The Contract is entered into with Castaway School Travel, Company number 7412795 (hereinafter referred to as The Company) trading as Castaway School Travel and as Chateau de la Baudonniere.
The Company is a transport organisation that wholesales transportation and related services to schools in the United Kingdom who are travelling to France (Hereinafter referred to as The School) The Company contracts with each individual school. It does not contract with pupils or families. The Contract exists between The Company and The School once the first payment has been received and acknowledged.
For the purpose of resolving any claim or dispute, the contract shall be treated as having been made within the district of Brighton County Court, and shall be subject to English Law in respect of any questions of liability and quantum.
The Company accepts responsibility for ensuring that all parts of our contract with you are properly performed except we will not be liable for any injury, illness, death, loss (for example loss of possessions or loss of enjoyment), damage, expense, cost or other sum or claim of any nature or description whatsoever which results from: (i) the act(s) and/or omission(s) of the person(s) affected or another/any member of your group; (ii) the act(s) and/or omission(s) of a third party unconnected with the provision of the travel services in the booking that are unforeseeable or unavoidable; (iii) unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken; (iv) any loss or damage you incur that relates to any business activity (including without limitation loss of earnings); (v) any loss or damage that relates to any services that you may have entered into separate contracts for with other providers/suppliers and which do not form part of our Contract with you (including, without limitation, any additional services or facilities booked and arranged by you directly, including any activity, excursion you purchase in destination from a third party) and/or any services provided near to where you are staying such as water sport providers, beach vendors, shops, massage and other spa therapies and sporting facilities; (vi) any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to it being confirmed, we could not have foreseen you would suffer or incur if we breached our Contract with you; and any damage, loss or expense or other sum(s) of any description pursuant to clause 12 (COVID-19) .
If there is a problem with our service, you must notify The Company’s Manager of any problem you encounter as soon as possible. If it is not resolved on the spot, please write to us immediately and we will do our best to find a satisfactory solution. We do not accept liability for any complaint, which is not notified to us in writing within 28 days of conclusion of your travel.
If, after selecting and paying for one travel service, you book an additional service, you will not benefit from rights applying to packages under the Package Travel and Linked Travel Arrangements Regulations 2018.
Please note that, since your payments go directly to the relevant travel service providers, our company has not taken out any protection to refund you, in the unlikely event it becomes insolvent.
Should you find yourself in difficulty we will do our best to help. Any assistance offered [will be subject to a limit of £5,000 per contract] and should you be able to recover the costs we incur from any other source (e.g. Insurers) then we reserve the right to charge you for any assistance we provide or procure on your behalf.
This is negotiated individually between each school and The Company, and involves two payments on agreed deadline dates prior to travel, including a non-refundable deposit.
Transportation booked by those persons named in advance of travel by the Party Leader and our agreement must be obtained for any subsequent alterations. Please telephone to discuss any revised requirements, which will be subject to availability and may be subject to an additional charge.
All special requests, changes, substitutions, additions and cancellations requested are not agreed as alternations to The Contract until The School has received written confirmation from The Company with a new updated booking confirmation.
To ensure our Travel Coordinators have the correct written information in good time, we regret that we are unable to accept changes within ten days of commencement of your travel.
All special requests, changes, substitutions, additional and cancellations requested are not agreed as alterations to the contract until The School has received written confirmation from The Company with new updated booking confirmation.In the event of a reduction in Party Size from the group size specified at the point of the initial contract;
a) The Company reserves the right to charge £75 per place if notified by The School between the first payment and the second payment due dates.
b) The Company reserves the right to charge £235 per place if notified by The School after the due date of the second payment.
c) The Company reserves the right to charge the full price for any place cancelled within a month of departure.
d) Notwithstanding (a) (b) & (c) above, The Company will mitigate on compassionate grounds if it is appropriate and will deal with each case on an individual basis
d) Exceptions to (a) and (b) above will be granted in cases where the initial payment is made out of school funds to secure the booking in advance of The School properly testing the size of the party. For this exception to apply, these conditions must be clearly specified by The School to The Company at the point of the booking contract. (e) Places are not transferable. A drop out is a forfeit deposit and a new sign up is a new deposit payable.
Within each school we expect one individual to maintain overall responsibility for the obligations of The School during transportation (herein referred to as The Party Leader).
A full list of all members travelling on the transportation must be received by The Company at least 10 working days prior to travel.
Party Leaders must ensure that they have the correct travel documentation for all members of their school group, including passports and where applicable, visas.
All reasonable steps are taken to minimise disturbance to other passengers of ferries, aeroplanes and trains, and on coaches, and prevent damage to property or vehicles. In the case of damage to vehicles, The School will be asked to pay the cost of making good.
Party Leaders must take responsibility for the tidiness of coaches provided by The Company and should ensure that all litter is removed
Your personal property, including baggage, is your own responsibility at all times unless any loss or damage is due to our negligence or any failure to carry out our responsibility. Please satisfy yourself that you have insurance cover for your belongings and that it is adequate for your needs.
