ISCA Limited – Terms and Conditions (“Terms”)
ISCA Scotland Programme – December 2021
These Terms are made only in the English language. If you do not understand any of the contents of these Terms you must obtain independent legal advice.
1.0 These Terms
1.1 What these Terms cover. These Terms apply to the Contract. All capitalised words in these Terms have the meaning given to them in clause 2 Definitions
1.2 Why you should read these Terms. Please read these Terms carefully before you confirm your acceptance of the Booking Confirmation and pay your final balance. In brief these Terms:
a) tell you who we are;
b) how we will fulfil the Booking;
c) how you and we will correspond;
d) how the Contract can be changed or terminated; and
e) what to do if there is a problem, together with other important information.
The following definitions shall apply in these Terms:
Booking: the booking as detailed in the Booking Confirmation for the Trip made by you and accepted by us in accordance with these Terms.
Booking Confirmation: our offer for you to enter into the Contract, requesting your acceptance of the Terms, certain details regarding the Participant and payment of the final balance payment.
Contract: the contract between you and ISCA Limited (henceforth referred to as ISCA) for the Booking comprising the Booking Confirmation, these Terms and the Participant Code of Conduct.
Payment: the final balancing payment for the Booking as specified in the Booking Confirmation payable by you in accordance with these Terms, less any money paid so far.
Price: the total price paid by you to us for the Booking.
Staff: our ISCA team who provide the trip for the participants. All staff are the responsibility of ISCA.
Participant Code of Conduct: the code of conduct rules applying to all Participants.
Participant: the participant for whom the Booking is made.
Terms: these terms and conditions.
Terms & Conditions Summary: the summary of these Terms, headed “Terms & Conditions Summary”, included with the Booking Confirmation.
Trip: the trip to which the Booking relates.
We / Us: any mention of we / us relates to ISCA Limited.
You: You is defined as the parent or legal guardian who is entering into this agreement on behalf of the participant.
3.0 Information about us and how to contact us
3.1 Who we are. We are ISCA Limited a company registered in England and Wales. Our company registration number is 01605416 and our registered office is at C/o George Hay & Company, 83 Cambridge Street, Pimlico, London SW1V 4PS.
3.2 How we will communicate. All correspondence between us must be done directly with ISCA.
3.3 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
4.0 Booking Confirmation and the Contract
4.1 The Booking Confirmation. Once the you have signed these terms and paid the final balance we will send you a Booking Confirmation. The Booking Confirmation is an offer made by us to you to enter into the Contract subject to these Terms.
4.2 Formation of the Contract. The Booking Confirmation will be deemed accepted by you, and therefore the Contract will come into force immediately once all of the following have occurred to our satisfaction:
a) you have confirmed your acceptance of the Terms by clicking the “ACCEPT” button at the end of the Terms & Conditions Summary;
b) you have provided the requested details for the Participant; and
c) we have received the final payment.
4.3 Delays in confirming acceptance. If you fail to fulfil any of the three requirements under clause 2 on or before the deadline specified in the Booking Confirmation, the Booking Confirmation will be deemed to have expired. Issuing a further Booking Confirmation shall be at our absolute discretion.
All Participants must abide with both our Participant Code of Conduct and our Mobile Phone Policy throughout the Trip. You must ensure that both you and the Participant have read the Participant Code of Conduct and the Mobile Phone Policy before the Trip and agree to comply with their terms for the duration of the Trip.
If required the participant must apply for a tourist visa. Failure to do so will mean the Participant will not be able to attend the Trip and no part of the Price shall be refundable to you. We do not accept any responsibility for visa applications. If requested we will assist with the visa application by providing a cover letter confirming the purpose of the Trip and that all expenses for the Trip have been paid for in advance.
We use images of participants and/or adults from previous ISCA trips in order to keep our brochure and other marketing material up to date. If you do not want images of the Participant to appear in our marketing material, please inform the ISCA in writing before the start of the Trip. We will happily remove all such images from our marketing material if requested by you at a later date after the Trip.
