1) Identification of parties
The present Terms & Conditions of the offered services of the URL www.ertheo.com have been subscribed as follows:
By the party Accom Consulting Spain S.L. (hereinafter referred to as `The Company´) with CIF B-92515113 and based in Paseo Reding 23, 1A, 29016 Málaga; phone number: (+34) 951 204 061; and fax number: (+34) 9220.127.116.11. The company is registered by the official Business Register of Malaga (Registro Mercantil) with the following CIF number and registration number: (CIF B92515113, Volume 3501, Book 2413, Page 197) and registered as a travel agency in the Junta de Andalucia with the C.I.AN-296949-2.
And by the party for the “Client” (in the case of a minor to be the parents or legal guardians of the child).
2) Definition and Interpretation of the General Conditions
The following General Terms & Conditions are based on the Spanish legislation, and in concrete, on the 7/1998 law, of April 13th, regarding the General Conditions of Contracts, and the 26/1984 law, of 19th July, regarding the General Defence of Consumers and Users and the remaining legislation of application, obliging the parties, through their acceptance, to meet the terms.
These general conditions can saved and printed by the Client - which we strongly recommend. The Company will not proceed to file registration forms of the Clients, and so it is also recommended that all Clients store a copy of the forms which they have completed and sent to the Company in order to make a reservation for the courses or camps.
Any corrections or modifications of the data by the Client must be sent immediately to the Company by the following email address: [email protected]
3) Camps and Services Offered
The Company offers a range of camps. Many of the camps offered include English classes. These camps have been designed to include various levels of knowledge of the language in question. The various levels cover all the needs of the students from beginner to advanced. Before the start of the course all of the students (except absolute beginners) will sit a written or oral test in order to determine the level at which they must start their course.
The duration and number of the English classes and also the training classes varies depending on the school.
The exact number of hours which is shown on the Company’s website may be reduced due to:
- The completion of the initial level test:
The test usually takes place on the first day of the course (usually a Monday) during school hours, and therefore there will not be lessons taught during this time.
- Transport to the facility where the training sessions take place.
4) School Rules and Regulations
The Company cannot be held responsible for providing supervision of any kind during the stay either at the camps, the host families or in any type of contracted accommodation. The students are expected to be courteous and respectful guests. The usage of illegal drugs, abusive behaviour, or the consumption of alcohol by minors is not tolerated at any moment. The Company reserves the right to refuse, cancel and/or terminate participation to any person who fails to comply with the policies of the programs offered by the school (including the accommodation) and the organiser of the programs, or for any other reason deemed necessary, in the sole discretion of the Company.
5) Included in the Price
In the website of the Company you can find all information regarding what is included in the price for each camp. The Company always tries to keep this information updated, but there may be variations made by the camp itself, for example the excursions and activities included, or the number of students per room. As well as this, some of the training or language classes may be cancelled due to bad weather or public holidays, and at these times the students are not eligible for a refund.
The transfers from the airport or the flights are never included in the prices unless specifically indicated in the program.
6) Arrival and Departure Dates
It is possible for the Client to reserve a pick-up service to/from the airport. It is only possible to reserve this pick-up service from the airports designated by the Company to the accommodation of the program. If the Client has not booked a pick-up service and has not sent the arrival information to the Company, then we cannot guarantee that the operator responsible for the pick-up will be available to greet you upon arrival. It is strictly obligatory that the Client informs the Company regarding the above information at least two (2) weeks in advance of the starting date. Any additional costs (hotels, taxis etc) incurred due to the failure to provide the Company with the information mentioned before with less than two (2) weeks before commencement, are your responsibility and must be paid in full by the Client. In regards to the duration of the accommodation, when accommodation is shown as one week this means that it includes six (6) nights stay, from Sunday to Saturday, unless otherwise indicated.
7) Activities and Excursions
The descriptions of the activities and/or excursions which accompany the language courses are only for guidance, unless specifically detailed in the confirmation invoice. Some activities may not run at all or may be substituted by other activities.
8) Booking and Payment
Once the Client has requested reservation of a course, the company will send written confirmation of the reservation request and to confirm that they are committed to the management of checking the availability of the services requested by the Client. Once availability has been confirmed, the Company will advise the Client, so that the Client may make the first payment (which could be a percentage of the amount, or the total amount, as applicable). Once the payment has been made, the contract between the Company and the Client shall be deemed complete and this must be proven by a written document (bank receipt of the payment etc.). If the first payment, or the final payment (if in confirmation of availability it is expected that the total amount is to be paid at two different times) is not paid by the due date shown on the initial confirmation by the Company, the Company reserves the right to cancel the Client’s booking and to impose the cancellation charges indicated further on in this document.
