TERMS & CONDITIONS
This page (together with the documents referred to on it) tells you the terms and conditions (Terms) on which we provide accommodation services via access to and use of our website hosted at http://www.workersfamily.co.uk/ (our site) to individuals seeking our assistance (Clients, you, yours) in the arrangement of workers packages, which involves the provision of long stay accommodation and assistance with finding seasonal work abroad (Services).
Please read these Terms carefully before using Services or other material available from our site. You should understand that by using any of our Services, you agree to be bound by these Terms, to the exclusion of any other terms and conditions.
You should print a copy of these Terms for future reference.
INFORMATION ABOUT US
Workers Family is an accommodation service. We facilitate, develop, create and promote opportunities for people to find seasonal work abroad and provide long-stay holiday accommodation.
Workers Family is an accommodation service. We facilitate, develop, create and promote opportunities for people to find seasonal work abroad and provide long-stay holiday accommodation.
Workers Family is based in Manchester, United Kingdom. We are operated by Workers Family Group Ltd t/a Workers Family, a company registered in England under company number 10899716 . Our trading address is 164 Walkden Road, Manchester, M28 7DP, United Kingdom. The address you should use for normal correspondence with us is:
The website hosted at http://www.workersfamily.co.uk/ (Site) is operated by the owners of Workers Family.
By using our site and the Services, you warrant that:
You are legally capable of entering into binding contracts (i.e. you’re in a position to legally sign and agree to this contract and that you’re 18 years of age or older on your arrival date in resort and are not suffering from a mental disability); and
You will use our site only for the purpose of using and accessing Services.
ARRANGEMENT OF WORKING HOLIDAYS
Provide long-stay seasonal accommodation for you as specified when you make your booking and subject to these terms and conditions;
Assist you to find seasonal work.
In return for our provision of the Services, you will pay to us the Fees, which are made up of a non-refundable deposit, which you will pay to us when you make your booking, and the Balance, which is due no later than 6 weeks prior to the start of your working Holiday. If booking within 6 weeks of your arrival date then payment in full is required at time of booking. We may also require you to pay a Breakages Deposit, which will be refunded to you on or shortly after your holiday ends, subject to these Terms.
Where applicable, all fees quoted on our Site include value added tax or any replacement or equivalent sales-related tax.
You may cancel your booking at any time prior to the start of your Holiday, subject to the terms of our Cancellation Policy.
You may occupy the property (Property) that we provide for your working holiday and you may make use of the furnishings, kitchen equipment, crockery, glasses, bedding and towels (Contents).
The Property will be available for you from 4:00pm on the day on which you are due to arrive (Arrival Date). On the day you are due to depart (Departure Date), you must vacate the Property by 11:00am. This means that you must remove all your luggage and items of your personal property. If you fail to do so, we may, at our discretion, charge you for an extra day’s accommodation. If your return flight (or other onward travel plans) is much later in the day, we may be able to arrange storage of your luggage but we cannot promise this as facilities vary from resort to resort. Stored luggage is left with us at your risk and you should make sure that any luggage that you leave with us is covered by your insurance just in case of loss or damage.
The Breakages Deposit will be held by us to be applied against the reasonable repair or replacement and cleaning of furnishings, kitchen equipment, crockery, glasses, bedding and towels damaged or soiled, otherwise than by usual wear and tear, during the your stay. The balance of the Breakages Deposit will be returned to you within 21 days of the Departure Date.
We will issue you with one set of keys to the Property on the Arrival Date and you must return them to us no later than 11:00am on the Departure Date. If you lose a key, we will replace it subject to your paying the reasonable cost of having a replacement cut.
Rooms are based on 3-4 people sharing although some resorts have larger apartments that can accommodate more people.
Unless indicated to the contrary on our Site or during the booking process, you will not have to pay gas, water and electricity consumed on or supplied to the Property during your stay. However, where gas, water and electricity usage is not included, this will be charged as recorded by the gas, water and electricity meters during your stay and you will be billed for this on a monthly basis.
Any belongings left in the Property after the Departure Date will be disposed of.
We confirm that the furniture and furnishings comply with the local fire safety regulations (if any).
We confirm that the electrical appliances and equipment provided are safe and will not cause danger and that, within the European Union, all electrical appliances and equipment manufactured after 19 January 1997 are marked with the appropriate CE symbol.
We confirm that, where required by local law, a gas safety certificate is available for your inspection.
The purpose of the package we arrange is to allow you to earn a living abroad. However, whether you secure employment (or even seek employment at all) is down to you. We will give you an opportunity to meet other people living or staying in or around the resort and through which you might find out about job openings. Our Reps will also make introductions for you to local employers with whom we are connected. Our Reps will also give you whatever advice they can on working practices and culture and they will warn you of issues of which we believe you should be aware.
You warrant that you are the holder of a valid passport. Your passport should be valid for the proposed duration of your stay; and valid for at least 3 months (6 months for Thailand) after the day you plan to leave the resort (check the ‘expiry date’) . You acknowledge that should you fail to adhere to these requirements, you may be refused access to your destination country or any countries through which you must travel to reach your destination.
