Terms & Conditions: Learn in the Sun (UK) Ltd.
Updated: 3rd September 2016
1)Validity & Prices
The prices listed at www.learninthesun.com or www.learninthesun.co.uk are published by Learn in the Sun (UK) Limited ("the Company", "we", "our", "us") and are based on the costs and exchange rates current at the time of publishing and are per person unless otherwise stated. The Company reserves the right to alter these prices at any time (prior to booking). For trips departing between January 1, 2017 and December 31, 2017, the price of your trip is guaranteed when paid in full, or the full deposit is paid.
For trips departing on or after January 1st 2018, prices are indicative only.
The itineraries listed on our website are applicable from 3rd September, 2016 until December 31, 2017. After January 1st, 2018, itineraries are indicative only. All published information is accurate to the best of our knowledge at the time of publishing, but please note that changes to our trips (which may be significant) may occur. The Company will make every effort to keep the client informed of any changes, but cannot be held liable for any alterations made to the published itineraries. Please refer to our website for the most recent update to any trip. Confirmed travellers will receive an email if there are any significant changes to the itinerary. If the replacement itinerary is far away from the original and the client does not accept this, a full refund will be made.
To secure a booking for a trip, the Company requires a completed booking form together with a deposit of 30%, (a lower deposit is normally requested at the point of initial booking) of the total per person price of the trip or, if there are less than 90 days remaining until the trip is due to commence, the Company requires full payment of the trip. Deposits may be different for custom and private trips and will be communicated prior to booking. A booking is accepted and becomes definite only from the date when the Company has confirmed acceptance by issuing the client with a Trip Confirmation email. It is at this point that a contract between the Company and the Client comes into existence. Before your booking is confirmed and a contract comes into force, the Company reserves the right to decline any booking at their discretion. The contract is between the Company and the Client, being the person named on the booking form. The contract, including all matters arising from it, is subject to English law and the exclusive jurisdiction of the English or Welsh courts. No employee, contractor or sub-contractor of the Company other than a director has the authority to vary or omit any of these terms or promise any discount or refund.
3) Payment For Your holiday course
The balance of all monies due, including any surcharges applicable at that time, must be paid to the Company (unless otherwise agreed in writing) not later than 90 days before departure. In the case of non-payment of the balance by the due date the Company will treat the booking as cancelled by the Client, and no refund will be offered.
4) Cancellation by the Client
Loss of monies paid applies to all cancelled reservations. The date of trip cancellation is the date on which the written cancellation is received by the Company. The loss of monies paid is as follows, per person:
Cancellation 90 days or more prior to trip departure - Loss of deposit (Maximum 30%)
Cancellation between 60 and 89 days prior to trip departure - 50% of total booking cost
Cancellation between 30 and 59 days prior to trip departure - 75% of total booking cost
Cancellation less than 30 days prior to departure - 100% of total booking cost
PLEASE NOTE: Cancellation policy for custom and private trips may differ from these terms and will be communicated prior to booking.
If you are paying by instalments, please ensure that all payments are received on or before the due date. Reminders will be sent out for any unpaid invoices and a fee of €15 / $15 may be charged for this reminder. Any payments not made within 21 days of the due date and without contact to us, will result in our assuming that you wish to cancel the course with full loss of monies already paid.
No refunds will be made if you voluntarily leave a trip for any reason after the trip has begun. The same applies if you leave a trip or cannot fully participate in a trip due to injury or illness. Refunds will be at the discretion of the Company if you are involuntarily forced to leave a trip for any reason. No refunds will be made for any accommodation, transport, sightseeing, meals or services not utilised.
5) Cancellation by the Company
The Company reserves the right to cancel any trip if the trip does not attract the minimum number of clients required to make the trip financially viable. The Company will not, however, cancel a trip any later than six weeks prior to the commencement of the trip. A proviso to this; the Company reserves the right to cancel a trip at any stage prior to the scheduled departure due to terrorism, natural disasters, political instability or other external events which make it unviable or unsafe for the Company to operate our planned schedule. In such a case, the Company will, at its own discretion, refund the trip price to the customers. There is no refund for any items not booked through us. Please take your own insurance for covering flights, hire car or accommodation costs not booked through us.