9) Prices and Surcharges
The Company website specifies all the prices of the services offered and any supplements or surcharges which may be applicable (the prices which appear in any printed brochure, advertisements or any other material are for indication only).
All the prices are subject to change at any moment (the prices for an online reservation may also by subject to change if they are not accompanied by full payment or a deposit). Once a deposit or full payment is made, the prices will not change, even if they have been modified on the Company’s website.
For guidance, the amount of the program for the Client may also increase due to the following surcharges: price changes by the organizer of the program, governmental action or adverse currency fluctuations.
The price for camps outside of the Eurozone and/or for camps paid in other currencies will change continuously owing to the fluctuation between the currencies.
If the Company receives no payment in the three days after sending the Client an offer, the Company reserves the right to modify the prices stated in said offer.
10) Changes by the Company
The Company will do its utmost to maintain plans in accordance with the requirements which have been confirmed, but they reserve the right to modify or cancel any program if unforeseen circumstances arise in the destination chosen by the student.
11) Liability of the Company
While participating in the contracted program, the Client may be exposed to certain risks, such as accidents, natural disasters etc. By making a contract with the Company, the Client acknowledges these risks. Clients participating in any Company program waive any liability against the Company and its employees for any injury, loss, damage, accident, expense or delay caused by or related to the contracted services (including means of transportation or accommodation as well as host families). The Client understands that he/she is travelling under their own responsibility (if a minor, the parents or guardians assume this responsibility) and release the Company and its employees from any liability related to health and safety.
12) Changes by the Client
If the client wishes to change their booking in any way after the confirmation invoice has been issued, they must inform the Company immediately in writing, and the Company will charge 100 Euros per person to cover the additional administrative costs involved, plus any additional charges imposed by the schools or other suppliers. Changes can only be made if the Company has received notice four weeks in advance of the starting date of the course. In the case of a change of date, the new starting and ending date must be before 31st December of the same year. Any changes depend on availability and the conditions of the school or other providers. It is not permitted to make more than one change to your reservation.
13) Cancellation by the Client, Visa Problems and Refunds
Cancelation Insurance: We offer the possibility to book cancelation insurance. For more information please see point 17 in the Terms and Conditions and also the PDF guides about the insurance in the registration form.
If the client wishes to cancel their booking this must be done in writing by the person who made the original reservation, showing a signature for the statement. The date of cancellation will be taken as the date in which the Company receives the letter. In the case of a cancellation on the part of the Client (regardless of the reasons), the deposit (the percentage of the total amount) is non-refundable. The Company will refund:
- 100% of payments received (excluding the deposit) if the cancellation is made more than 6 weeks before the arrival date of the reserved program.
- 50% of the payments received if the cancellation is made between 2 and 6 weeks before the arrival date of the reserved program
- 25% of the payments received if t he cancellation is made less than 2 weeks before the arrival date of the reserved program
After the scheduled arrival date, there is no refund for any courses, accommodation or any other item booked. It is the Client’s responsibility to have a valid passport and all the necessary visas required to enter the country in which the program is taking place. It is the responsibility of the Client to give themselves the time needed to apply for necessary visas according to the process and the destination. Only the consulate or embassy of the country you are visiting can advise you on the necessity of a visa and the time needed to apply for it. Please note there may be an extra fee involved should you require a confirmation letter from the school in order to apply for a visa to participate in a program of the Company. Fees vary depending on the school you will be attending and the Company will inform the Client if the school requires an additional fee. Should an original letter of confirmation from the school be needed, the Client must take into account that a minimum of four (4) weeks is needed for the letter to be sent by post. Any additional costs related to the sending of a confirmation letter will be the responsibility of the Client. Confirmation letters for visa applications will only be sent to the Client once the Company has received the full payment of the contracted package. Where the Client has made a reasonable attempt to obtain a visa for the destination country, within a reasonable timescale, but is unable to obtain the visa, the Company will refund the total amount of the package minus 500 Euros for administration costs, upon receipt of written confirmation from the relevant consulate detailing the visa rejection (only original documents will be accepted). Notification of visa rejection must be made to the Company in writing sent by fax to the following fax number: +34 918.104.22.168 at least six (6) weeks before the start date of the course. In the case that the Company receives the notification less than six (6) weeks before the courses starts, the Client must pay the cancellation fees according to the second and third paragraphs of the relevant point.
