the entity (whether or not incorporated) to which the services of STC are supplied with a view to the Customer entering into a contract with an Operator as contemplated by these terms and conditions
Customer's Representative'
an individual such as (but not limited to) a teacher or other group leader with whom STC deals as the authorised representative of the Customer on the one hand and/or of the Travellers on the other
'Operator
an entity (whether or not incorporated) providing Tours
Parents
any persons having legal care and custody of Travellers and/or carrying parental responsibility for Travellers whether or not biological parents of the Travellers
STC
The Specialist Travel Consultancy Limited (Company No. 5700491) having its registered office at 14 Manston Road, Exeter, EX1 2QA
Tour
a package of travel services provided by an Operator including one or more of the following: flights, accommodation, transport, activities, and guiding.
Traveller
an individual intended in any dealing between STC and a Customer to undertake a Tour with an Operator whether or not such Tour is actually undertaken or a contract for such Tour entered into between the Customer and the Operator
Website
Any and all websites maintained by STC at whatever address or addresses for the purposes of its business as contemplated by these Terms and Conditions including but not restricted to that at www.thestc.co.uk
2. INTERPRETATION AND GENERAL
2.1 In this Agreement unless the context otherwise requires words importing any gender include every gender, words importing the singular include the plural and vice versa, words importing persons include firms, companies, corporations and vice versa and references to numbered clauses are references to the same clauses in this Agreement
2.2 Where any obligation is undertaken by two or more persons jointly they are to be jointly and severally liable in respect of that obligation
2.3 Any obligation on any party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done
2.4 Any party who agrees to do something shall be deemed to fulfil that obligation if that party procures that it is done
2.5 The headings to the paragraphs of these terms and conditions shall not affect the interpretation
3. DISPUTES
If any dispute or difference arises out of or in connection with these terms and conditions the parties shall with the assistance of the Centre for Dispute Resolution seek to resolve the dispute or difference amicably by using an alternative dispute resolution (ADR) procedure acceptable to both parties before pursuing any other remedies available to them but if either party fails or refuses to agree to or participate in the ADR procedure or if in any event the dispute or difference is not resolved to the satisfaction of both parties within 90 days after it has arisen the dispute or difference shall be referred to arbitration under the Arbitration Act 1996 by a sole arbitrator appointed by the President for the time being of the Law Society
4. STC'S SERVICES
4.1 STC will supply advice, information and administrative services on the basis of information supplied by or on behalf of the Customer relating to a Tour proposed by the Customer for Travellers associated with the Customer
4.2 The Customer acknowledges that it has no contract with STC for the supply of the Tour and that STC is not a party to any contract between the Customer and the Operator
4.3 These Terms and Conditions shall apply to every supply of the said services by STC and may only be varied or disapplied in writing signed by a Director of STC
5. STC'S OBLIGATIONS
5.1 STC will use its special experience and knowledge to advise and supply information to the Customer on the selection of a suitable Operator, the Tours available, the places in which such Tours are to take place, and the suitability of tours for the Travellers, and will supply administrative services in connexion with the documentation required by the Operator for the Tour at all stages whether before or after the Customer and the Operator enter into a contract for the supply of a Tour by the Operator
5.2 STC is not responsible to the Customer for any default or breach of contract by an Operator arising out of any failure by a Customer, a Customer's Representative, Parents or Travellers to supply relevant information about Travellers to STC or the Operator
6. THE CUSTOMER'S OBLIGATIONS
6.1 The Customer and the Customer's Representative warrant that they have supplied to STC all information that may be relevant to the advice given by STC pursuant to these terms and conditions on the selection of Tour and Operator
6.2 Any Customer's Representative dealing with STC on behalf of a Customer, Parents or Travellers undertakes that he has full and sufficient authority from them to disclose all relevant information to STC and the deal with STC on their behalf
6.3 The Customer undertakes to STC that (a) all Parents and Travellers have been or will be given copies of these terms and conditions and (b) all customary or required consents by Parents for the participation of Travellers in a Tour have been given or will be given, in both cases before any payment is made by the Customer to the operator
7. THE OPERATOR'S OBLIGATIONS
The parties acknowledge that the contract for the supply of the Tour is made between the Operator and the Customer and that STC is not a party to that contract
8. MONEY AND FINANCIAL PROTECTION
STC does not hold money on behalf of the Customer, the Operator, the Parents or the Travellers and all payments relating to Tours are made to the directly to the Operator or to such body (not being STC) as the Operator shall require. The Customer acknowledges that STC has made no warranty or representation to it that STC is ATOL-bonded. The Customer will make all payments relating to Tours required by the Operators fully and timeously having regard to the subsisting arrangements between the Customer and the Operator
9. COMMUNICATIONS
In order for STC to discharge its obligations and deliver a satisfactory service to the Customer STC must be permitted to act as an intermediary between the Customer and the Operator. Accordingly the Customer undertakes that as far as practicable the Customer and the Customer Representative will communicate (and that it will procure as far as possible that Travellers and Parents will communicate) with the Operator only through STC except as provided in Clause 10 hereof
10. NOTICES
10.1 Notices given to an Operator by a Customer relating to any arrangement between the Customer and the Operator must be given by the Customer to the Operator with a copy to STC and STC has no authority to accept any notice on behalf of an Operator nor can it undertake to forward any notice to an Operator
10.2 Notices pursuant to these terms and conditions or any arrangement between STC and a Customer must be in writing and given to STC at its registered office from time to time as on record at Companies House and delivered either personally or by Royal Mail Special Delivery. STC shall not be required to accept service of such notices by e-mail or fax
11. OPERATOR'S TERMS AND CONDITIONS
These terms and conditions are without prejudice to any terms and conditions of an Operator and to the terms of any agreement entered into between a Customer and an Operator
12. INSURANCE
When STC has advised on insurance relating to Tours (whether such insurance relates to cancellation, death or personal injury to or sickness of a Traveller, medical and repatriation expenses of Travellers, or otherwise), such advice has been given to the best of its ability on the basis of information supplied to STC and STC will not be responsible for any loss caused by failure to effect insurance as recommended or by avoidance of a claim by insurers because of non-disclosure of relevant facts
13. STC'S WEBSITE
Copyright in all material carried on the Website is reserved. The Website is provided for personal and non-commercial use by Customers, Customers' Representatives, Travellers and Parents and by the general public, and material carried on the Website may not be modified, copied, distributed, transmitted, reproduced, published, licensed, performed, used to create derivative works, transferred or sold for any other purpose without the prior written consent of STC
14. INCORPORATION OF THESE TERMS AND CONDITIONS
The Customer and STC acknowledge that these terms and conditions are incorporated into any arrangements made between STC and a Customer and that STC's services are supplied to the Customer in reliance upon such acknowledgement by the Customer
15. GOVERNING LAW AND JURISDICTION
The relationship between STC, the Parents, the Customer and the Travellers shall be governed by and construed in all respects in accordance with English law and the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction in respect of any dispute, suit, action, arbitration or proceedings (‘Proceedings') which may arise out of the supply of such services provided that nothing contained in these terms and conditions shall be taken to have limited the right of a Customer to bring Proceedings in any other jurisdiction or jurisdictions whether concurrently or not and this clause shall apply whatever the location of the tour
