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School travel tour companies not refunding full payment for canceled trips

Amy Davis , Investigative Reporter

HOUSTON – The COVID-19 pandemic didn’t just disrupt family vacations and trips. Many students had plans to travel abroad or out of state with classmates and teachers. Students won’t get those experiences back. And now parents are learning they may not get all of their money back either.

Thousands paid

Shalonda Middleton paid $2,726 for her son Jacob, who is an eighth-grader, to attend a six-day trip to Washington D.C. and New York City through EF Explore America . The coronavirus pandemic brought most domestic and international travel to a screeching halt, including Jacob’s trip.

When she and other parents from Humble ISD’s Westlake Middle School reached out to the tour company about getting a refund for the trip, they said they were told they would not get all their money back because the company had already begun paying vendors.

“You made these travel arrangements, but the travel arrangements are not successful,” said Middleton. “I need to see the spreadsheet that shows what you did for the amount of money that you feel that you should be keeping.”

According to the parents, at first, the company wanted to keep $750 but later brought that number down to $350.

Rules are constantly changing

Travel industry expert Sandra McLemore says for the first time ever, travel industry companies are in unchartered waters. The rules are constantly changing.

“There are two words that we need to pay careful attention to,” she said. “One is ‘cancel,’ and the other is ‘change.’ So what you really are gonna struggle with is the fact that the tour operator may not have canceled the trip, they may have changed the trip. Meaning if they haven’t canceled, they may not owe you a refund.”

McLemore suggested parents call back again and continue to request a full refund. Be sure to document who you spoke to, and when.

“If you don’t get the outcome that you want, I’m going to suggest that you wait until closer to the travel date,” McLemore said. “Waiting closer to the travel date might actually force the travel supplier to actually cancel, in which case you might be easier off getting a refund.”

If those don’t work, she suggests having an attorney look over the terms and conditions of your contract.

EF Tours’ response

When Channel 2 reached out to EF Tours, a company representative sent us an email that said customers have three options:

• They can use the full value of the purchased tour for future travel.
• They can transfer the full value to another person who might want to take the trip in the future, or
• They can ask for a refund (minus $250-$350) EF Tours says they are returning every dollar not spent on planning their tours.

EF Explore America statement

"The health and safety of our travelers and staff have been our top priority for more than 55 years. We understand that the global pandemic has created uncertainty for every American household and, in fact, every household around the world. Our singular focus during this time has been to provide our customers with the very best and most flexible rebooking and refund options to protect their full investment in our tours.

Since the announcement of the travel ban on March 11, we have offered every customer the chance to move their tour to another date, thereby protecting every dollar of their investment. The vast majority of our 2020 tour groups have opted to accept flexible travel vouchers, allowing them to rebook their educational tours at no penalty or added cost. Vouchers include the value of all tour-related costs (including those that are typically non-refundable), they are transferable within a family or school community, applicable toward a variety of EF travel products, and good through September 30, 2022. At any time prior to that date, customers may exchange their voucher for the below-referenced cash refund.

For customers who prefer a cash refund, we are returning every dollar not spent on planning their tours. Our staff invest thousands of hours every year planning and iterating the details of every tour to ensure they are the best, safest, and most meaningful experiences for the students and educators who travel with us. As the situation has evolved, we have also continued to negotiate with our suppliers to find meaningful solutions and, whenever possible, to pass these savings on to our customers. For trips departing on or after May 15 we are refunding everything less $250 to $350 per person depending on mode of transportation, which helps to partially cover non-refundable payments to suppliers and staff.

We understand that the public health and economic impacts of this crisis are severe, and we are doing everything we can to support the families and individuals who were planning to travel with us. We are also being responsible about business resilience in order to continue serving the vast majority of travelers who are excited to explore the world in the future.

You can find more information on our travel vouchers here and FAQs regarding our response to the pandemic here. "

Copyright 2020 by KPRC Click2Houston - All rights reserved.

