Terms of Service
THIS AGREEMENT is made on the day of application and becomes legally binding upon the payment of a booking deposit for a programme.
1) You, the client as detailed in your application (the “Participant”).
2) Travel Teacher Limited whose registered office is 2 Watercress Terrace, Skylark Avenue, Emsworth, PO107GQ, a company registered in the UK under Company No 09847693.
This is an important document. We have attempted to state the terms of this Agreement in a clear and concise manner, but if there is anything the Participant does not understand or wishes to have explained, the Participant should seek independent advice from a lawyer, Citizens Advice Bureau, Law Centre or other appropriate legal advice agency.
Agreement for participation in Travel Teachers Programme:
1.1 In this Agreement:
“Programme” means any expedition, project, course, trip, or other activity anywhere throughout the world, arranged by Travel Teacher from time to time; “Programme Leaders” means the leader(s) on the allocated Programme, to whom the Participant must report and whose rules the Participant must abide by; “Services” means the services, as set out in clause 2 below, to be provided by Travel Teacher to the Participant.
1.2 The headings in this Agreement are for convenience only and should not affect their interpretation.
- The Service Provided
2.1 Travel Teacher shall provide the Service described below to the Participant, on the terms of this Agreement.
- The Service shall consist of: –
2.2.1 organising and setting up a Programme and/or other course(s) as agreed upon between Travel Teacher and the Participant in writing;
2.2.2 arranging full pre-departure briefings through one or more of: welcome days, Travel Teacher field representatives, online at Travel Teacher’s website or on the telephone. A Program handbook shall also be provided to Participants;
2.2.3 arranging suitable accommodation and food (where applicable) during the period of the Participant’s involvement in the Programme. Travel Teacher shall, in most cases, arrange for transfers to and from the airport in the chosen country. However, this cannot be guaranteed, and Participants may in some cases have to make their own arrangements. Details of whether Travel Teacher will provide airport transfers are included are set out in the Programme event pages;
2.2.4 arranging Programme Leaders to lead and manage Programmes where required;
2.2.5 arranging the provision of Programme equipment, training and training materials relevant to the Programme, where applicable;
2.2.6 providing and maintaining a full international support structure and providing a 24-hour emergency phone line; and
2.2.7 providing international travel assistance and advice, which may include passing your details onto our preferred flight provider for a no obligation quote.
2.3 Travel Teacher reserves the right to refuse to offer the Service to anyone for any reason.
- The Participant’s Obligations
3.1. The Participant accepts that he or she will be subjected to various emotional, physical and physiological demands by participating in a Programme. The Participant is aware and accepts that the standard of living in the relevant country, including food, hygiene and accommodation, may be below the general standards of his or her own country.
3.2 The Participant is responsible for his/her own travel arrangements, expenses and insurance during the Programme. The Participant is obliged to secure travel and medical insurance to protect the Participant against losses caused by travel arrangement cancellation, loss or damage of baggage, non-refundable airfare and/or emergency medical expenses. The policy must cover the entire duration of their trip and include volunteer work where applicable. In the event that the Participant is unable to provide documentary evidence of a valid insurance, their booking may be cancelled at the sole discretion of Travel Teacher without any refund.
3.3 The Participant must submit any required documents (including, but not limited to: flight arrival and departure details. insurance information, passport details, next of kin or emergency contact details and medical forms), at least 6 weeks prior to departure. Failure to do so may result in programme cancellation at the sole discretion of Travel Teacher without any refund. A complete list of required programme documents will be provided by Travel Teacher at the time of booking.
3.4 In the event that Travel Teacher advances any monies to or on behalf of the Participant, the Participant shall reimburse such monies to Travel Teacher immediately upon conclusion of the Programme.
3.5 The Participant represents and warrants that all information and records provided to Travel Teacher relating to the Participant, the Participant’s medical history and the Participant’s medical statement are accurate and truthful and provide Travel Teacher with a clear indication of the Participant’s state of health.
3.6 The Participant understands that he/she is under a duty to inform Travel Teacher at the time of the application of any medication requirements, any allergies and any other physical or mental condition or limitation that might disable or render the Participant unable to perform or safely complete the Programme.
3.7 The Participant is the best judge of his/her own condition and limitations, and the Participant acknowledges that it is incumbent on him/her to fully disclose the extent of any conditions or limitations.
