Terms and Conditions 28.06.06

These terms and conditions supplement the German law §§ the 651 u.FF. BGB and regulate the legal relationship between the company ‘The Central School of English’ (Reiseveranstalter) based at 1 Tottenham Court Rd, London WC1B 3PS, UK hereby mentioned in the following text as the ‘Principal’, and the ‘Client’ (any person or persons who purchases or makes an offer to purchase a language journey arrangement arranged by or through the Operator). Sprachdirekt (Reisevermittlung) based in Ruhrstr 5, 68167 Mannheim, Germany hereby mentioned in the following text as “Operator iSd §§ 164ff. BGB. The conditions set out below apply to each and every language journey and is subject to the following conditions:
1. Contract
1.1 Any booking confirmed and placed by the client; whether through the Operator's web-site (Reservation Form), by email, fax or in writing, shall be deemed an offer by that person to purchase the relevant booking.
1.2 If a client or any third party outside the group makes a booking on behalf of a group, he/she warrants that he/she is authorised by each and every member of that group to make the Travel Enquiry on behalf of each and every such member and is acting as their agent, and in so doing binds each and every member to these conditions. Upon the Travel Enquiry being accepted by the Operator, the client or third party making the booking warrants that each and every member of the group has been informed of and is bound by the terms and conditions set out herein.
1.3 No contract between the client and the Principal shall come into existence until the Operator issues a confirmation invoice on behalf of the Principal.
1.4 The client's acceptance of these terms and conditions will constitute the entire agreement between the client and the Principal and the in relation to the relevant booking.
2. Payments
2.1 All payments must be made prior to the start of the language journey, in Euro (€) to Sprachdirekt, Sprakasse, Rhein-Neckar-Nord Mannheim, Germany, BLZ 67050505, Konto-Nr. 38152963, BIC/SWIFT – Code: MANSDE66. All bank transfer fees must be paid by the client. 2.2 Payments for the journeys are only allowable once the client is in receipt of a risk coverage certificate (Sicherungsschein), provided by the Operator. This certificate covers the client in the event that the Operator or the Principle are forced into liquidation the clients payments will be refunded by a third party insurer (Hanse & Merkur)
2.3 On entering into the contract and after receipt of invoice and risk coverage certificate (Sicherungsschein), the client is required to make a full payment or at least 20% of the total tour price, within 14 days. If a deposit was made any remaining payment must be settled 28 days prior to the start of the journey. For journeys that are booked 28 days before the start of the tour, the client must settle the payment of the full tour price immediately. Fees for cancellation or changes in booking will also be due immediately.
2.4 Should payment be incomplete or not be received on time, and if, following a reminder from the Operator no payment is made, then the client will have no right or entitlement any of the Operator's services, that is to say that the Operator can cancel the contract and the client will be liable for cancellation fees as specified in Item
3. Cancellation by clients, booking changes and substitute/replacement persons
3.1 The client or any member of the client's party may cancel their booking/s at any time prior to departure providing that the cancellation is communicated to the Operator in writing alongside all travel documents pertaining to the cancelled booking. The cancellation becomes effective only on the date upon which notification of the cancellation is received by the Operator.
3.2 The following shows the minimum charges that will be applied, based on the day upon which written cancellation is received (min €170,-) Release Period: 28 days prior to travel: 15% , 29 - 22 days prior to travel 20%, 21-15 days prior to travel 30%, 14 - 8 days prior to travel 50%, 7 - 1 days prior to travel 65%, on the day of travel 80% of the tour price.
3.3 If a client fails to arrive at the Principal’s school or leaves prior to journey completion, no refund or rebate will be possible.3.4 Subject to availability and on written request by the Client, the Operator will do their best to alter any reservations or bookings up until the starting date of the language journey. However, the Operator reserves the right to cancel the client’s amended reservations or bookings and reissue a new separate booking whereby cancellation fees will be applicable as mentioned in paragraph 3.2.
3.4 The travelling client can request, up to the start of travel that a third party enter the contract and take over his/her rights and duties. The Operator can oppose the entry of the third party, when he/she does not fulfil prerequisites of the language course.
3.5 When a third party enters into the contract, the third party and the original client will be liable as joint debtors for the full tour price and for any additional charges arising from the entry of the said third party into the contract.