8.0 Your rights to make changes to the Booking
If you wish to make a change to the Booking please contact ISCA immediately. We will let you know if the change is possible. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Contract (see clause 11 – Your rights to end the Contract).
9.0 Our rights to make changes to the Booking
9.1 Minor changes to the Booking. We reserve the right to make changes to the Booking:
a) to reflect changes in relevant laws and regulatory requirements;
b) to implement minor technical adjustments and improvements, for example to address a security threat, poor weather or some other reason beyond our control; and
c) to address airline scheduling changes including amending the travel itinerary.
In such instances and where possible we may provide alternatives of a reasonably equal or better standard without notice to you and without alteration of the Price.
9.2 More significant changes to the Booking. In addition, we may need to make more significant changes to the Booking for reasons beyond our control. If we do so ISCA will notify you as soon as is reasonably possible and you may then contact the ISCA to either:
a) end the Contract before the changes take effect and receive a refund for all sums paid for the Booking as at the date of cancellation (subject to clause 12.3); or
b) accept the change (subject to paying any additional charges or receiving a refund in respect of any resulting variation in the Price) in which case the Contract shall be deemed as varied accordingly.
10.0 Providing the Trip
10.1 When we will provide the Trip. The Trip to which the Booking relates will take place on the dates specified in the Booking Confirmation.
10.2 What will happen if you do not give required information to us. We need certain information from you so that we can arrange the Trip, in particular the information detailed in the Booking Confirmation. If you do not provide this information, or if you give us incomplete or incorrect information, we may either end the Contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for not supplying any part of the Booking if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
11.0 Your rights to end the Contract
11.1 You can always end your Contract with us:
a) If you want to end the Contract because of something we have done or have told you we are going to do, see clause 11.2; or
b) In all other cases, see clause 11.3
11.2 Ending the Contract because of something we have done or are going to do. If you are ending the Contract for a reason set out at (a) to (e) below, the Contract will end immediately and we will refund any monies due in line with clause 12.3. The reasons are:
a) we have told you about an upcoming change to the Booking or these Terms which you do not agree to (see clause 2);
b) we have told you about an error in the Price or description of the Trip and you do not wish to proceed;
c) there is a risk that the Trip may be significantly delayed because of events outside our control;
d) we have suspended the Trip for technical reasons, or notify you we are going to suspend the Trip for technical reasons, in each case for a period of more than 7 days; or
e) you have a legal right to end the Contract because of something we have done wrong.
11.3 Ending the Contract where we are not at fault. Even if we are not at fault you can still end the Contract before the Trip begins but you may have to pay us compensation and cover the cost for any payments we have already made on your behalf for the Trip, such as flight costs. If you want to end the Contract in such an instance, you must contact the ISCA in writing immediately to advise them of this. Subject to our agreement the Contract will end immediately and we will refund the Price already paid subject to reasonable compensation for the net costs we will incur as a result of your ending the Contract as set out in clause 12.3.
12.0 How to end the Contract with us (including if you have changed your mind)
12.1 Tell us you want to end the Contract. To end the Contract with us, please let us know as soon as possible by contacting ISCA in writing. We will review the reason given for cancellation and advise you whether your application to cancel has been accepted or not.
12.2 How we will refund you. By accepting these conditions, you are accepting that the final payment is non-refundable unless the trip is forced to cancel. Our trip will be deemed as forced to cancel if any of the following criteria are met:
- Travel from your home country to the UK is banned during the dates of the trip.
- The UK goes into a national lockdown during the dates of the trip.
- Scotland (separate from the rest of the UK) goes into lockdown or bans incoming travel during the dates of the trip.
- Hotels in Scotland are forced to close due to the coronavirus pandemic.
- The UK removes the exemption for fully vaccinated travellers to avoid mandatory quarantine on arrival into the UK.
- Airlines stop flying between your home country and the UK during the dates of the trip.
12.3 Deductions from the Price on refunds. In the event of the Contract being cancelled pursuant to clause 11.2 or clause 11.3 or clause 13.1 after full payment of the Price has been made, no refund shall be made unless clause 12.2 is activated.
