Cactus Language Terms & Conditions
Definitions and Interpretations in these Conditions
The 'Company' shall mean Cactus, or Cactus Language, or Cactus TEFL, or Cactus Language Training, or Cactus Worldwide Limited. 'The client' shall mean the person in whose name the booking is made and shall include the person or persons on whose behalf the same is made. 'Force Majeure' shall mean any event outside the Company's control which prevents the prompt performance of its obligations, including war and civil strife, etc. These terms and conditions apply to courses available on www.cactuslanguage.com.
Where accommodation is shown for one week, this means 6 nights from Sunday to Saturday, unless otherwise indicated. Please note the check in and check out times of the accommodation you have booked. If you spend less than 6 nights in your accommodation in any particular week, you will not receive any discount. For arrival or departure dates (not on Saturdays or Sundays), please inform us of your requirements and a supplement may be payable. Please check the rules and regulations specific to the school and accommodation that you have booked.
Where the number of course lessons is shown, this corresponds to the particular school's practice. One lesson may last from 40 minutes to 60 minutes. The number of minutes per lesson is usually shown on the website. The exact number of hours shown in the brochure may be reduced due to the initial level test which usually takes place on the first Monday of the course. Procedures vary from school to school. Sometimes no classes are missed, often the first 2 lessons are missed, and occasionally the whole of the first Monday is missed. Progress testing may also occur during the course, in class hours, often on Fridays every 2 or 4 weeks. The company does not accept any liability for lessons missed due to these reasons and no refunds will be given where lessons are missed due to testing. In the rare event that you are the only student of your level, and you are enrolled on a group course, the school may offer you individual tuition up to the value you have paid for group classes, rather than put you in a class at the wrong level. Please note that the class times listed on our website may be subject to change if group classes are changed to individual lessons at reduced hours, or if a lot of people are enrolled at the school and another class must open. Group classes may also take place in the afternoon in high season.
Materials and Transfers
Course materials, examination fees, airport transfers, and the cost of activities and excursions are not included except where specifically stated. The company will not refund any monies to a client who applies for a course requiring a specific level and is then found to be unable to join the course after the initial level test. In this case, the client will be offered a suitable alternative by the school and any difference in price (if the alternative course is less expensive) will be refunded by the company. In cases where there are insufficient numbers to run a group class, a reduced number of individual classes may be offered or the course may be offered at another school of similar standard.
Activities and Excursions
Descriptions of activities and excursions which accompany the language courses are for guidance only, unless specifically noted in the confirmation invoice. Some activities may not run or may be substituted by other activities. In low season, there may be no activities organised at all.
If teaching does not take place on bank holidays and if the classes are not made up by our partner schools, the missed hours are not reimbursed. Please consult the accompanying list of public holidays. It is the client's responsibility to check the bank holidays in their destination location these since they are often subject to change.
Booking and Payment
No contract is made between the company and the client and no booking is valid until the company has issued a confirmation e-mail. An e-mail acknowledging receipt of an order does not constitute a confirmation. The company will issue a confirmation after it has received a completed online booking form, a £250 course deposit and availability of the course has been confirmed by the school. The due date of full payment is 4 weeks prior to departure date. If the full balance of the order is not paid by the due date the company reserves the right to cancel the client's booking and to impose the cancellation charges, stated below.
Prices and Surcharges
The charges which make up the total holiday price plus any applicable supplements and surcharges will be as stated on our website. Prices in any printed brochure supplements, advertisements or other materials are for indication only. Prices are valid for courses and services until further notice but are subject to change at any time. Prices for an online order may also be 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 are changed on the website. If your company requires a VAT invoice, this should be indicated at the time of booking.
For guidance, your holiday price may increase because of surcharges on the following items: governmental action, increases in scheduled airfares, and adverse currency fluctuations. Even in this case the company will absorb an amount equivalent of up to 2% of the holiday price (excluding insurance premiums and amendment charges). The company will absorb any charges arising after receipt of the final balance. Should there be a favourable currency fluctuation, the company reserves the right to leave prices unaltered.
