Our Terms and Conditions for Study Courses
These Terms and Conditions shall apply to all Courses booked with us, Antler Languages Ltd, of The Old Town Hall, Market Place, Oundle, Northamptonshire, PE8 4BA, hereinafter known as “the Company”. These terms are legally binding so please take time to read them carefully.
By making a booking with us, the Client warrants that (a) they are legally capable of entering into binding contracts; and (b) they are at least 18 years old.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, the following expressions have the following meanings unless otherwise stated:
“the Agreement” means the agreement entered into by us and the Client, incorporating these Terms and Conditions, which shall govern the booking;
“Client” means you, either the Student booking the Course on your own behalf, or the parent, guardian or carer booking a Course on behalf of a Student;
“Confirmation” means the notification made by the Company that the Course booking has been accepted;
“Course” means the Study Programme or Tuition the subject of the Agreement;
“Services” means the services to be provided by the Company;
“Student” means the individual attending the Course, either booked on their own behalf or by a parent, guardian or carer. Where the latter occurs, any act or omission of the Student shall be an act or omission of the Client and vice versa;
“Study Programme” means any English Course booked by the Client;
“Total Fee” means the total sums payable for the Course;
“Tuition” means any language class Course booked by the Client.
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “writing”, and “written” includes faxes and emails;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
1.2.4 a Schedule is a schedule to these Terms and Conditions;
1.2.5 a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule; and
1.2.6 a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon their interpretation.
1.4 Words imparting the singular number shall include the plural and vice versa.
1.5 References to any gender shall include the other gender.
1.6 References to persons shall include corporations.
2. How the Contract is formed between you and us
2.1 The Course can be provisionally booked by completing and returning our Student Registration Form.
2.2 Your booking constitutes an offer to us. All bookings are subject to acceptance by us and we will confirm such acceptance to you by sending you an email or letter to advise that the booking has been successfully confirmed. The contract between us will only be formed when we send you the booking Confirmation.
2.3 In any event, the Course shall not be deemed confirmed until the deposit or registration fee is paid in full in accordance with clauses 6.1 and 6.2.
3.1 The Company will use reasonable care and skill in providing the Course.
3.2 The description of the Course is as set out in our marketing literature and on our website. In accepting these terms and conditions you acknowledge that you do not rely on any other representations regarding the Course except for those made in writing by us. No descriptions of the Course set out on our website or in any marketing literature shall be binding on us and are intended as a guide only.
3.3 We cannot guarantee that the Student will pass any external examinations where applicable and we will not be held responsible for the same.
4. The Client’s obligations
4.1 On booking the Course, the Client is required to complete the Student Registration Form provided by us in full and to the best of their knowledge. The Student Registration Form is essential in ensuring we can provide the best service possible throughout the duration of the Course. Should any information provided on the Student Registration Form change at any stage, or be found to be incorrect, either deliberately or otherwise, we reserve the right to cancel the booking.
4.2 The Client should advise us as soon as possible if the Student has any disability requiring additional learning assistance, or if the Student has specific allergies, existing medical conditions or dietary requirements. We will use all reasonable endeavours to accommodate such requirements. Where we are not made aware of this at the time of booking, we will charge for any additional costs incurred by us in accommodating such requirements.
4.3 The Student should speak courteously to the Company’s staff and should not make excessive or unreasonable demands. The Student must, at all times, abide with the Company’s Code of Conduct, provided and agreed to at the time of booking.
4.4 The following clauses 4.4 to 4.8 apply to Study Programmes only: The Client is responsible for supplying us with copies of the following documents on booking the Course:
4.4.1 The Student’s passport, valid for the duration of the Course
4.4.2 Suitable comprehensive personal travel insurance, where this is not included and so stated in writing
4.4.3 The Student’s European Health Insurance Card
4.5 We are responsible for the Student’s travel arrangements only once they have arrived at the Course location and until the departure from the Course location, unless otherwise stated in writing.
4.6 No optional activities detailed on the Student Registration Form are included in the Services unless otherwise specified.
4.7 Students under the age of 16 must be accompanied at the flight check-in on departure. Where this is not possible, the Client must select the unaccompanied minors service on the Student Registration Form at the time of booking. This additional service will be added to the Total Fee.
4.8 Where the Course programme includes accommodation with a homestay, we will endeavour to provide the most suitable lodgings, however, our decision regarding this is final.
4.9 Should the Client or Student fail to fulfil their obligations under this clause 4, we reserve the right to:
4.9.1 Withhold the deposit and any other monies paid
4.9.2 Suspend or withdraw the Student from the Course
4.9.3 Charge for any costs incurred by us in suspending or cancelling your booking.
5.1 The fees for the Course will be as stated on our Student Registration Form current at the date of your booking. We will confirm this in our order Confirmation.
5.2 If the cost of our providing the Services increases due to any factor beyond our control including, but not limited to, the increased price of day trips or the alteration of exchange rates or duties, we reserve the right to increase the Total Fee at any time before the provision of the Services.
5.3 Any increase in the Total Fee shall only take place upon us informing the Client of the increase in writing.
6.1 For Tuition, the Client shall pay to the Company a registration fee as detailed on the Student Registration Form upon booking the Course. This registration fee shall be non-refundable. Further payments shall be made 1 month in advance.