About the Author

Passionate consumer advocate, mom of 3, addicted to coffee, hairspray and pastries.

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Booking conditions

Please ensure that you read the following booking conditions carefully, as they form the contract between the group and The School Tour Company.

Your booking is made with The School Tour Company (the Company) at the address of 4th/5th Floor, 121/122 Capel Street, Dublin 1, D01 V3P0, Ireland .

You are authorising The School Tour Company to act as your agent and we will arrange for you to enter into a contract with the provider (travel provider) of the travel related service, including among others, airlines, hotels, insurance companies, coach hire companies, transfer companies and various destination management companies.

You are bound by the travel provider’s terms and conditions of booking. We are acting as your agent in arranging your booking and the travel provider is the principal or the agent to the principal. A contract will only exist when we have received the required first deposit amount per student and have acknowledged receipt of this, sent you your confirmation letter and booking form. This form needs to be signed by the group leader and returned to us as soon as you receive it. On signing the booking form the group leader is accepting the following conditions on behalf of all members of the group. Once we receive the signed booking form, all aspects of your booking are formalised.

The group leader will be our point of contact, unless we are advised otherwise. The terms of the contract are to be interpreted under and are subject to the laws of the Republic of Ireland.

2. Deposits/Payment

The full deposit amount is generally €300 per student. It can be divided into two instalments of €200 and €100, or paid in one instalment. If you are dividing the payment then the first instalment of €200 is due in order to confirm your tour, followed by the second instalment of €100 one month later. Full payment is required 12 weeks prior to departure date. The passport name and date of birth for all passengers that are travelling will be required at the time of booking. Higher or lower deposits may be required depending on the destination and overall cost of the tour and the cost of the airline seats. You will be advised of deposit amounts in your quotation.

Deposits are non-refundable (unless the cancellation is covered by insurance). Deposits can be paid in cash, by cheque, bank transfer or by using the online payment portal. You will be provided with a booking reference number should you wish to pay online. All cheques are to be made payable to ‘The School Tour Company’.

Full payment is required 10 weeks prior to departure date. The group leader will receive all invoices applicable to the tour and final payment date will be clearly indicated. If we do not receive full payment by this date then we reserve the right to charge applicable cancellation charges as outlined in condition 6. We will not be in a position to pay final balances to our suppliers if we have not received your final payment and thi s could put certain aspects of your tour in jeopardy .

3. Passenger names

If paying by cheque/ETB/bank transfer then it is the Group Leaders responsibility to ensure that all passenger names provided to us at the time of booking are as per passport and they must be in typed format, via email, fax or post. If any changes are to be made once airline seats have been purchased then name change fees will apply, see condition 7(a). For groups paying online then it is the responsibility of the person who enters the students information at the time of booking to ensure that the passenger name and date of birth are correct.

4. Insurance Cover

Insurance cover is included for every passenger, unless you have indicated otherwise. Insurance cover commences from the moment we receive your deposits. If our travel insurance is not taken then we need confirmation in writing that another travel insurance scheme will be covering the tour arrangements.

5. Price changes

All tour prices are based on the current exchange rates that apply at time of booking. The Company reserves the right to pass on any increase due to currency fluctuations with exchange rates once the increase exceeds 2%. You will be notified before your final payment is due. In addition, the Company reserves the right to pass on any increases due to the introduction of any new tax or levy enforced by the Government in the Republic of Ireland or abroad or an increase in an existing tax or levy, or any increase in fuel surcharges which are outside of our control. The Company reserve the right to surcharge for any increases mentioned above at any time up until final balance due date (12 weeks prior to departure).

6. Cancellations

The group leader must advise the Company by email, fax or letter as soon as they receive a cancellation.

Cancellation of a booking is effective only once it has been received in writing to the Company from the group leader and any cancellation charges will be calculated from this date. Deposits are non-refundable but can be transferred to a replacement passenger, where an applicable name change fee may apply.

Our cancellation charges are as follows:

• 29 – 56 days prior to departure – 80% of the tour price.
• 28 or less prior to departure – 100% of the tour price.

