1 Introduction
1.1 Terms and conditions: These terms and conditions together with the completed Application / Booking Form are the basis of a legally binding contract between the Parent and the Company for the provision of the holiday educational services.
2 Terminology
2.1 Application / Booking Form: means the application / booking form for Parents to use when booking a Course for the Student.
2.2 The Company or We or Us: means Pippa’s Guardians Limited as now or in the future constituted (and any successor). The Company is constituted as a limited liability company.
2.3 The Course: means the holiday course set out in the Application / Booking Form.
2.4 The Course Fees: means the fees for the Course as set out in the fees and services document
2.5 The Course Leader: means the Leader of the Course appointed by the Company.
2.6 The Deposit: means the deposit payable by the Parents when booking the Course.
2.7 The Parent or You: means the parent or legal guardian of the Student and who has submitted the completed application / booking form.
2.8 The Student: means the person named on the Application / Booking form for whom a place on a Course has been confirmed by the Company.
3 Application / Booking a Place on a Course
3.1 Application / Booking: The Parent may book a place on the Course for the Student by completing the Application / Booking Form and submitting this to the Company together with the Deposit. Except where clauses 3.3, 4.4 or 4.7 apply the Deposit is non-refundable.
3.2 Consideration of application / booking: An application / booking will only be considered by the Company if the Application / Booking Form is fully completed and the Deposit paid.
3.3 Availability: Places on the Course are subject to availability. If a place is not available the Deposit will be refunded to the Parent.
3.4 Equality: The Company welcomes students from many different ethnic groups and backgrounds. We will do all that is reasonable to ensure that the Company’s culture, policies and procedures are made accessible to students who have disabilities and to comply with Our legal and moral responsibilities under equality legislation in order to accommodate the needs of applicants and students who have disabilities for which, after reasonable adjustments, We can cater adequately. The Company’s policies can be accessed on its website www.pippasguardians.co.uk.
4 Fees and Cancellation
4.1 Payment of the Course Fees: Our acceptance of Your application / booking will take place when We email You to accept it, at which point a contract will come into existence between You and Us. Following confirmation of booking the Company shall issue an invoice to the Parents specifying the amount of Course Fees and the date before which they are to be paid.
4.2 Pocket money: The Parent shall provide the Student with pocket money in the applicable amounts suggested in 4.1.10 or 4.2.10 above for used while participating on the Course.
4.3 Refund or waiver: Fees will not be refunded or waived:
4.5.1 if the Student does not complete the Course; or
4.5.2 if the Course duration is shortened; or
4.5.3 save as set out above, for any reason other than exceptionally and at the sole discretion of the Course Leader.
4.4 Immigration: It shall be the Parents’ responsibility to ensure that the Student has at all relevant times the appropriate immigration permission to enter the United Kingdom and to study on the Course. If the Student is not given the appropriate immigration permission any Deposit and /or Course Fees paid will be refunded providing that:
4.6.1 documentary evidence of the refusal by the UK Visas and Immigration (UKVI) is sent to the Company; and
4.6.2 the reason for the refusal is not because of any failure to comply with the UKVI visa application requirements.
4.5 Non-payment of Course Fees: The Company may refuse to permit the Student to participate in the Course if the Course Fees are not paid when due.
4.6 Cancellation rights: You can always end Your contract with Us. Your rights when You end the contract will depend on when You decide to end the contract.
4.7 Cooling-off period: If the contract with You is formed entirely at a distance by means of post, fax or electronic communication without a face to face meeting with a member of the Company staff at the Company’s premises, you may cancel this agreement within 14 days of confirmation of Your booking.
To meet the cancellation deadline You must send Your communication concerning Your exercise of the right to cancel before the cancellation period has expired.
We will make any reimbursement due using the same means of payment as You used for payment to Us, unless We expressly agree otherwise. You will not incur any fees as a result of the reimbursement.
4.8 Right to cancel at any time: You have the right to cancel the contract without giving any reason at any time outside of the cooling-off period described above in clause 4.7, but there will be no refund of the Deposit or Course Fees paid and the Parent shall be liable to pay the balance of any unpaid Course Fees immediately as reasonable compensation for the losses We will incur.
4.9 Cancellation notice: To exercise Your right to cancel, You must inform Us at the Company address of Your decision to cancel this contract by a clear statement (e.g. a letter sent by post or fax, or an email).
4.10 Termination by the Company: The Company may terminate this agreement immediately (with no obligation to refund the Deposit or Course Fees paid) if:
4.10.1 the Student has committed a serious breach of discipline or behaviour or otherwise acted in a manner that is likely to cause injury to another, damage to property or damage to the reputation of the Company, or is otherwise likely to disrupt the provision of educational services to other students;
4.10.2 the Parents have provided untrue, misleading or incomplete information to the Company; or
4.10.3 the Student does not have the appropriate immigration permission to stay in the United Kingdom and to study on the Course,
in which case the Parent shall remain liable to pay the balance of any unpaid Course Fees.
