of the party (or by their parent/guardian if they are under 18) to act on their behalf. The person who signs the booking form must ensure that all members of the party are aware of these booking conditions and agree to be bound by them.
– No additions, alterations, amendments, promises or deletions may be made regarding these booking conditions, except by a director of the company in writing and signed by a director.
Cancellation by the Company
– Although we will do our best to provide residential activity courses as shown in this brochure, there might be occasions, because of change in circumstances beyond our control, when we have to make changes to or cancel holidays both before and after the party leader has booked. We reserve the right to make such changes at our absolute discretion. Most changes, if necessary, will be minor.
– Occasionally, we will have to make a significant change to a confirmed booking, in which case we will advise you as soon as possible. If such a change occurs, we will provide you with a choice of (a) accepting the change; (b) purchasing another course from us if available (and paying the extra cost or receive a refund in respect of any price difference), or (c) receiving a full refund of all the monies paid. If we are forced to make significant change, we will pay you compensation on the scale set out in E. above (except where the significant change or cancellation is made as a result of unusual or unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care which includes, but is not limited to, events listed below under “Force Majeure”).
– Please note that no compensation is payable regarding a minor change and in all cases we do not accept responsibilities for any cost incurred as a result of any change. Please note that if your Final Balance is not paid by the correct date for any reason you will not be entitled to compensation.
– “Force Majeure” means circumstances such as war or threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire or adverse weather conditions and all similar events outside our control. In these circumstances, we cannot offer compensation or refund, for any cost incurred by you where the company is forced to cancel, delay, curtail or change your trip in any way, or where the performance or prompt performance of our contract with you is prevented or affected.
– The company accepts responsibility for the service which it provides. Many services included in your overall course provision such as the services provided by the site, coach companies or other transport operators are provided and performed by organisations over whom Travel Class has no direct control. However, the company accepts responsibility for providing all the various parts of your trip to a reasonable standard and the company has done its best to ensure that the services provided by its various suppliers are efficiently supplied and are of a reasonable standard. The company accepts the responsibility for acts and/or omissions of its employees, agents, subcontractors and suppliers provided they were at the time acting within the scope of or in the course of their employment agency or contract of supply. This acceptance of liability does not apply where the term and definition of “Force Majeure” as defined in these conditions occurs. In all cases where personal injury, illness or death occurs, the company’s liability is limited to the trip price (excluding insurance premiums and any alteration/amendment charges) of the person(s) affected in total.
– The company also accepts responsibility for the death, injury or illness of any member of the party which occurs as a result of failure to perform or improper performance of any part of our contract with you by any of the company’s employees, agents or subcontractors, provided they were at the time acting within the scope of or in the course of their employment, agency or contract of supply, with the exception that the failure to perform or improper performance was due to your own acts and/or omissions, or those of any third party not connected with the provision of your trip arrangements and which were unforeseeable and unavoidable, or an event which either ourselves or the suppliers of the service(s) could not have foreseen or forestalled even with all due care. As far as sea carriage is concerned the company’s liability is limited as if we were carriers within the appropriate national convention. Our acceptance of this liability is conditional upon your notifying us in writing within 28 days of your return from your trip, and where any payment is made to you or a member of your party by us or our insurers, we reserve the right to claim against any third party responsible. It is also a condition that the person(s) in receipt of such payment will assign to ourselves or our insurers any rights they may have to claim against any third party.
– You must also agree to give ourselves or our insurers your full co-operation.
– Should you or any member of your party suffer illness, injury or death during the period of your holiday by misadventure arising from any activity which does not form part of the services we are contracted to provide, we shall do our best at our absolute discretion to give assistance, guidance and financial assistance, where appropriate, up to a limit per booking of £5,000 cost to ourselves.
– Under the terms of your insurance, all the members of your party are covered for medical expenses, medical emergency service and legal expenses cover. If any costs incurred by the company in providing you with the aforementioned financial assistance are for insured risks or in the event of a successful claim against a third party, the company reserves the right to recover costs from the party member concerned.
INFORMATION ABOUT YOU
We will update your information whenever we can to keep it current, accurate and complete.
Our Use of Your Information
– For the purpose of providing you with our services, including your holiday or insurance, etc., we may disclose and process your information outside the UK/EEA. In order for you to travel abroad, it may be mandatory (as required by government authorities at the point(s) of departure and/or destination) to disclose and process your information for immigration, border control, security and anti-terrorism purposes, or any other purposes which they determine appropriate. These requirements may differ depending on your destination and you are advised to check. Even if not mandatory, we may exercise our discretion to assist where appropriate.
– We may collect and process your information for the purposes set out in our registration with the Office of the Information Commissioner, and disclose the same to our group companies for business purposes and also to companies who act as “data processors” on our behalf, or to our service providers operating systems or business functions on our behalf (some of whom are located outside the UK/EEA). These business purposes include administration, providing services (and contacting you where necessary), customer care, service quality, business management and operation, re-organisation/structuring/sale of our business (or group companies), risk assessment, security, fraud and crime prevention/detection, monitoring, research and analysis, marketing, customer purchasing preferences and trends, dispute resolution, credit checking and debt collection.
– Information (such as health or religion) may be considered “sensitive personal data” under the Data Protection Act 1998. We collect it to cater to your needs or act in your interest, and we are only prepared to accept sensitive personal data on the condition that we have your positive consent. By booking with us you also agree for your insurers, their agents and medical staff to disclose relevant information and sensitive personal data to us in circumstances where we need to act on your behalf or in the interest of others or in an emergency. If you do not agree to Our Use of Your Information above, we cannot do business with you or accept your booking.
Direct Marketing Material
– We may from time to time contact you with information on offers of goods and services, brochures, new products, forthcoming events or competitions from our holiday divisions and our group companies. Our websites will assume you to agree to e-communications when you make a booking.
– You may indicate your preference regarding receiving third party direct marketing material.
– If do not wish to receive such information or would like to change your preference, please refer to point (2) of “Your Rights” below.
– On completing our Data Subject Access Request form, you are entitled to a copy of the information we hold about you (for a £10 fee) and to correct any inaccuracies.
– You have the right to ask in writing not to receive direct marketing material from us. If available, you can amend your previous preference on our website(s), use our “unsubscribe email” or refer to our literature containing instructions. Once properly notified by you, we will take steps to stop using your information in this way.
– For a list of our group companies or brands, please send us your request.
Please write to Travel Class Limited (trading as JCA), Legal Department, TUI Travel House, Crawley Business Quarter, Fleming Way, Crawley, West Sussex RH10 9QL.