4. Cancellation by the Operator or Principal
4.1 The Operator reserves the right at any time to cancel any bookings prior to the commencement of the language journey. If the Operator is forced to cancel the language journey due to unforeseen circumstances or for reasons outside the control of the Principal or the Operator the entire booking amount will be refunded to the client.

4.2 The Principal reserves the right to cancel the contract without warning if participants are deemed as antisocial or disruptive during their time at the school, in accommodation provided by the Principal or during any activities organised by the Principal. If any damages are incurred by the client to property of the Principle or belonging to third parties contracted by the Principle, the cost of these damages must be settled immediately and payable to the Principal.
5. Services and alterations to service by the Operator
5.2 Contractual services are laid out in the description of services in the website or brochure and in the specifications referred to in the language journey confirmation. Details given in the brochure and the website are binding for the Operator. The Operator reserves the right, however, to make changes to details given in the brochure or website before the conclusion of the contract of which the client would be informed.
6. Liability of the Operator
6.1 The Operator is held responsible in the limits of its duty-bound care as an organiser and re-seller of language tours with regard to:
a) Conscientious language journey preparation
b) Careful selection and supervision of service providers.
c) Correct description of services provided by The Principal in catalogues and website.
d) The orderly provision of agreed travel services.
6.2 The Operator gives notice that arrangements for language courses, accommodation, meals, tours, transportation, and/or all related travel services have been made by the Operator only in the function of agent for the individual client. The Operator therefore has no direct contractual liability with the Client in connection with the arrangements provided by The Principal or third parties contracted by the Principal. The Client expressly agrees that the Operator shall not be liable for any delay, mishap, inconvenience, expense, irregularity, bodily injury or death to person, or damage to property occasioned through the negligence or default of any company or individual engaged in providing such services. Providers of public transport (for which the client requires a ticket or any such document to travel), accommodation, refreshments etc. are subject to the laws of the country, state or region in which the service is provided. The client must be informed that such services will be used, and to have expressed no opposition to the usage of such services.
7. Service guarantee, annulment of the contract and compensation
7.1 Should the language journey be carried out in a manner not correspondent to the contract, then the client can demand compensation. Subsequent provision of a service of the same value may also be considered in the way of compensation. The Operator can refuse to compensate, should the amount of energy and cost required to do so be disproportionate.
8. Limitation of liability
8.1 The Operator accepts no liability in respect of death, injury, sickness, loss or damage to person or property arising out of any act, omission or negligence of the Principal or the Principal’s supplier's, which have been named as such in the tour description, save only in the case of wilful negligence or a wilful act or omission, in which case compensation will be limited to three times the actual tour price.
9. Liability of the client
9.2 It is essential that the client immediately makes his/her complaint or problem known to the Principal with any problem or complaint occurred during their time spent in the UK. The Principal will then, if possible provide with or advise the client about compensation. The client cannot claim for a reduction in the way of compensation, if he/she not made the problem or complaint known.
10. Passport, Visas, Health Regulations
10.1 It is the client's responsibility to ensure that they obtain all documentation (e.g. passport, visa) required for the duration of the language journey, and to make themselves aware of any legal requirement or restriction that would hinder or prevent them travelling. The Operator will not be held liable should a client be refused entry into any country for any reason. The client is solely responsible for complying with formalities required by police, customs or health authorities at the point of departure or arrival, at a particular destination, or whilst in transit.
10.2 The client is responsible for obtaining travel insurance, including coverage for tour cancellation, loss and theft of baggage, emergency evacuation, and any other eventuality that may occur before, after or during a tour. The Operator shall in no way be deemed responsible for any costs incurred as a result of the client having no or insufficient insurance cover.
11 Inefficacy of individual regulations
The inefficacy of individual regulations of this contract does not entail the inefficacy of the entire contract.
12. Area of jurisdiction
Any legal activities are to be conducted in the location of the Operator. Please note that the above terms and conditions are a translation of the binding German terms and conditions (Allgemeine Geschäftsbedingungen), and should therefore be used for information purposes only. For the complete text, kindly refer to the German version www.sprachdirekt-london.de/agb.htm