3.8 The Participant represents, warrants and affirms that he/she has discussed this Programme, its remote location, potential risks and physical and mental demands with his/her personal physician, and that the Participant is physically and emotionally fit and able to undertake this Programme.
3.9 The Participant agrees to notify Travel Teacher of any physical and medical condition at the time of the application and also of any changes in his/her physical and medical condition occurring after the Participant’s signing of this Agreement. Failure to do so, and/or failure to disclose complete and truthful information could result in the cancellation or expulsion from a programme without reimbursement.
3.10 Travel Teacher reserves the right to require documentation from a doctor or specialist verifying that the Participant is fit and able to undertake this programme and Travel Teacher reserves the right to reject a booking on the grounds of the doctor’s comments.
3.11 Travel Teacher shall not in any event be held liable for any consequence arising out of the Participant’s failure to take advice or medication as prescribed by a medical practitioner both prior to departure and during the Programme.
3.12 Travel Teacher reserves the right to reject applicants who require special medical care following due consideration.
3.13 The Participant acknowledges and agrees that Travel Teacher reserves the right to accept or reject any person as a Participant at any time, or to require a Participant to withdraw from a Programme at any time if it is determined in a Programme Leaders sole discretion that it is the best interest of the Participant’s health and safety, and/or in the best interest of the Programme in general.
3.14 The Participant agrees to take personal responsibility for insuring the Participant’s own personal effects and Travel Teacher cannot be held liable for any loss or damage of personal effects.
3.15 The Participant is responsible for ensuring that he / she has a valid passport, any necessary visa, permits and vaccinations and has obtained and supplied to Travel Teacher all relevant valid documentation for the Programme in terms of travel documents and medical documents.
3.16 Travel Teacher will not be responsible for a country’s decision to refuse entry, exit or the right of passage (national and local laws governing immigration). All Participants must ensure that they contact the relevant Embassy to acquire the relevant visa or tourist permit at least 12 weeks prior to commencing the Programme. Travel Teacher cannot be held responsible for any country’s decision to refuse a work permit, provisional teachers license, visa, visa extension or otherwise. Unless otherwise agreed with Travel Teacher the Participant will not be permitted to start a Programme if the Participant arrives in the host country later than 2 days after the Programme start date. This stands irrespective of whether such late arrival is due to a delay in receiving any relevant visa.
3.17 The Participant shall comply with all relevant laws, regulations and customs of the countries visited during the Programme. In the event of a contravention of these laws, the Programme Leader or Travel Teacher shall have the right to require the Participant to leave the Programme and no liability on the part of Travel Teacher shall arise whatsoever.
3.18 The Participant will at all times respect and follow local laws and culture of the host country and behave in a responsible and courteous manner. Each Participant has a duty of care to each other, to local people, to host country nationals participating in the Programmes and to Travel Teacher. The Participants shall follow the reasonable instructions of the Programme Leaders during the Programme.
3.19 The Participant must respect Travel Teacher’s aims and objectives and not wilfully or recklessly seek to damage relations between Travel Teacher, the Programme and/or the host country. The Participant must not misrepresent Travel Teacher in any way which would seek to undermine or damage relations between Travel Teacher and the host country.
3.20 The Participant shall always respect and follow the health and safety procedures as set out by Travel Teacher, the Programme Leaders and/or the representative in the host country.
3.21 The Participant acknowledges and agrees that Travel Teacher reserves the right to contact their next of kin should staff deem it necessary.
3.22 The Participant acknowledges and agrees that Travel Teacher reserves the right to any photos and videos provided to them or taken by Travel Teacher staff members, during or after the programme, for promotional purposes.
3.23 The Participant acknowledges that the information provided during the application process is complete and correct. Failure to provide complete, accurate and truthful information on the application will be grounds for cancellation without refund.
3.24 The Participant agrees that his/her participation in a Travel Teacher programme is subject to determinations that take into account his/her criminal history. The Participant agrees to honestly disclose his/her criminal history to Travel Teacher as is reasonably requested.
3.25 Where a person is making a booking on behalf of a group of Participants, every Participant on behalf of whom the booking is made is required to explicitly indicate their agreement to the terms of this Agreement to Travel Teacher. Any Participant who does not agree to the terms of this Agreement will not be permitted to take part in a Programme.
