Terms and conditions

TERMS AND CONDITIONS
1. Introduction

1.1 These Terms and Conditions shall apply to the provision of Educational Services by the School to the Student.
1.2 The terms and conditions outlined below apply to all English language students who study at Mersey Valley School of English.
2. Definitions and Interpretation
2.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Agreement” means this agreement between the School and the Student for the provision of any educational services entered into by the same which shall incorporate, and be subject to, these Terms and Conditions.
“Course/s” means any scheduled English course and collateral educational services set out in Courses section and Dates and Fees section on the School website, as purchased by the Student.
“Student” means the individual like an adult, teenager, any their representatives, teenager’s parent(s) and et cetera, that has purchased the Course as set out in Courses section and Dates and Fees section on the School web site.
“School” means Mersey Valley School of English, Appletree Achievements Ltd, 53 Rodney Street, Liverpool, Merseyside, L1 9ER, UK; 00447964559281; www.merseyenglish.co.uk.
“Application/Application form” means the School registration form for booking any scheduled English course set out on the School website, to which these terms and conditions are attached, when completed by the Student and submitted to the School via its Apply Now e-tool; or which is expressed to be subject to these terms and conditions in written either by e-mail to apply@merseyenglish.co.uk or post.
“Invoice” means the School written notice about the Course cost, normally a pdf-file, attached to the Application form at step 4 of the application process via the School Apply Now e-tool, which is automatically generated on the basis of the chosen options while completing the Application form; or which is sent to the Student by the School as a separate document.
“Booking Confirmation Letter” means the letter which is e-mailed by the School to the Student to confirm the details of the chosen Course after the Application form and payment have been received by the School.
“Fees” means the fees stated in Fees and Dates section on the School web site and payable by the Student in accordance with the confirmed invoice of the School.
2.2 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
2.3 Words imparting the singular number shall include the plural and vice versa.
2.4 References to any gender shall include the other gender.
3. This Agreement
3.1 This Agreement has 3 attachments: Application form, Invoice, Booking Confirmation Letter.
3.2 This agreement is legally binding once: - the Application form has been submitted via Apply Now e-tool by the Student, checking the box “I have read and agree to the Terms and Conditions” at application step 3 and confirming your booking at application step 4; - and the School’s invoice has been paid by the student; - and the Booking Confirmation Letter issued by the School has been received by the Student.
3.3 This Agreement is not applicable for individual programmes or promotions which may have alternative fees, charges, terms and conditions; these programmes and promotions will be discussed with the Student separately, in written, upon the Student’s request which should be sent to the School by e-mail apply@merseyenglish.co.uk.
3.4 No changes to these Terms and Conditions and the Agreement shall be binding unless agreed in writing between the Student and School. If students wish to vary any details of the Agreement they must notify the School in writing as soon as possible; the School shall endeavour to make any required changes and any additional costs thereby incurred shall be invoiced to the Student. If, due to circumstances beyond the School’s control, the School has to make any change in the arrangements relating to the provision of the educational services the School shall notify the Student immediately; the School shall endeavour to keep such changes to a minimum and shall seek to offer the Student arrangements as close to the original as is reasonably possible in the circumstances.
3.5 These Terms and Conditions and the Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
3.6 Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions or the Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.
4. Fees, Invoice, Payment
4.1 The School invoice is the basis for Student’s payment and may include the following fees: a one-off non-refundable course registration fee of £30, course fee, accommodation cost, cultural programmes price, extra study offers fee, VAT. Course materials, cultural programme 5 and airport transfer if chosen are always to be paid extra on arrival.
4.2 The course(s), accommodation, cultural programme(s) and extra study offers fees shall be in the invoice as stated in Dates and Fees section on the School web site.
4.3 Accommodation cost included in the School invoice is provisional; surcharges may apply on arrival in some cases. The School will inform about it in advance. If such information incurs changes in accommodation choice of the Student, no changes fee will apply.
4.4 The invoice as part of this Agreement is legally binding once your booking has been confirmed by the Student and the completed Student’s application form has been submitted via the School Apply Now e-tool.
4.5 Students shall pay the amount due at least 8 weeks prior to the starting date of the Course specified in the invoice, or on submitting an Application if placed less than 8 weeks prior to the starting date of the Course or the School reserve the right to cancel the Course. This payment is refundable excluding the registration fee and any bank charges.
4.6 The payment can be made by cash, International Money Order or bank transfer. When paying by bank transfer, students must ensure they cover the sender’s charges. Students are asked to state the Student’s name and invoice number as the payment reference.