Alterations by the Company
The company will do its utmost to provide the arrangements that have been confirmed, but it must reserve the right to modify or cancel any holiday, flight schedule, carrier or aircraft type, accommodation or itinerary if unforeseen circumstances arise. If the company cancels or significantly alters an essential element of the client's holiday for reasons of force majeure, on or before the date when the payment of the balance becomes due, the company shall inform the client as soon as possible and shall offer them the choice of an alternative holiday of at least comparable standard if available. If the company is unable to offer an alternative of similar price, the company will offer the nearest available alternative and will refund the difference paid by the client. If force majeure occurs while the holiday is in progress, the company will try to make reasonable alternative arrangements. The airline and types of aircraft which are likely to be used for the holidays are subject to change and the company is obliged by the CAA to state that it cannot give the client any certain information about the airline or the type of aircraft on which the client will travel. Clients should also be aware that where airlines hold codesharing agreements, the flight may actually be provided by an operator other than that which issued the ticket.
Liability of the Company
The company accepts responsibility for ensuring that all parts of the holiday are supplied as described and that all services shall reach reasonable standard. However the company shall not be liable for the failure or improper performance of these services where such failure or improper performance is attributable to a) decision made by the client, b) the unforeseeable or unavoidable actions of a third party, c) unusual and unforeseeable circumstances beyond the company's suppliers control, including force majeure or delay, overbooking or cancellation by an airline, bus, train, car hire or ferry company. The obligations and responsibilities of the company shall also be limited where international conventions in respect of air or sea carriers apply. The company strongly recommends that clients pay an additional fee for Special Delivery of their flight, rail or coach tickets. If tickets are lost when regular post is used, there may be a charge for re-issue and in some cases no re-issue will be possible and the flights will be forfeited. The company cannot be held responsible for tickets after they are posted.
Alterations 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 reserves the right to charge £75 per person per change to cover the additional administration involved, plus any additional charges imposed by schools, airlines or other suppliers. All airline tickets and other travel products (train, coach, bus tickets) issued are non-flexible (except where the company explicitly specifies otherwise) which means that any changes including date, time, destination, and name on a ticket will normally be treated by any airline as a cancellation and re-booking, and 100% cancellation charges may apply.
Cancellation by the Client and Visa Problems
If the client wishes to cancel their booking this must be done in writing by the person who completed the booking. The date of cancellation will be taken as the date that the company receives the e-mail. We reserve the right to apply the following cancellation charges:
- 28 days or more before departure = deposit only
- 8-27 days before departure = 50% (if greater than deposit)
- 1-7 days before departure = 100%
Where a client has made a reasonable attempt to obtain a visa within a reasonable timescale but is unable to obtain the visa, all money will be returned minus the £250 deposit on receipt of written confirmation from the relevant consulate detailing the visa rejection. In cases where an original invitation letter has been sent out by post, this will need to be returned. Notification of visa rejection must be made to the company in writing at least 2 weeks before the start date to ensure a full refund of fees paid surplus to the deposit. In the case of cancellation or visa problems, the client will also be subject to the following charges, depending on the method used to provide the refund: £30 for a bank transfer, £10.00 for an international cheque, £5 for a UK cheque or a refund to a UK debit card, or 2.5% of the total to a credit card. It is the client's responsibility to claim any insurance payments in the event of cancellation, as the company cannot claim on behalf of the client.
The company honestly believes that all statements made in its brochure or website are factual and correct. Every reasonable effort has been made to describe the schools and environs and to provide the amenities described. The company cannot therefore be held responsible for any changes that become known after the brochure was produced, nor can the company accept liabilities for happenings outside its reasonable control. The company undertakes to advise the client of any material changes known to it prior to the client's departure.
Any special requests must be advised to the company in writing. This includes but is not limited to: dietary requirements, allergies, room sharing, and learning needs. Rules and regulations for junior courses are extensive and adhere to the child protection laws of the country and/or EU. Parents should familiarise themselves with these regulations and send any questions or requests a minimum of two weeks in advance of the start of the course.
Clients are responsible for taking out adequate insurance for their holiday. The company reserves the right to refuse to accept bookings from clients who are not adequately insured against holiday risks. Clients maybe asked to provide evidence of adequate insurance at the time of booking.
General information is included in the brochure and website for help and guidance to the client. Please read it carefully. The contract incorporating these conditions shall be governed by English law and any matters arising out of it shall be subject to the jurisdiction of the Courts of England and Wales.