4.1 Subject to any special terms agreed in writing, the Participant must pay Travel Teacher’s standard fees as explained in the Programme “Costs and Dates” section as published on Travel Teacher’s websites. Please note that costs shown within any printed material are subject to change and as such all prices on any given day shall be displayed on travel Teacher’s website. The published prices on Travel Teacher’s website are valid at the time that the Programme booking is made only and Participants are advised to check the site regularly for the most recent prices and up to date information. Once a Participant has confirmed their booking and paid the deposit, they shall pay the remaining sum within the time-frame stipulated at the price published as at the time of booking.
4.2 Travel Teacher accepts payments in GBP. Currency exchange rates are set at Travel Teacher’s discretion and do not necessarily reflect current market exchange rates. These exchange rates are subject to review and can be changed without prior notice. In the event that the exchange rate is changed, any existing bookings will be valued at the previous rate.
4.3 You will be given the option to pay your programme fee in instalments. If you select this Instalment option, you will be required to adhere to the following payment schedule below.
- Low deposit fee (£50 Non refundable) - To be paid upon completion of application
- Remainder of registration fee (£200 Non refundable) - To be paid 60 days after application
- 25% of remaining balance - To be paid 150 days prior to programme start date
- 50% of remaining balance - To be paid 120 days prior to programme start date
- 75% of remaining balance - To be paid 90 days prior to programme start date
- Final remaining balance - To be paid 60 days prior to programme start date
4.4 If you do not select the Instalment Fee option, the full cost of your programme is due at the time of booking.
4.5 Any sums paid shall become non-refundable at the payment deadline of their associated invoice. If, for any reason, the Participant does not meet these payment deadlines, then Travel Teacher reserves the right to charge an additional sum, up to £50 or equivalent, or to cancel the Participant’s booking, without any refund.
- Warranties, Liabilities and Assumption of Risk
5.1 Travel Teacher warrants to the Participant that the Services will be provided using reasonable care and skill and, as far as is reasonably possible, in accordance with the description of the Service.
5.2 Any information provided by Travel Teacher, including but not limited to information about visas, vaccinations, healthcare, climate, baggage, group sizes and special equipment is given in good faith for information and educational purposes only but without responsibility on the part of Travel Teacher.
5.3 Except in respect of death or personal injury caused by Travel Teacher’s gross negligence, Travel Teacher’s responsibility for any representation (unless fraudulent), or any other act or omission shall not exceed the amount of Travel Teacher’s charges as set out in Clause 4.1 for the provision of the Service. Any liability by Travel Teacher and/or its employees and/or its agents is limited to the amount that will be paid out by the insurance policies that have been concluded in the name of Travel Teacher. If no compensation is received from the insurance policies, then any and all liability whatsoever, including without limitation, claims grounded in negligence, is hereby limited to a maximum amount of £2,000.00.
5.4 Travel Teacher shall have no responsibility for any activities undertaken by the Participant outside the scope of those directly relating to the Programme. No warranty is given in respect of any activities outside the scope of those relating to the Programme and it is the Participant’s responsibility to ensure that any person or company offering any activities possesses the requisite care and skill. The term “outside of scope” as used in this clause shall mean any and all actions or activities undertaken by the Participant that were not pre-arranged or procured by, its employees or agents.
5.5 The Participant understands that certain risks may arise, including, but not limited to, hazards of travelling in remote areas; travel by automobile, van, bus, aeroplane, boat, train or any other means of conveyance; the forces of nature; civil disturbances; national or international conflicts; terrorism; arbitrary itinerary changes made by foreign governments or vendors; dive related accidents, boat accidents; interacting with dangerous wildlife; personal injury or illness from the local environment; accident or illness in remote locations without immediate evacuation or medical facilities; or negligent acts of third parties. The Participant hereby asserts that he/she knows, understands and appreciates these and other risks inherent in the Programme and asserts that his/her participation is completely voluntary and assumes all risk associated with the Programme.
5.6 The Participant hereby indemnifies and holds Travel Teacher, Programme Leaders and Travel Teacher and its agents and employees harmless against for any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including lawyer’s fees, which may arise in connection with the Participant’s participation in this Programme, any activities arranged by or for the Participant by Travel Teacher, its agents or employees, emergency medical care if considered essential by the most qualified in-situ personnel.
5.7 The Participant further expressly agrees that the foregoing waiver and assumption of risks is intended to be as broad and inclusive as is permitted by applicable law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. The terms of this agreement shall further extend to the Participant’s heirs, personal representatives, successors and assigns.