Many reasons for cancellation (other than disinclination to travel) are covered by our insurance cover, please check our insurance booklet. If the reason is insurable, a cancellation invoice will be sent to the insurance company and full money will be refunded minus the premium and excess charge. Please note that cancellations could increase your tour price if it affects the student/teacher ratio.

If for any reason your tour is not viable, as per section 7 of our booking conditions, or the reason is not covered by our insurance policy and we are unable to offer a comparable alternative, then each person will receive a full refund minus €100.00 fee (which is in line with the insurance policy excess).

7. Alterations to your tour

(a) By the Group Leader

Should the group leader wish to make any changes to their tour then the Company must be notified as soon as possible. Changes can only be made once they have been confirmed by the group leader to the Company in writing. We will endeavour to make the changes, if they are practical, at a minimal cost; however this is dependent on costs imposed by our suppliers at the time of change. Please be aware that if there are any changes requested to be made to airline dates/routes or names then substantial costs may be incurred by the airlines. Name change fees are strictly enforced by all airlines and these can vary depending on the airline. The passenger that is cancelling from the tour is obliged to pay this fee for their replacement or if it is in error then the passenger/group leader is obliged to pay same. Name changes must be confirmed in writing. If the group leader wishes to add extra passengers to the group then the Company will try their best to facilitate you. Please note that surcharges may apply due to increased airfares etc.

(b) By the Company

While the Company’s aim is to satisfy your requirements and expectations from the time of booking, occasionally we have to make alterations to your tour due to changing circumstances and we reserve the right to do so at any time. If any changes have to be made to your tour the Company will advise you as soon as possible and endeavour to ensure that the same standards are met and a satisfactory alternative is provided. In the unlikely event of the group leader not being satisfied with alternative arrangements that the Company have been obliged to make, then a full refund of all monies will be given, except if the changes are due to circumstances outlined in condition 8 or condition

(c) Changes by airlines

Any change in departure or arrival airport and flight schedule will not entitle you to cancel or change other arrangements. Refund and booking conditions for that particular airline will prevail. Please note that a change of airport, airline or flight time of less than 4 hours is not deemed as a significant change.

8. Events beyond the Company’s control

We regret that we cannot accept liability or pay any compensation where unforeseeable events, outside the Company’s control, prevent contractual obligations being carried out. War, threats of war, natural or nuclear disaster, volcano eruptions, ‘force majeure’, closure of airports/ ports, terrorism, political unrest, industrial disputes, adverse weather conditions, technical faults or accidents involving transport, fires and ‘acts of God’ are all classed as events outside of the Company’s control. If any of these unlikely events occur we may have to cancel or rearrange your tour. We cannot guarantee any refunds will be made unless we are able to obtain refunds from our suppliers.

8.1. Visa Requirements

All Visa requirements are the responsibility of the passenger and they should make contact with the Embassy of the country they are travelling to in plenty of time before travel.   This also applies to the ESTA application for travel to the USA. The Company will accept no responsibility if you are refused boarding at any airport due to the fact that you do not have the correct Visa and documentation in place to travel.

8.2. COVID-19 Travel Requirements

It is the responsibility of the passenger to ensure that they have the correct documentation, have taken any relevant tests and have completed applicable forms before travel. Covid entry requirements for each country are different and ever changing. The Company will accept no responsibility if you are refused boarding at any airport due to the fact that you have not followed the correct procedures.

9. Special Requests

Special requests (e.g. dietary requirements) must be made in writing and shall be communicated by the Company to the relevant supplier. The Company shall use reasonable endeavours to fulfil such requests. No liability shall attach to the Company for failure to comply with a special request and such requests do not form part of this contract.

10. Complaints/Difficulties while on tour

Should the group leader have any complaints before or while on tour you are asked to contact the Company using the contact details you have been provided with.