6.2 For Study Programmes, the Client shall pay to the Company a deposit as detailed on the Student Registration Form upon booking the Course. This deposit shall be non-refundable. The balance of the Total Fee shall be paid to the Company no later than 1 month prior to the Course start date. If the booking is made within 1 month of the Course start date, the Total Fee shall be payable in full at the time of booking.
6.3 All payments should be made to the Company in pounds sterling or in local currency at the exchange rate of the Bank of England current at the time of booking, by bank transfer or credit card. Credit card payments are subject to a surcharge of 2.5%. The Client is responsible for the cost of any bank transfer fees incurred by the Client or the Company.
6.4 No itineraries or other final details with respect to the Course will be forwarded to the Client until payment has been received by the Company in full.
6.5 Receipts for payment will be issued only upon request.
7. Variations and Amendments
7.1 If you wish to vary any details of the Course, you must notify the Company in writing as soon as possible. We shall endeavour to make any required changes and any additional costs thereby incurred shall become immediately due and payable.
7.2 We reserve the right to make any changes to the Course without notice. We shall endeavour to keep such changes to a minimum and shall seek to offer you arrangements as close to the original as is reasonably possible in the circumstances.
7.3 We reserve the right to do the following:
7.3.1 amend any Course in order to reflect a change in the circumstances beyond our reasonable control; and
7.3.2 vary our schedule of Course fees from time to time. Any price change will not affect any confirmed bookings.
8.1 For Tuition, we require a minimum of 24 hours’ notice if the Student will be unable to attend a particular class. Where the required notice is not provided, the Student will lose any fees paid for that class.
8.2 If the Client wishes to cancel the Study Programme, they may do so at any time by giving written notice to the Company, provided that:
8.2.1 under no circumstances will the deposit be returnable;
8.2.2 the Company shall be immediately entitled to payment or to withhold payment for 100% of the Total Fee if cancellation takes place within 14 days or less of the start date of the Course;
8.2.3 the Company shall be immediately entitled to payment or to withhold payment for 50% of the Total Fee less the deposit if cancellation takes place between 15 – 30 days of the start date of the Course;
8.2.4 any additional costs reasonably incurred by us in cancelling any arrangements connected with the Course shall be paid by the Client on demand.
8.3 If you fail to complete any of your obligations under clauses 4 or 6, we reserve the right to cancel your booking and the above clauses 8.2.1 to 8.2.4 shall apply.
8.4 We reserve the right to cancel the Course at any time prior to the start of the Course. In this event, we will refund any payments made, including the deposit.
9. Liability and Indemnity
9.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
9.2 We will use all reasonable endeavours to ensure the Student’s property is safe throughout the duration of the Course, however, we accept no responsibility for loss, theft or damage, provided this is not as a result of our breach of these Terms and Conditions or as a result of our negligence.
9.3 The Client shall indemnify us against all damages, costs, claims and expenses suffered by us arising from loss or damage to any equipment (including that of third parties) caused by the Client or the Student.
9.4 We shall not be held responsible for any acts or omissions of any third parties including, but not limited to, any home stay providers.
9. 5 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
10.1 We respect and value your privacy and also the security of your data. Information that you give to us when contacting us will be used only for the provision of the Services.
10.2 Notwithstanding the above, we reserve the right to take and use photographs and videos from the Course, and testimonials given by you or the Student, in marketing literature and on our website. Please contact us in writing if you do not consent to this usage.
10.3 Your data is stored securely in accordance with the Data Protection Act 1998. All such data stored electronically is password protected and encrypted.
10.4 We will not share any of your information with any other agency, company or business for marketing or any other purpose at any time, unless required to do so by law.
11.1 It may be necessary for the parties to have access to information that is confidential to the other (“Confidential Information”). The parties agree both during this agreement and for a period of 1 year after its termination, to hold each other’s Confidential Information in confidence. The parties agree not to make each other’s Confidential Information available in any form to any third party or to use each other’s Confidential Information for any other purpose related to this Contract.
11.2 Confidential Information shall not include that:
11.2.1 which is, at the time of disclosure, in the public knowledge, or which after disclosure, becomes part of the public knowledge, except by breach of this Contract;
11.2.2 which was in the receiving party’s possession (as reflected in written records) at the time of disclosure by the disclosing party and which was not acquired, directly or indirectly, from the disclosing party;
11.2.3 which the receiving party can demonstrate; by written documents, resulted from its own research and development, independent of disclosure from the disclosing party;
11.2.4 which the party receiving the information already possesses or obtains independently in circumstances in which that party is free to disclose it;
11.2.5 or which either party is obliged to disclose to comply with any requirement of the law.
11.3 Each party agrees to use its reasonable endeavours to ensure that Confidential Information is not disclosed or distributed by its employees or agents in breach of the provisions of this agreement.
11.4 You agree that any information received pursuant to this agreement shall be deemed subject to the non-disclosure obligations set forth herein.
12 Events outside our control (Force Majeure)
No Party to the Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
13. No Waiver
No failure or delay by either Party in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of the Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other