For the avoidance of any doubt, if clause 12.2 is activated you will receive a full refund of all monies paid less the initial $500 deposit.
12.4 When your refund will be made. We will make any refunds due to you within 14 days of your telling us you wish to cancel the Contract.
13.0 Our rights to end the Contract
13.1 We may end the Contract if you break it. We may end the Contract at any time by writing to you if:
a) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due; or
b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Booking, in particular the information requested in the Booking Confirmation.
13.2 You must compensate us if we end the Contract pursuant to clause 13.1. If we end the Contract in the situations set out in clause 13.1 after full payment of the Price has been made, the refund amount will be determined pursuant to clause 12.3. For the avoidance of any doubt, since the Deposit is non-refundable, no refund of the Price will be payable if only the Deposit has been paid.
14.0 If there is a problem with the Booking or the Trip
14.1 How to tell us about problems. If you have any questions or complaints about the Booking or the Trip, please contact ISCA.
14.2 Summary of your legal rights. We are under a legal duty to supply the Booking and the Trip in conformity with this Contract. Nothing in these Terms will affect your legal rights.
15.0 Deposit, Price and payment
15.1 The non-refundable Deposit and second payment. The Price includes the non-refundable Depositof $500, which is used to secure your place. The second payment of $1,250 is used on receipt by us to secure the Participant’s flights and accommodation for the Trip and to cover general administration costs.
15.2 Where to find the Price for the Booking. The Price will be the Price indicated on the Booking Confirmation. We take all reasonable care to ensure that the Price advised to you is correct. However please see clause 3 for what happens if we discover an error in the Price.
15.3 What happens if we got the Price wrong. It is always possible that, despite our best efforts, the Price stated on the Booking Confirmation may be incorrect. We will normally check the Price before submitting the Booking Confirmation. However, if we accept and process your Booking Confirmation where a Price error has occurred, we may end the Contract and refund to you all sums you have already paid.
15.4 When and how you must pay. We accept payment with credit card, debit card or American Express. You must pay the final balance on accepting the terms by 30 September 2021.
15.5 Surcharges on payments made. A surcharge of 1.75% of the sum paid will be added to all credit card payments and a surcharge of 2.9% of the sum paid will be added to all American Express payments.
15.6 We may charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount. You must pay us interest together with any overdue amount.
16.0 Liability for loss or damage
16.1 ISCA are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if this was explained to you during the sales process. Our total liability to you under this clause 12.1 shall be limited to the Price.
16.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, subcontractors or suppliers, or for fraud or fraudulent misrepresentatio
16.3 By entering into this contract, you accept ISCA’s COVID Outbreak management policy as set out in clause 20. You shall indemnify us and keep us indemnified from and against any and all direct and indirect loss, damage, costs, claims, demands or liability relating to a COVID or similar outbreak in accordance with clause 20 of the contract.
16.4 You shall indemnify us. You shall indemnify us and keep us indemnified from and against any and all direct and indirect loss, damage, costs, claims, demands or liability arising out of any injury or other loss to us or our employees, agents or our contracted third parties resulting from your or the Participant’s negligence or breach of the Contract or the Participant Code of Conduct unless we are liable for the same under these Terms.
16.5 ISCA indemnifies the participant’s school against any action (both legal and financial) taken by you relating to this trip. This trip is organised by ISCA. This trip is independent of the participant’s school, their school do not sponsor or recommend this trip and their school bears no responsibility for the provision, operation or any resulting losses or damages from this trip. Clause 16.1 and 16.2 specifically concern the participant, you and ISCA. You enter into this agreement in the knowledge that this trip is run independently by ISCA and not sponsored or supported by the participant’s school.
17.0 Travel insurance
We strongly recommend that you arrange your own insurance for the Trip. It is your responsibility to ensure that the insurance policy you arrange provides the appropriate coverage for the duration of the Trip. If you require any advice on this matter please consult with an insurance specialist. As a guide this should cover:
- Any medical costs relating to COVID-19.