5.8 The warranty contained in this clause 5 is the sole and exclusive warranty as to the Services provided hereunder, and shall supersede any express or implied warranties, in fact or law, including, without limitation, warranties of merchantability or fitness for a particular purpose and Travel Teacher will not be liable under any circumstances with respect to any subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory for any incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or loss of profits or lost business), even if Travel Teacher has been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this agreement, in no event will Travel Teacher’s cumulative liability to the Participant arising out of or relating to this agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory exceed the total charges, as set out in clause 4.1, actually paid under this agreement.
6.1 If the Participant wishes to make a complaint in relation to the Programme, he/she shall bring the complaint to the attention of the Programme Leader or the representative in the host country, who shall use his/her reasonable efforts to resolve the complaint within a reasonable time.
6.2 If the Programme Leader or the representative in the host country is unable to resolve a serious complaint, and the Participant leaves the Programme before the completion date, the Participant shall provide the Programme Leader or the representative in the host country with a written version of events prior to the Participant’s departure.
6.3 No compensation shall be given to the Participant, unless there are extreme circumstances, which shall be determined at the sole discretion of Travel Teacher. The Participant agrees that under no circumstances shall Travel Teacher be liable for damages or compensation arising from any claim related to the assessment of inconvenience, disappointment, discomfort or loss of enjoyment.
6.4 Should Travel Teacher be unable to resolve a serious complaint, it shall be referred by Travel Teacher to the legally binding arbitration service, Dispute Settlement Services LTD, at the expense of the participant, which will be refunded should Travel Teacher be found in the wrong.
- Physical and Intellectual Property
7.1 All equipment and resources provided by Travel Teacher both prior to and throughout the duration of the Programme (including teaching manuals) remain the property of Travel Teacher and must be returned on completion of the Programme.
7.2 The Participant shall replace any property that is lost or damaged through the Participant’s careless or otherwise negligent behaviour.
7.3 All research, data, reports, photographs and documentation relating to the Programme and Travel Teacher projects provided by Travel Teacher, shall remain the property of Travel Teacher without compensation or further recourse to the Participant. Travel Teacher retains the rights over the use and dissemination of such materials for its commercial and promotional purposes, including, but not limited to, the posting of any photographs containing an image of the Participant while on the Programme on its website, brochures, or other marketing, promotional or informational medium.
- Data Protection
8.1 Travel Teacher may collect and use the Participant’s personal data, which may include (but not be limited to) the Participant’s name, address, telephone number, email address, country of origin, and use of the Services, for the purpose of providing and improving the Services.
8.2 Travel Teacher may be required to disclose the Participant’s personal data to meet legal or regulatory requirements.
8.3 It may be necessary for Travel Teacher to pass data about the Participant to countries outside of the European Economic Area (EEA) from time to time. The Participant hereby agrees that Travel Teacher may disclose his/her personal data, including any sensitive personal data such as relevant medical history, to the Programme Leaders and any other representatives in the host countries.
8.4 From time to time Travel Teacher shares Participant contact information with other Participants and selected partners (such as insurance and flight providers) in order to enhance pre-departure support, allow direct communication between participants on similar programmes and allow prospective Participants to communicate with former Participants. The Participant hereby agrees that Travel Teacher may disclose his/her contact information to other Participants, potential Participants and partners.
8.5 Subject to clause 8.4, Travel Teacher will not distribute any of the Participant’s personal data to third parties, unless this is required to deliver the Services to the Participant; or the Participant gives Travel Teacher specific permission to do so.
8.6 Travel Teacher will not collect, store, process, transmit or otherwise handle the Participant’s personal information for any purpose that is not indicated in this Agreement.
8.7 Travel Teacher will comply with all applicable data protection laws as required from time-to- time.
- Termination and Expulsion
9.1 Travel Teacher reserves the right to:
9.1.1 deny a Participant from participating in a Programme; or
9.1.2 expel a Participant from a Programme where that Participant is in breach of any term of this Agreement.
9.2 Without prejudice to the generality of clause 9.1 above the following (non-exhaustive) list of acts will result in automatic expulsion:
9.2.1 the possession, taking or supplying of illegal or illicit substances. The question of whether the substances are illegal or illicit is to be governed by the jurisdiction of the state where the acts take place;
9.2.2 displaying cruel, thoughtless or rude behaviour or committing acts which could injure or harm another Participant, a Programme Leader, a member of staff, or any other person;
9.2.3 disobeying Travel Teacher’s, the Programme Leader’s or the representative in the host country’s instructions in relation to health and safety;
9.2.4 committing an act or displaying behaviour which could jeopardise future Travel Teacher Programmes within the host country or lead to the souring of relations between Travel Teacher and the host communities or country; and
9.2.5 breaking local laws.