6) Booking Amendments
If you wish to change your booking in any way, you must contact us as soon as possible and we will accommodate your request to the best of our ability. Surcharges may apply.
7) Substitution of a Client
If any member of the party is prevented from traveling because of the death, injury or serious illness of the passenger, close relative or friend, redundancy or jury service, it may be possible to transfer the booking to another suitable person (acceptable to the Company) provided that written notice is given at least 30 days prior to departure. An administration fee of (maximum) $150/ £100 /€150 may be imposed by the company to cover non-refundable costs, however there is normally no charge.
Please note that there may be separate additional charges if you have booked flights or Helicopter Tours.
Minimum Group Size: The Company's trips are priced based on a minimum group size that varies by trip, making our trips financially viable to operate. A small group surcharge will be assessed to each guest traveling in groups that fall below the minimum group size, which avoids us having to cancel the trip as many other companies do. Minimum and maximum group sizes do not include Learn in the Sun (UK) guests, such as staff members, celebrities, journalists and photographers. You will be informed of any surcharge in plenty of time before travel, and the option to cancel without any financial loss can be made at this time.
Currency Conversion: Prices on this website that are not quoted in local currency (LOCAL is where the course is to be delivered) are based on a recent currency conversion rate and may go up or down.
Pricing Adjustments: The Company reserves the right to change the trip costs to take account of the following items: government action, fluctuations in currency exchange rates, and transportation costs, including the cost of fuel, overflying charges, airport charges and increases in scheduled air fares (where applicable). The Company will not absorb any increase in booking price should a surcharge be necessary. The Client will have to pay necessary surcharges but if these result in an increase of more than 10% of the base trip cost, the Client may cancel the booking within 7 days notification of the surcharge and obtain a full refund. No surcharge will be imposed within 30 days of departure.
Travel insurance is mandatory for all clients whilst on a course organised by the Company. It is mandatory that this travel insurance covers adequate personal accident, medical, evacuation and repatriation expenses, as well as cancellation, curtailment, loss of effects and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the client. Clients, together with their personal property including baggage, are at all times solely at their own risk. Clients are wholly responsible for arranging their own insurance.
10) Passport, Visa and Vaccinations
It is the responsibility of the Client to be in possession of a valid passport, visa permits, inoculations and preventative medicines as may be required for the duration of the trip. Information about these matters or related items is given in good faith but without responsibility on the part of the Company. For trips to the USA, European citizens can travel on an ESTA (see https://esta.cbp.dhs.gov/esta ).
You acknowledge that participating in some of our trips requires a degree of flexibility, and understand that the route of a trip, accommodation and modes of transport are subject to change without prior notice due to local circumstances. Should the Company deem it advisable to amend an itinerary for any reason, it may do so by shortening, varying or re-routing any trip. These changes are binding and additional expenses will be charged to you if the reason for any alteration is outside the Company's control. While traveling with the Company you agree to accept the authority of the leader and/or local operator at all times. You are aware that travel within a group may involve compromise to accommodate the diverse desires and physical abilities of group members. You understand that the Company reserves the right to decline, accept, or retain any person as a member of the group at any time. You acknowledge that the Company contracts with a network of companies, government agencies and individuals to assist in the running of its trips. To the best of the Company's knowledge, these third parties are qualified to perform the duties they are contracted to perform. However, the Company will not be held liable for any injury including death, damage, loss, delay or irregularity that may occur due to the behaviour of these third parties. The Company will not accept responsibility or liability for any client who contravenes any law or regulation of any country visited. No employee, contractor, sub-contractor, servant or agent of the Company has authority to vary these conditions. This agreement is governed by the laws of England and Wales.