4.7 Students will receive a Booking Confirmation Letter from the School after their payment has been received by the School. It may take up to 15 working days to receive it. The Letter will contain all the necessary information about the Course. To speed up the process of getting the Booking Confirmation Letter, Students are recommended to e-mail a copy of their payment receipt to the School. Students are strictly advised not to book flights until their place on the course has been confirmed by the School Booking Confirmation Letter.
4.8 The invoice is issued in British pounds and may only be paid in GBP. Students are asked to keep the invoice for their records.
4.9 When the School transfers a refund to the student, all bank charges are paid by the recipient.
4.10 The School will issue an additional invoice to the Student in case of any property damage caused by the Student; the Student shall pay the full cost of it.
5. Changes and cancellation policy
5.1 Students may change or postpone the Course. In case of any changes, an additional administration fee will be charged in the following order: changes made up to 8 weeks before the start of the course – £50; changes made between 8 and up to 6 weeks before the start of the course – £75; changes made between 6 and up to 4 weeks – £100; changes made between 4 and up to 2 weeks before the start of the course – £150. No changes to the Course or this Agreement may be made less than 2 weeks before the start of the course or after the starting day of the course.
5.2 If the Student arrives to the School after their Course has started, or does not attend classes during the Course, or leaves before the end of the Course, a refund will not be given.
5.3 The School reserves the right to change the lesson times, to hold classes in classrooms outside main school buildings, or to change a teacher during the Course.
5.4 The Student may cancel this Agreement. In case of cancellation, administrative fee is not refundable. The rest of the fee paid on the basis of an invoice will be refunded to the Student by the School in the following order: cancellation up to 8 weeks before the start of the course – 100% of the remaining fee; cancellation between 8 and up to 6 weeks before the start of the course – 75% of the remaining fee; cancellation between 6 and up to 4 weeks – 50% of the remaining fee; cancellation between 4 and up to 2 weeks before the start of the course – 25% of the remaining fee; cancellation between 2 and up to 0 weeks before the start of the course – 0% of the remaining fee. No refund shall be given if cancellation is made on the starting day of the course or after.
5.5 The School requires at least two full working day notice for the cancellation of airport transfer services and cultural programme 5 activities. No refund shall be given if cancellation is made between 2 and up to 0 days before the event.
5.6 When Student’s visa refusal is the reason for the Course cancellations, the School will refund all fees paid provided that the School receives from the Student an original copy of the official letter of refusal from the immigration authorities with a date which supports the timing of the cancellation.
5.7 If the School cancels any Course for any reason, the School shall offer the Student alternative dates or any other suitable Course or a complete refund of the fee paid for the invoiced Course.
6. School requirements
6.1 Student’s Age: Minimum age of students is 18 years old for adult courses, and 15 years old for teenage courses. Younger students may be admitted only if their parents or teachers or adult representatives travel and stay with them during all the period of the Course – as a family or group. Students inform about their age in the Application form which is the basis for the course option and accommodation type to be chosen and fees to be applied. Students who are under the declared course minimum age limit on arrival will not be admitted and will be asked to go back home at their own expense.
6.2 Student’s Language Level: Students inform about their language level in the Application form. However, students are asked to do an entry test on arrival to check that their language level is suitable for the chosen course. If a student’s language level is below the level initially stated in the application, then the School reserves the right to make arrangements for an alternative course.
6.3 Course Confirmation: Students’ place on the Course is considered to be confirmed after they have received a Booking Confirmation Letter from the School where all the Course details can be found. Prior to this, Students shall confirm their booking via Apply Now e-tool (step 4) and pay it in full as stated in this Agreement at least 8 weeks before the starting date of the Course. Non-EU students must also send the copy of their valid passport and UK Visa to the School. The School will send a Booking Confirmation Letter as soon as the payment and the documents have been received. The School does not process applications any further until Students have paid the Course and provided the necessary documents. Once the Booking Confirmation Letter is received Students are free to book their flights.
6.4 Travel and Medical Insurance: It is the Student’s responsibility to take out their travel and medical insurance before travelling to cover themselves during their stay in the UK and for their return journey. The school accepts no liability for any travel incidence, loss or damage to students’ property, or students’ health matters. Students inform about their health condition in the Application form for the school information only. However, Course or flight cancellation due to Students’ health problems or other unforeseen circumstance might be subject to make a claim on the travel insurance. It is important to understand that if Students are covered by a suitable type of travel insurance, their claims are accepted by the insurer and not the School.