9.3 Expulsion will be carried out by the Programme Leader at Travel Teacher’s own discretion and is not subject to appeal.
9.4 In the event of expulsion for any reason, the Participant will not be entitled to any reimbursement from Travel Teacher, nor will Travel Teacher be responsible for any additional costs incurred by the Participant as a result of expulsion.
- Currency of Agreement and Cancellation
10.1 Transfers to different Programmes, durations or dates will not be permitted following the first balance payment deadline, unless in exceptional circumstances. In the event that Travel Teacher agrees to any changes, any payments that had already been deemed non-refundable, will remain so, regardless of new due dates. All changes, included, but not limited to, changes in durations, location or start dates will be subject to an administration fee between £50 and £150 plus any change in Programme fee or expenditure already incurred in the field to preparing for your arrival.
10.2 Travel Teacher reserves the right to cancel or curtail a Programme if, in its sole discretion, it believes that circumstances warrant it. This shall include cancellation because of Force Majeure (as described below).
10.3 Travel Teacher reserves the right to cancel Programmes that require minimum numbers at their sole discretion. As such we advise Participants on those Programmes do not make travel arrangements until the program is confirmed, not less than 8 weeks before departure.
10.4 In all of the above cases where there is a cancellation, Travel Teacher’s first recourse shall be to place the Participant on an alternative Programme. Travel Teacher shall use reasonable efforts to match any alternative Programme in accordance with the Participant’s preferences.
10.5.1 In the case of cancellation by Travel Teacher before departure, whether within or beyond Travel Teacher’s control, the Participant shall be entitled to their deposit and any monies paid less £250.00 (or equivalent) to cover Travel Teacher’s costs, and less any other irrecoverable expenditure on the part of Travel Teacher which has already been spent. Travel Teacher shall not be held liable for any incidental expenses incurred by Participant as a result of any other arrangements that the Participant may have made; and
10.5.2 In the case of curtailment, the Participant shall be entitled to a reasonable proportion of the total charge from which any irrecoverable expenditure is deducted.
10.6 Where there is a cancellation under this clause 10, Travel Teacher’s first recourse shall be to place the Participant on an alternative Programme. Travel Teacher shall use reasonable efforts to match any alternative Programme in accordance with the Participant’s preferences.
10.7 Where there is a cancellation under this clause 10, Travel Teacher shall give written notice to the other of cancellation, and any refund or alternative placement given to the Participant shall be considered to be in full and final settlement of all and any liability owed by Travel Teacher to the Participant.
- Force Majeure
Notwithstanding any other provision of this Agreement, Travel Teacher shall not be deemed to be in breach of this Agreement or otherwise be liable for any delay in performance or non-performance of any of its obligations under this Agreement to the extent that the delay or non-performance is due to any circumstances beyond its reasonable control, including but not limited to Acts of God, war, acts of terrorism, riot or civil commotion, fire, strike and government or other official intervention.
- Family Volunteering, Groups Containing Under 18s and under 18 individuals
12.1 A legal guardian travelling with a Participant, will be entering into this agreement on the Participant’s behalf by completing their application for a Programme.
12.2 Participants under 18 who are not travelling with a legal guardian, must have this document printed and signed by his/her legal guardian(s), who will be entering into the agreement on the Participant’s behalf. The Participant’s legal guardian(s) will also be required to provide a signed and notarised release form to be submitted to Travel Teacher 8 weeks prior to departure.
13.1 This Agreement constitutes the entire Agreement between the parties and shall apply to all Programmes and/or other courses provided by Travel Teacher and undertaken by the Participant. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions of this Agreement.
13.2 Any notice required or permitted to be given by one party to this Agreement to the other shall be in writing addressed to that other party: in the case of Travel Teacher, its registered office or principal place of business, in the Participant’s case to the Participant’s address as stated their Programme application or by being given to the Participant in person or by delivery to the Participant’s last known place of residence outside the jurisdiction of the UK.
13.3 No waiver by either party of any breach of contract by the other shall be considered as constituting the waiver of any subsequent breach of contract or any other provision of this Agreement.
13.4 A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from the Act. English Law shall apply to this Agreement and the parties agree to submit to the exclusive jurisdiction of the English Courts.