The Company does its utmost to ensure you a rewarding and enjoyable travel experience with us. In the case where we offer coaching and guiding, we also endeavour to provide you with the best possible learning experience. We understand that expectations vary greatly from person to person, however, and we cannot guarantee to meet all the expectations of the various people who attend our trips. By agreeing to these terms and conditions you accept that the Company will not be held accountable if our trips do not meet your particular expectations. This includes, but is not limited to, meeting your expectations regarding the quality or quantity of snow, ski/snowboard areas, surf breaks, beaches, rock climbing areas, mountain bike trails, and kayaking waterways, the quality or quantity of coaching and guiding, the quality or type of accommodation, the standard or type of transportation, the style of trip leadership and organisation, and the extent of your improvement in snowboarding, skiing, surfing, rock climbing, mountain biking or kayaking or any other skill.
We are in no way responsible for the weather!
Traveling with the Company may involve risks above and beyond those encountered on a more conventional holiday. Vacations involving snowboarding, skiing, Stunt performance, Parachuting, Free Fall or other adventurous activities have inherent dangers that can result in serious injury and even death. Our use of guides and coaches can help to reduce these dangers but it cannot eliminate them. You must be prepared to accept the risks associated with all activities if you attend our trips. Likewise, you must also be prepared to accept responsibility for your own actions during our trips. Although our guides and coaches may provide you with advice and directions it is ultimately your responsibility to determine where your limits of capability and experience are and to avoid crossing these limits. We will not be held accountable for the choices and decisions you make during our trips.
Our vacations may also involve dangers due to the countries and regions we visit. The Company visits some geographical regions where, among other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications, and infrastructure may not be of the standard that you are used to or would find on a more conventional holiday. The safety of roads and standard of driving practices may also be lower in some of these regions relative to what you are accustomed to. Although we do our utmost to ensure that our drivers adhere to local driving laws and drive carefully and safely, we cannot guarantee your safety while driving with us and will not be held accountable for road accidents that occur during your travels with us.
By agreeing to these terms and conditions you accept the risks outlined in the above two paragraphs and fully assume the risks of traveling with the Company. You agree to release the Company from any liabilities connected to these risks.
14) Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement (hereafter the "Release Agreement")
By agreeing to this release agreement you will waive certain legal rights, including the right to sue. Please read carefully!
To: Learn in the Sun (UK) Limited, and their directors, officers, employees, agents, independent contractors, subcontractors, representatives, sponsors, successors and assigns (all of whom are hereafter collectively referred to as "the RELEASEES").
Assumption of Risk: I am aware that snowboarding, skiing, surfing, mountain biking, rock climbing, kayaking and any other activities offered by the Company involve the risk of injury. I am aware that there is a risk of negligence by the Company and/or the trip operator, including the failure by the Company and/or the trip operator to safeguard or protect me from or warn me of the risks, dangers and hazards of skiing, snowboarding, surfing, mountain biking rock climbing, kayaking and other activities. I freely accept and fully assume all risks, dangers and hazards associated with participating in a Learn in the Sun (UK) Ltd trip and the possibility of loss, personal injury or death resulting therefrom.
In consideration of booking a Learn in the Sun (UK) Ltd trip I hereby agree as follows:
1) To waive any and all claims that I have or may in the future have against the RELEASEES and to release the RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next-of-kin may suffer as a result of a Learn in the Sun (UK) Ltd trip due to any cause whatsoever, including certain breach of contract or breach of any statutory or other duty of care, on the part of the RELEASEES, and further including the failure on the part of the RELEASEES to safeguard or protect me from or warn me of the risks, dangers and hazards of participating in a Learn in the Sun (UK) Ltd trip.
2) To hold harmless and indemnify the RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in a Learn in the Sun (UK) Ltd trip;
3) This Release Agreement shall be effective and binding upon my heirs, next-of-kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
4) This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of England and Wales, and no other jurisdiction; and
5) Any litigation involving the parties to this Release Agreement shall be brought solely within England and Wales, and shall be within the exclusive jurisdiction of the Courts of England and Wales.
If you have a complaint
If you have cause for complaint whilst on your course, this must be brought to the attention of the Learn in the Sun staff member present immediately so that action can be taken to remedy the problem. Failure to report your complaint in this way may jeopardise any claim you subsequently make. Complaints must also be notified in writing by email to us within 14 days of the end of your trip, through firstname.lastname@example.org