If you are an EU national and the package you have booked is to take place within the EU, you will not have to concern yourself with work permits and such like, but in every other circumstance, you will need to check the position. If you are NOT an EU national, just because you have the right to reside and study or work in the UK does not necessarily mean you will have similar rights in other EU states. This may mean that you require a work permit or some form of restricted visa rather than a tourist visa. Workers Family will not be liable for any shortcoming in your official arrangements. Whilst Workers Family assist you in finding employment opportunities it is the decision of the employer as to whether they sponsor you for a work permit.
PROVISION OF THE SERVICES
You make an offer to us to engage us in the provision of the Services when you:
accept these Terms on our site; upload all details required for the provision by us of the Services;
make payment in accordance with these Terms.
A contract in relation to the provision of the Services will be formed between you and us on the basis of these Terms when we email you with acceptance of your offer to engage us in the provision of the Services. Certain ancillary services arranged by us on your behalf may be supplied by third parties and will be subject to the terms and conditions applied by those third party providers.
We are not registered with the Financial Services Authority (FSA), so we are not in a position to provide financial advice or to sell financial products. However, we strongly recommend that you arrange a suitable insurance policy before you depart for your placement, which as a minimum should provide cover for your baggage, medical attention and expenses and, if necessary, repatriation. For some visas, it is a requirement to show proof of health and travel insurance. Policies recommended by us on our site are those that we have found to provide suitable cover in our experience. However, you are responsible for choosing your insurance policy and you must check the terms of the cover provided.
The Contract will relate only to those Services for which payment has been made or which you are making on an ongoing basis. If you wish us to provide similar Services in future, these will be the subject of further contracts between you and us.
Each Contract shall last for the period during which the relevant fees are paid by you, subject to the rights of termination in clause 8 and as otherwise set out in these Terms.
We may at any time, without notifying you, make any changes to the Services that are necessary to comply with any applicable safety or other statutory requirements whether in the UK or in the jurisdiction where your holiday is to take place, or which do not materially affect the nature and quality of the Services.
Any photo/video material taken whilst using our services becomes material that can be used by us for marketing, and we have the full copyright permissions for.
FEES AND PAYMENT
The fees for our Services will be as stated on the Site from time to time, except in cases of obvious error.
Fees are liable to change at any time and are inclusive of Value Added Tax where applicable.
Payment of all Fees in relation to the use of the Services must be made via one of the methods described on the Site (these may change from time to time) at the time your Booking is made or otherwise as stated on the Site. The deposit fee cannot be refunded in the event that you wish to cancel or vary your booking.
TERMINATION AND VARIATION
This Agreement may be terminated before the end of the holiday by us giving you notice in the event that you breach these Terms or because of fire or some other catastrophic event at the Property or because of some other reason that leaves us with no realistic option other than cancelling (or terminating) your holiday.
Without prejudice to any other right or remedy available to us, we may terminate a Contract or, notwithstanding any previous agreement or arrangement to the contrary, suspend any further Services without liability to you if you:
make any voluntary arrangement with your creditors; or
being an individual or firm, become bankrupt; or
being a company, become subject to an administration order (whether out of court or otherwise), go into liquidation (otherwise than for the purposes of solvent amalgamation or reconstruction) or an encumbrance takes possession of, or a receiver or administrator is appointed over, any of your property or assets or you cease to trade.
You agree that we shall have no liability to you for any loss you may incur as a result of us taking any action as is set out in this clause 8. Upon termination of a Contract, you may find your access to our Site is restricted.
We will not make any variations to your accommodation arrangements on or after your Departure Date unless it is necessary to do so for reasons beyond our control, in which case we will use reasonable endeavours to make suitable alternative arrangements for you. Should it become necessary to change the accommodation arrangements for your holiday we will arrange accommodation of equivalent quality in a nearby location.
We may be able to vary accommodation arrangements prior to your Departure Date, subject to payment by you of our Variation Fee and any difference in rent (if applicable).
Save where expressly provided to the contrary in these Terms, our liability for losses you suffer as a result of us breaking the terms of any Contract is strictly limited to the Fees paid by you in relation to the specific Services you purchased in relation to that Contract.
Save where expressly provided to the contrary in these Terms, we shall not be liable to you by reason of:
any misrepresentation (unless fraudulent);
the breach of any implied warranty, condition or other term;
the breach of any duty at common law;
the breach of these Terms; and/or
the breach of any Contract
for any loss of profit, reputation, opportunity, goodwill, business or anticipated savings or any indirect, special or consequential loss, damages, costs, expenses or other claims (whether caused by the negligence of us, our servants or agents or otherwise) which arise out of or in connection with the provision, late provision of or failure to provide the Services and/or their use by you.
You acknowledge that we are not responsible for your health and safety during your stay. When you engage in activities during your holiday such as, without limitation, driving vehicles or participating in sports of any description, you do so at your own risk.