5 Education and welfare
5.1 Provision of education: The Company will exercise reasonable care and skill in providing educational services for the Student but cannot guarantee that s/he will achieve his / her desired results.
5.2 Organisation of the Course: We reserve the right to organise the Course and its delivery in a way which, in the professional judgement of the Head, is most appropriate to the Course as a whole. We will endeavour to inform You of any material changes and the reasons for them as soon as practicable.
5.3 Complaints: Any question, concern or complaint about the pastoral care or safety of the Student or any educational issue or other matter connected to the Company must be notified to the Course Leader as soon as practicable.
5.4 Medical care: If the Student is unwell, the Parent must comply with the Company Medical Officer’s recommendations which may include a reasonable decision to send the Student home if he / she is unwell and unable to continue on the Course. Any such decision will not entitle Parents to a refund of Course Fees already paid, or discharge them from the obligation to pay any unpaid Course Fees..
5.5 Confidentiality: The Parent authorises the Course Leader to override his / her rights and (so far as they are entitled to do so) the Student’s rights to confidentiality, and to impart confidential information on a “need to know” basis where necessary to safeguard the Student’s welfare or to avert a perceived risk of serious harm to the Student or to another person attending the Course or to inform members of staff about the Student’s particular needs.
5.6 Student’s personal property: The Student is responsible for the security and safe use of all his / her personal property including money, mobile phones or devices, watches, computers, and for property lent to them by the Company.
5.7 Insurance: The Company maintains those insurances as required by law together with travel and medical insurances the cost of which are included in the Course Fees. The Parent is responsible for any other insurance including insurance of the Student’s personal property whilst attending the Course or on the way to and from the Course location or any activity away from the Course location organised by the Company.
5.8 Liability: Unless caused by Our negligence or the negligence of Our employees, agents or subcontractors, the Company excludes all liability for death or personal injury. To the fullest extent permitted at law, the Company also excludes liability for any other loss or damage howsoever caused that is not foreseeable.
6 Student behaviour
6.1 Behaviour and conduct: The Parent accepts that the Student will be subject to the Company’s rules and regulation and policies on behaviour and conduct while attending the Course or associated with the Company.
6.2 Sanctions: The Parent accepts that the Course Leader may impose an appropriate sanction on the Student following breach of the rules for behaviour or conduct which for more serious breaches may include requiring the Student to leave the Course. Any such sanction will not entitle Parents to a refund of Course Fees already paid, or discharge them from the obligation to pay any unpaid Course Fees.
6.3 Indemnity: You agree to indemnify the Company against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the Company arising out of or in connection with any claim made against the Company by a third party for death, personal injury or damage to property to the extent that the claim is attributable to the acts or omissions of the Student.
7 General contractual matters
7.1 Data Protection: We use the information collected about You and the Student to provide the Course and to fulfil Our statutory duties. Our privacy notice, which contains further information about how We use personal data can be found here: https://www.pippasguardians.co.uk/uk-guardianship/our-policies/pippas-guardians-data-protection-and-privacy-policy/. Please read this carefully. If the Student is aged 12 or over then You must ensure that s/he has read this as well
We may take photographs of the Student from time to time for use in marketing materials and case studies. By entering into this Agreement you consent to our taking and using photographs of the Student for these purposes. If you do not wish us to take or use photographs of the Student, please specify this to us in writing when you return the signed copy of this Agreement.
7.2 Consumer rights: Care has been taken to use plain language in these terms and conditions and to explain its provisions. If any words alone or in combination infringe the consumer rights laws or any other provision of law, they shall be treated as severable and shall be replaced with words which give as near the original meaning as may be fair.
7.3 Information for Parents: We provide parents of students and prospective students with information about the Company, the Course and the educational services We provide in good faith. This information may be contained in the Course brochure, website or other promotional literature or in statements made by staff, but such information does not form part of this agreement. You acknowledge that are not entitled to rely on, and have not relied on, such information I when deciding whether to enter into this agreement unless You have sought and received specific confirmation from the Course Leader that the information is accurate before submitting a completed application / booking form.
7.4 Third party rights: Only the Company and the Parent are parties to this agreement. The Student or any third party is not a party to it. No person other than a party to this agreement shall have any rights to enforce any term of this agreement.
7.5 Interpretation: These terms and conditions supersede those previously in force and will be construed as a whole. Headings, unless required to make sense of the immediate context, are for ease of reading only and are not otherwise part of the terms and conditions.
7.6 Jurisdiction: This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation is governed by and construed in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.