It is the responsibility of the teachers from The School to account for all luggage being loaded onto and off from the coach, although your driver will of course assist you with the loading and unloading.
The Party Leader accepts responsibility for the general conduct of the party throughout the journey, and must provide not less than one responsible adult on active duty at all times to ensure that all others in its Party are well behaved. On Brittany Ferries the accompanying adult’s ratio is 1:12 and
The School should ensure that these minimum standards are met.
Very occasionally, it may be necessary for The Company to make changes to tour/course details and to our brochure both before and after your booking has been officially acknowledged in writing. As this is usually the result of circumstances totally outside our control, The Company must reserve the right to do so. Most changes will be of a minor nature. In the unusual event of The Company having to make a significant change, you will be notified as quickly as possible. The Company will then offer you the choice between accepting the changes or receiving a full and prompt refund of all monies paid. In addition (and if appropriate), we will pay you compensation except where a change is made as a result of unusual and unforeseeable circumstances beyond our control, the consequence of which we could not have avoided even with all due care.
Transportation services provided to a School as wholesaler falls outside the school of current VAT legislation (including T.O.M.S) and is not subject to VAT (it is zero rated).
In the event that the Government change the scope of VAT to include transportation services you will be notified of the surcharge, which is to be applied to your booking.
In this case, The Company will absorb an amount equivalent to 2% of the travel price, which excludes insurance premiums, and any amendment changes. If this means paying more than 10% on the travel price, The School will be entitled to cancel the transportation with a full refund of all money paid. Should The School decide to cancel on these grounds, this right must be exercised within 14 days of notification.
All itineraries and sample timetables provided are subject to alteration due to weather and/or operational factors. The details announced in various brochures and leaflets are compiled from up-to-date and accurate information available at the time of going to press; the print date appearing in each brochure or leaflet. They are published in good faith but do not constitute any representation.
It is a condition of your Contract with us that you have adequate travel insurance that is effective from the date that you make your booking with us. You must be satisfied that your insurance fully covers all your personal requirements including, without limitation, adventurous activities you take part in, full COVID-19 cover, personal belongings, any pre-existing medical conditions, cancellation charges, medical expenses and repatriation costs in the event of accident or illness
Except where otherwise expressly stated in these booking conditions we will not be liable for any damage, loss, costs or other expenses incurred by you - or pay you compensation - where the performance or prompt performance of our Contractual obligations to you are prevented, or affected by, or you otherwise suffer any damage, loss or expense of any nature, as a result of unavoidable and extraordinary events.
Unavoidable and extraordinary events are events that neither we nor the suppliers of any service(s) in question could, even with all due care, foresee or avoid. Such events include, without limitation, war (whether actual or threatened), civil unrest, riot, strife, terrorist activity and/or its consequences or the threat of such activity, health risks, infectious disease, epidemics and pandemics and government measures to combat such outbreaks, riot, the act of any government or other national or local authority or the act of any airport, port or river authorities, unforeseeable technical problems with transport, airport, port or airspace closure restriction or congestion; flight or other travel restrictions imposed by any government, regulatory authority or other third party; industrial dispute, sanctions, lock closure, natural or nuclear disaster, fire, flood, adverse weather conditions, volcanic eruption, chemical or biological disaster, consequences of Brexit and all similar events outside our or the concerned supplier’s control.
We both acknowledge the ongoing COVID-19 global crisis and accept our obligations to comply with any official guidance from governments or local authorities, both in the UK and whilst in destination.
We will have no liability for any refunds, compensation, costs, expenses or other losses of any kind incurred by you (including, where applicable, the cost of medical treatment), in the following circumstances:
(i) If you, or anyone in your booking party, test positive for COVID-19 and have to quarantine for a period of time, or are notified or otherwise become aware that you have, or suspect you may have, come into close contact with someone who has tested positive for COVID-19 (or where they otherwise suspect they may have COVID-19) and have to self-isolate for a period of time. If this happens within 14 days of your departure date, you must contact us as you may no longer be able to travel. We will offer you the following options where possible and subject to availability:
(a) Postponing your booking to a later date. We will notify you of any impact to the price the postponement may have (please note that you may have to pay full cancellation charges on some elements of your booking, as well any increase in cost imposed by other suppliers);
(b) If not everyone in the booking is affected, you will have the right to transfer your place on the booking to another person nominated by you, subject always to the requirements of clause 5;
(c) Cancelling your booking, in which case our standard cancellation charges shall apply as of the date we receive notice of cancellation from the lead name. You may be able to claim these charges back from your travel insurance.
If this happens whilst you are in destination, please notify us without delay and we will provide such reasonable assistance as we can in the circumstances. However, we will not be responsible for covering the cost of any curtailment of your booking, missed transport arrangements, additional accommodation required (either in the UK or in destination, prior to your departure), or other associated costs incurred by you. You must ensure you have travel insurance which covers these costs.