Workers Family are not responsible for any incidents in the resort including fighting, arguing and any injuries sustained from this. Nor are we responsible for any third party suppliers we use and their actions.
You acknowledge that as long as any advice and suggestions we make regarding job opportunities, working practices and culture are given in good faith, we will not be liable for any loss or damage that you suffer as a result of following that advice or those suggestions. We will not be liable for incorrect advice given or advice that you feel should have been given but which was not. You accept that it is up to you to verify for yourself the advice we give or suggestions we make and to make your own informed decisions based upon your research.
The limitation of our liability in this clause 9 does not include or limit in any way our liability:
for death or personal injury caused by our negligence;
for fraud or fraudulent misrepresentation; or
for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
You will indemnify us in full and on demand against any loss, liability, claim, demand, damages, costs and expenses (including legal and other professional expenses on an indemnity basis) arising out of or in connection with:
your use of the Services;
any breach by you of the Contract, of these Terms or of any applicable law; and/or
any infringement by you of the rights of any third party for which we are made liable or in respect of which we are required to take action (such as hiring lawyers).
You acknowledge that it is your responsibility to receive all necessary vaccinations and inoculations, to make any other medical or health-related preparations required or recommended in order for you to undertake the placement, and to ensure that you are fit and in a suitable physical condition to undertake the placement.
From time to time, the UK Foreign and Commonwealth Office issues travel advice concerning travel to certain countries, particularly in respect of dangers posed to travellers. You acknowledge that it is your responsibility to check this advice and, should you choose to travel notwithstanding any warnings given, you do so at your own risk.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you at our discretion by SMS text message, email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Upon booking we pay the hotelier in full for your accommodation so you are then liable for the full cost of your rent. This can be paid in monthly instalments, as 2 half balances or paid in full at the time of booking.
If you wish to cancel or withdraw from the holiday this needs to be done by email to firstname.lastname@example.org. See the cancellation section for charges. If you do not pay the required amount by the second payment date, or you have not paid in full by the final balance date, and have not informed us of a cancellation, you will be subject to an automatic late payment fee of £25 per person. If the payment fails, or there is no agreed date, we will attempt to withdraw the money from your selected payment method within 14 days of the payment date.
If you booked via the membership area you will be put onto an automated payment plan to cover the cost of your accommodation. Your rent will be deducted in monthly instalments. Full rent must be paid 8 weeks before your departure to resort. The payments towards your accommodation will be taken each month on or around the day of the month you booked, eg 15th of month.
Initial payment – £100 payable at time of booking
Followed by monthly automated payments of £100 per month and 1 final payment to clear the balance of the rent. Full cost of rent is detailed in your payment plan.
Bookings made within 8 weeks of departure must be paid in full at time of booking.
Please check the details on any documentation that you receive from us and please contact us immediately in the event of any errors or discrepancies. If you wish to change your arrival date there is a £30 admin fee plus any difference in the rent price. This will be added to the remaining balance of your booking.
We operate a no refund policy. There is no refund on membership or rent and a £59 cancellation fee will be charged.
If you raise a dispute through your bank to attempt a refund then your account will be passed to a debt collection agency to recover the entire cost of the package and an administration fee will of £90 will also be added to the debt.
You may be able to claim back the cost of the package from your travel insurance provider. Check your travel insurance policy to see if you’re entitled to claim.
If you wish to cancel your package then it must be done in writing and emailed to email@example.com. We cannot accept verbal cancellation or via social media.
TRANSFER OF RIGHTS AND OBLIGATIONS
Each Contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action;
Default of third party suppliers or subcontractors;
Where you have requested delivery of Deliverables by text message, the failure of a text message provider to deliver a text message (other than a failure due to non-payment by us of the text message fee);
Public or private telecommunications network failure;
Email delivery system failure;
The acts, decrees, legislation, regulations or restrictions of any government.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in a manner provided for under these Terms.
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
The following documents are part of these Terms:
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.
OUR RIGHT TO VARY THESE TERMS
We have the right to revise and amend these Terms from time to time.
Where we are required to make changes to our policies, terms and conditions or other documents by law, you will be subject to those changes even if they are made after you have made your booking. Apart from that, your booking is made subject to the policies and terms and conditions in force at the time that your order for Services from us is accepted by us.
THIRD PARTY RIGHTS
A person who is not a party to a Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of that Contract, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
If you have a complaint or an issue whilst you are in resort please report it to your rep so that you can allow us the opportunity to resolve it and you can continue to enjoy your time in resort. We cannot help if we are unaware of an issue and you don’t inform us until you have returned home.
Complaints must be emailed to firstname.lastname@example.org within 28 days of your departure from the accommodation. Please provide us with as much information as possible.
We will acknowledge receipt of your complaint within 5 working days and we will send you a full reply within 20 working days of receipt. This will allow us to fully investigate your complaint.
LAW AND JURISDICTION
All Contracts made under these Terms are governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.