14) Early Returns
No refund will be given for interruptions of the course or early returns. If the Client wants to cancel their program due to a personal emergency or other unforeseen reasons, please notify the Company in writing as soon as possible prior to your departure from the program.
The Company honestly believes that all statements made on its website are factual and correct. Every reasonable effort has been made to describe the camps and the environments and to provide the services described. This being said, the Company cannot therefore be held responsible for any changes which may have been made after the information has been published on the website, nor can the Company be held responsible for any happenings outside its control. The Company guarantees to advise the client of any changes known prior to the client’s departure.
16) Special Requirements
The Client must advise the Company in writing at the time of application for registration, of any special requirements. If not advised, the Company reserves the right to cancel the reservation at any moment if the school or other provider can not provide the necessary services. In addition, the Client will be subject to cancellation charges set out in the relevant point of these General Terms & Conditions.
The Client is not covered against accident, illness, loss of personal property or any other risks, unless it is clearly indicated that such insurance is included in the package price. It is strongly recommended to sign up for insurance that covers all these types of risks during the period of the reserved program, which can be organised by the Client individually or through the insurance provided by the Company.
We also recommend to book a cancelation insurance that offers you to recover the money paid for booking the camp in the case that unexpected circumstances take place that prevent your child from attending the camp. For more information see:
The travel insurance and cancellation insurance policies available to take out on our website are offered by an external insurance company (see details below). Any complaints about the insurance policies contracted should be made directly to the insurance company.
Insurance company: HanseMerkur Reiseversicherung, Abtlg. RLK 4/CareMed Claims, Siegfried-Wedells-Platz 1, 20354 Hamburg, Germany. Phone: +49(0)40-4119-2300. E-mail: [email protected]
18) Handling of Personal Data
In compliance with the Organic Law 15/1999 of December 13th, of Protection of Personal Data, the Company would like to inform the Client that customer data is added to the customer database of Accom Consulting S.L., until the end of the contract, in order to process and deliver the services contracted and requested by the Client. Information may be disclosed to accredited institutes with which the Company works to fulfil requested services, pursuant to the purpose directly related to its legitimate functions and the transferee. Furthermore, the Company informs the Client that, with the aim of complete satisfaction of your contractually agreed services (to receive language classes abroad, to receive accommodation in residential halls, host families or apartments etc.), your data will be forwarded to our partner organisations and schools in the destination country, so that the Client receives the requested language courses. Moreover, the Company informs the Client that our partner companies in the various countries are obliged to treat the personal data with the same care and protection as that adopted by Accom Consulting Spain S.L. in Spain. The Company also informs the Client that their data is used to maintain business relations and, if the Client desires, for commercial mail (including electronic media) for services offered by the Company, such as offers and promotions, if the Client agreed to this on the registration form. Regardless of the previously mentioned, Accom Consulting Spain S.L. guarantees the holder of the data access, amendment, cancellation and opposition of the data concerned, as long as this is made by written communication addressed to the following address: C/ San Juan de Letrán 4, 1C, 29017 Málaga. In this way the holder of the data concerned is informed and agrees with the international data transfer under the conditions of security and secrecy for the period of time necessary for the purpose for which they are collected, processed and transferred.
19) Language of the current General Terms & Conditions
The current Terms & Conditions are originally written in Spanish. Despite this fact, the General Terms & Conditions have been translated into the following languages: English. If there are any differences between the original version of the Terms & Conditions and the translations, the provisions shall be valid only in the original version, i.e. in Spanish.
20) Applied Legislation and Legal Rights
In the case of any disagreement regarding the contract, both parties agree to submit to, and waiving their own jurisdiction, the decision of the dispute or case raised by the institutional arbitration of TAM, the Arbitral Tribunal of Málaga, to whom they entrust the administration or arbitration and the appointment of arbitrators. The arbitration shall be conducted according to the procedure laid down in Law 60/2003 of 23rd December of the Arbitration. The arbitration award shall be rendered within ninety days after the acceptance of the issue by the arbitrators, forcing both sides to accept and implement the decision contained therein. In the event that arbitration is not conducted by mutual consent or declared void, both parties must submit themselves to the Courts of Málaga, (Juzagados y Tribunales de Málaga) waiving their own jurisdiction, if different.