- Not being able to travel on the trip due to a positive test before travel (COVID Interruption Insurance).
- Hotel costs for extra stay in Edinburgh if a participant tests positive and has to quarantine for 10 days.
- Airline rebooking costs for changed flight.
18.0 Personal possessions
We accept no liability for loss or damage to your or the Participant’s personal possessions. You and the Participant must take all appropriate measures for the protection and security of all personal possessions.
19.0 Use of your personal information
20.0 COVID Outbreak Plan
By accepting this contract, you are confirming your acceptance of ISCA’s COVID Outbreak Plan as set out below:
20.1 What if my participant tests positive before flying to the UK?
If the trip is still going ahead then there is no guarantee that we could recover all funds for the trip. We would of course make best efforts to do so but this is where it would be crucial to have your own trip insurance as, if this happens, your COVID interruption cover would cover any costs.
20.2 What if I change my mind and we no longer want to travel?
If you change your mind but travel is still possible, then you will not receive a refund as we will not be able to recover funds. However, if the trip is not possible (subject to clause 12.2) then you will receive a refund as detailed in clause 12.3.
20.3 What happens if a participant tests positive during the trip?
In order to provide a full answer to this question we will consider what this means for the participant and what this means for the rest of the group.
a) For the participant: If a participant has symptoms of COVID-19 we will immediately carry out a fast test with our LFTs. If this is positive we will arrange for a confirmatory PCR test, with results available within 24 hours. During this time the participant will isolate in their room. If they are sharing a room, a single room will be made available for the other participant. Upon receiving a positive test, the current UK quarantine rules for those who test positive will be adhered to. As things stand, that is 10 days quarantine from the start of symptoms. During this time our two ISCA COVID Officers (one male, one female) will be able to interact with the participant whilst wearing a mask. Meals will be served in their room and entertainment options provided. Due to all participants being vaccinated, we would expect the participant to have mild symptoms. However, ISCA will have a Doctor on call 24/7 to offer advice and, if necessary, further medical care. ISCA’s two COVID Officers will be available 24/7 to the participant for the 10-day quarantine period and then arrange for travel home. The costs of this extra hotel stay for our staff will be met by ISCA but family’s insurance should cover the participant cost.
b) For the rest of the group: We will all have been close contacts if a participant tests positive. However, as of 16 August 2021 we do not have to automatically isolate. Instead, we will carry out daily LFTs for all participants.
20.4 What happens if a staff member tests positive during the trip?
The staff member will have to quarantine for 10 days in the hotel. We will all have been close contacts if a participant tests positive. However, as of 16 August we do not have to automatically isolate. Instead, we will carry out daily LFTs for all participants. ISCA has a very strong staff-to-participant ratio and so the trip can continue without any loss of supervision or care for our participants. If the staff member was due to accompany the group home, ISCA’s insurance will allow another staff member to accompany the group back to their home country or, if border restrictions are in place, will ensure that the group is supervised by the airline.
20.5 What if the rules change when we are in Scotland?
If the rules change (for example around travel quarantine) when we are in Scotland we will address the issue as it arises. It is important to stress that we cannot predict every scenario but we will respond to events accordingly by taking decisions with parental/legal guardian input and having clear channels of communication. All travel changes are usually announced one week before they come into place. This will allow us to return the participants to their home country before the new rules come into effect.
21.0 Other important terms
21.1 Our obligations or rights under the Contract may be performed by us or through our employees, agents, subcontractors or affiliates.
21.2 Nobody else has any rights under this Contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
21.3 If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but shall not affect the validity and enforceability of the rest of these Terms.
21.4 If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
21.5 Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Booking, we can still require you to make the payment at a later date.
21.6 Which laws apply to this Contract and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of the Booking in the English courts.
ISCA Limited 22/09/2021
By clicking on the “ACCEPT” button below you confirm that:
- you have read our Terms (being our full terms and conditions) which you agree to be bound by;
- you wish to proceed with the Booking; and
- you understand that the final payment is non-refundable unless clause 12 is activated.
If you do not agree to the Terms, click on the “REJECT” button below.