(ii) You fail any tests, checks or other measures imposed by a supplier, airline, port or airport, border control authority or other government body or local authority or fail to submit for testing or assessment when requested to do so and, as such, you are denied entry to board the flight, entry to the destination, access to the services or you are otherwise unable to proceed with your booking, or that portion of your booking.
12.2 You also acknowledge that the suppliers providing your booking and associated travel services, including airlines, hotels and excursion providers, will need to comply with national and/or local guidance and requirements relating to COVID-19 and have implemented certain measures as a result. This will likely include specific requirements regarding personal protective equipment, such as use of face-masks by staff (and you may be required to wear a face-mask as well), social distancing, maximum number restrictions on the use of certain facilities, designated alternative entrance and exit routes, mandatory hand sanitisation, limited entertainment options, limited food/drink availability and amendments to the usual or normally expected safety standards and procedures. We do not expect these measures to have a significant impact on your enjoyment of your booking and all measures will be taken with the purpose of securing your safety and those around you.
In this clause 13:
Data Protection Legislation means the UK Data Protection Legislation and (for so long as and to the extent that the law of the European Union has legal effect in the UK) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to privacy.
UK Data Protection Legislation means any data protection legislation from time to time in force in the UK including the Data Protection Act 2018 or any successor legislation. This does not relieve, remove or replace, either of our respective obligations under the Data Protection Legislation.
(1) Both you and we will comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to, and does not relieve, remove or replace, either of our respective obligations under the Data Protection Legislation. In this clause, Applicable Laws means (for so long as and to the extent that they apply to us) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and Domestic UK Law means the UK Data Protection Legislation and any other law that applies in the UK.
(2) Both you and we acknowledge that for the purposes of the Data Protection Legislation, you are the data controller and we are the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation). Clause (7) sets out the scope, nature and purpose of our processing, the duration of processing and the types of personal data (as defined in the Data Protection Legislation, Personal Data) and categories of Data Subject.
(3) Without prejudice to the generality of clause (1), You will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to us for the duration and purposes of this agreement.
(4) Without prejudice to the generality of clause (1), We shall, in relation to any Personal Data processed in connection with our performance of our obligations under this agreement:
a) process that Personal Data only on your written instructions unless we are required by Applicable Laws to otherwise process that Personal Data. Where we are relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, we shall promptly notify you of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit us from so notifying you;
b) ensure that we have in place appropriate technical and organisational measures, reviewed and approved by you, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of our systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by us);
c) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
d) not transfer any Personal Data outside of the European Economic Area unless your prior written consent has been obtained and the following conditions are fulfilled:
i. you or we have provided appropriate safeguards in relation to the transfer;
ii. the data subject has enforceable rights and effective legal remedies;
iii. we comply with our obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
iv. we comply with reasonable instructions notified to us in advance by you with respect to the processing of the Personal Data;
e) assist you, at your cost, in responding to any request from a Data Subject and in ensuring compliance with your obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators.
f) notify you without undue delay on becoming aware of a Personal Data breach;
g) at your written direction, delete or return Personal Data and copies thereof to you on termination of the agreement unless required by Applicable Law to store the Personal Data; and
h) maintain complete and accurate records and information to demonstrate our compliance with this clause.
(5) You consent to our appointing (where necessary) a third-party processor of Personal Data under this agreement. We confirm that it has entered or (as the case may be) will enter with the third-party processor into a written agreement substantially on that third party's standard terms of business. As between you and us, we shall remain fully liable for all acts or omissions of any third-party processor appointed by us pursuant to this clause.
(6) We may, at any time on not less than 30 days’ notice, revise this clause by replacing it with any applicable controller to processor standard clauses or similar terms forming party of an applicable certification scheme (which shall apply when replaced by attachment to this agreement).
(7) In providing our services we will:
a) process the Personal Data of the persons whose details are entered into the booking;
b) process that Personal Data in the following ways:
i. storing data;
ii. transmitting data to our sub-contractors as provided in this clause; and
iii. consulting the data.
c) for the following purposes:
i. to make arrangements for the group’s food, accommodation and travel; and
ii. to plan for any health, disability related or dietary requirement needs of any group members
d) We will carry out these activities for the duration of our contract with you. Unless we are required by the Data Protection Legislation to store the Personal Data, when the contract ends we will delete or return the Personal Data to you in accordance with your instructions.
e) We will process the following Personal Data:
iii. phone numbers;
iv. email addresses;
v. dates of birth;
vi. emergency contacts;
vii. information relating to health conditions and disability;
viii. information relating dietary requirements.
ix. Information relating to religion
x. passport information
f) We will process the Personal Data of the persons who are participating in the booking, including:
ii. students; and
iii. any other persons travelling in relation to this booking
15 February 2022