If any difficulties are experienced while travelling or when abroad then the emergency numbers must be used to inform the Company of these difficulties in order to rectify the situation as soon as possible. If the group leader is unhappy with a particular aspect of your tour we ask you to contact the supplier on the emergency numbers you may have for them in your travel documents e.g. coach company, hotel agent. If problems are not discussed with them at the time suppliers are reluctant to help with the complaint when the group are back in Ireland, as they would not have had the opportunity to resolve the problem at the time. If the difficulty you have encountered cannot be rectified then contact the Company’s emergency number/office number in order for us to liaise with suppliers involved.

If the matter is not resolved or cannot be resolved while you are on tour then it must be sent to us in writing no later than 28 days from returning from your tour, as the Company will not accept liability for any complaints received outside this period. In the unlikely event that an agreed settlement for a dispute or complaint cannot be reached then we refer you to the special Arbitrations Scheme detailed in condition 11.

11. Arbitration

Any dispute or difference of any kind whatsoever which arises or occurs between any of the parties hereto in relation to anything or matter arising under, out of or in connection with the contract and/or the booking connected to this contract shall be referred to arbitration under the Arbitration Rules of the Charted Institute of Arbitrators – Irish Branch. Full details of this scheme are available on request. Neither the Company or the group leader has the right of Appeal except the High Court on a point of Law.

Alternatively, claims for less than the jurisdiction of the District Court Small Claims Procedure per booking form may be pursued through the District Court Small Claims Procedure. All claims in excess of the jurisdiction of the District Court Small Claims Procedure shall be referred to arbitration.

12. Liability

Every effort will be made to ensure the smooth running of your tour and that all arrangements are made accurately.

We accept full responsibility if any of the services provided to you are not handled correctly by our employees and for any element of the tour arrangements which are under our direct control.

We will only accept responsibility for any personal illness, injury or death which results from the negligence of our employees, or any of our suppliers providing services on our behalf. We cannot be held responsible for the loss of enjoyment and/or additional expenses, which are caused by events beyond the Company’s control (condition 8) and could result in travel arrangements being changed.

13. Data Protection

The Company is committed to protecting your personal information. Any contact details supplied will only be used for administration purposes by the Company. On occasion we will have to provide personal information to our suppliers and agents in order to enhance the tour service. Please note that airlines are required by new laws introduced in the United States and other countries to give border control agencies access to passenger data. Accordingly any information the Company has regarding any passengers travel arrangements may be disclosed to the customs and immigration. Please see our GDPR section on the website for further i nformation.

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Useful Information

Free Place Ratio

Our standard free place ratio is 1 free leader with every 8 paying passengers and 1 free with 10 for ski tours. However, you can choose to bring more or less leaders on the tour and the price will increase/decrease accordingly. Supplements for extra leaders may apply depending on the destinations.

Change in Numbers

Please advise us as soon as possible if you have extra passengers, before confirming with them, so we can check availability with the airline and hotel, if necessary. If any passengers cancel from the tour then please be aware that this may affect your tour price and free place ratio due to the shared costs involved.

Cancellation Charges

Deposits are non-refundable but can be transferred to a replacement passenger on the same tour. However, the applicable name change fee will be charged if airline seats have been purchased.

Our cancellation charges are as follows:

Further information on cancellations is included in our booking conditions on Page 18.

Our insurance is included for each passenger up to the age of 69, unless otherwise advised by you. Premiums will apply for those aged over 70 and for some pre-existing medical conditions so please check with our insurance company. A full copy of the policy terms and conditions will be sent to you on confirmation of your tour. If you wish to see the policy in advance then we would be happy to forward it to you.

Passenger Lists/Name Changes

In all cases we will require a passenger list of passport names for all passengers travelling. Please ensure names are correct as once they are submitted to the airline, name change fees will apply. In the event that you must change one passenger name to another then the airline will charge a substantial name change fee for this, regardless of how small the change and they show no

leniency at all. Name changes vary for each airline so we will advise the cost at time of change. We must receive all name changes in writing.