6.5 Visa: Non-EU citizens must send the School a clear copy of their valid passport and visa by post or e-mail. The School does NOT process international students’ applications any further until they have provided these documents. It is the Student’s responsibility to obtain their visa to travel to the UK in sufficiently good time to be legally safe to start and complete their course in the School. At the time of publishing, the School does not issue a CAS for international students to get their Student Visitor Visa to the UK. Any student may apply for a General Visitor Visa or Child Visitor Visa using the services of a travel agency in their country. For information about visa application process and whether the student needs a visa, students are strongly advised to consult with the current regulations on the following Home Office web pages: www.ukba.homeoffice.gov.uk and http://www.ukba.homeoffice.gov.uk/visas-immigration/do-you-need-a-visa.
6.6 Arrival and Departure: Students arrive at and depart from the School on Sundays. All travel details should be sent to the School at least one week before the Student is due to arrive. The School provides free help for students to plan their shortest and cheapest travel route to the School upon a student’s written request. The students are strongly recommended NOT to book flights until their place on the course has been confirmed.
6.7 Attendance: Non-attendance on the first day of the Course without notice is treated as cancellation; visa students will also be reported to the UKBA in accordance with the UK law. The School will not provide the Student with a course certificate if the Student’s attendance is below 75% of all classes. One lesson or teaching hour is 45 minutes. We reserve the right to retain certificates and grade reports if fees are still outstanding on completion of programmes, or if library books have not been returned.
6.8 Behaviour: Students shall treat other participants of the course, accommodation providers and the School staff with consideration, courtesy and respect at all times. The School reserves the right to withhold the course and school accommodation from students for drugs or alcohol taking, or offensive or dangerous or any other inappropriate behaviour towards others, or breach of the School regulations. Such students will be asked to leave the School immediately, with no refund or escort, at their own expense. The School reserves the right to exclude any person who brings the School into disrepute; any refundable course fees paid will be returned, but the School will not accept any further liability.
6.9 Accommodation: A) In no case is the School an accomodation provider or should be treated as such. Any type of accommodation included in the School invoice is subject to a contract between a Student and accommodation provider; The School acts as an agent only, and Term and Conditions of an accommodation provider shall apply. B) Students are expected to arrive at their accommodation site on a Sunday and leave on a Saturday evening or Sunday morning. The type of accommodation is subject to availability. C) It is the School right to change a family during a student’s stay. Homestay for families or groups is limited. D) Upon written request the school can assist students with booking a hotel or hostel if they would like to arrive on earlier or depart on later dates than the duration of their Course; in such a case students are fully responsible for the cost of this accommodation. E) Students under 18 years old, if they go out and discover the city independently, must return home by 9pm on any day of the week; being late is treated as a breach of the School regulations; if any problem happens during their stay alone in the city, students should immediately contact the School staff and their accommodation provider.
6.10 Activities, Excursions, Social Programme: Examples of offered activities, excursions and social programme found on the School website should not be treated as the confirmed list of events. If Students want to know more about these, they are asked to contact the School for enquiries.
6.11 Accuracy of information provided:

A) The Students must make sure that the information they give in their Application Form while applying for the Course is correct. B) The school cannot take any responsibility for incorrect or misleading information given by educational advisors. C) Sometimes the information in the School brochures may differ from the one on the School website due to a change in Courses or Terms and Conditions. If the Students notice it, they should treat the information given on the School website as more relevant. D) To ensure that the Students are provided with the updated information, they are advised to contact the School for their enquiries before applying for the Course.

7. Students Support and Complaints
7.1 If Students need any support from the School concerning peer communication, cultural differences or inappropriate behaviour of others, they should contact the School staff at info@merseyenglish.co.uk during their stay on the Course.
7.2 It is the right of the Student to address to the staff of the School with a complaint; in case any Student has one they should mention this to the School staff as soon as possible as the School deals with the Students complaints during their stay on the Course only.
8. Liability
8.1 If the Scholl fails to perform the educational services with reasonable care and skill it will carry out remedial action at no extra cost to the Student.
8.2 The Student shall indemnify the School against all damages, costs, claims and expenses suffered by the School arising from loss or damage to any equipment (including that of third parties) caused by the Student, or his agents or employees.
8.3 The School shall not be liable to the Student or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of the School’s obligations if the delay or failure was due to any cause beyond the School’s reasonable control.
9. Force Majeure
Neither the Student nor the School shall be liable for any failure or delay in performing their obligations under the Agreement 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 School failure, industrial action, civil unrest, adverse
weather conditions, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
10. Severance
The Parties agree that, in the event that one or more of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (and the Agreement, as appropriate). The remainder of these Terms and Conditions shall be valid and enforceable.
11. Copyright
The School reserves all copyright and any other rights including intellectual property rights, “know-how” rights, title and design rights and et cetera which may subsist in the products of, or in connection with, the provision of the School services or Course materials. The School reserves the right to take such actions as may be appropriate to
restrain or prevent infringement of such copyright.