API (Advanced Passenger Information)

It is a compulsory requirement for any passengers intending to travel to Spain and the USA to provide some Advanced Passenger Information which includes date of birth, gender, passport number, expiry date, issue place and nationality. This information is generally required either at the time of ticketing or at the time of online check-in.

ESTA (Electronic System for Travel Authorisation)

Since January 2009 it has been compulsory for all Irish citizens to obtain approval through the Visa

Waiver Programme (VWP) enforced by the U.S Department of Homeland Security. All eligible passengers should apply for authorisation and pay the applicable fee by visiting http://esta.cbp.dhs.gov/ . (at a cost of no more than $21). This programme enables citizens from 36 countries to travel to the United States for 90 days or less without obtaining a visa. For a list of the 36 countries please visit http://travel.state.gov. Please note that all passengers must have biometric (machine readable) passports to gain entry into the USA.

Passports & Visas

Most European destinations just require passports to be valid for the duration of your stay; however some do require 3 or 6 month validity from the return date. Please ensure that you check well in advance of travel. All Visa requirements are the responsibility of the passenger and they should make contact with the Embassy of the country they are travelling to in plenty of time before travel.

We will send the passenger documentation supporting the visa application, if required. It is up to the individual to ensure that they comply with all requirements that are needed for them to enter the country and return to the Republic of Ireland or the UK.

Online Check-in & Assigned Seating

Compulsory online check-in applies for all Ryanair and Easyjet flights in advance of travel. Please note that for administration purposes we will require the following details from each passenger one month before travel: d.o.b , nationality, passport number, expiry date and place of issue. It is extremely important that all passport information is correct as once tickets are issued then high change fees apply, or in some cases you may have to purchase a new airline seat. There is a charge for checking in at the airport if the passport information is not given in advance. Boarding cards for Ryanair flights can only be printed 48 hours in advance of travel. It is possible to pay additional fees for assigned seating in order to have boarding cards issued sooner. Please check with us for current advanced checkin g /assigned seating fees as Ryanair operate a tiered pricing structure so they vary greatly depending on availability and destination.

Prepaid Tickets

Once we have prepaid for theatre, football tickets etc. they are non-refundable and will be charged in addition to lost deposits in the case of cancellations.

Personal Property

We will not take responsibility for any property belonging to any group member that is lost or misplaced while on tour, due to negligence.

Contingency Fund

We would suggest that the group leader carries an adequate contingency fund while on tour in case of any unforeseen events.

Supervision

It is the responsibility of the group leaders to ensure that their students behave in the correct manner at all times . Students should be respectful to guides, coach drivers and hotel staff. If damage is caused to any property, such as hotel rooms or the coach, at any time then they will be held responsible for their actions. Any damage caused by any member of the group will be charged accordingly to the group. No students under 18 may consume alcohol and smoking on coaches and in hotel rooms is strictly prohibited. Some hotels will ask for a deposit on arrival which will be returned on departure if all is in order.

Emergencies

In case of any emergency while on tour you will be provided with an emergency telephone number in your travel pack in order to contact our staff.

EHIC (European Health Insurance Card)

The EHIC allows passengers to access health care while in EU countries, if necessary. All information can be found on

www.ehic.ie .

Travel Documents

We will prepare your travel documents between 5-14 days prior to departure. This pack will contain

tickets, reservation numbers, vouchers, finalised itinerary, baggage labels and any relevant emergency telephone numbers. We would ask you to check your travel documents carefully as soon as you receive them and advise us if you have any queries.

Unfortunately from time to time, strikes, weather or force majeure that is beyond our control can affect travel arrangements. We will advise group leaders as soon as we are aware of any reasons that could affect travel plans and try our best not to inconvenience you too much. For outbound travel if you are delayed in any way that we may not be aware of then please let us know so we can contact the coach company and hotel to advise them of your delay.

Risk Assessment

Please contact us for more information on how we can assist you with your Risk Assessment. We deal with each trip on an individual basis.

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