Oxford Summer Courses 16 Turl St, Oxford, OX1 3DH

Transcription

1 TERMS AND CONDITIONS THE STUDENT S (AND IF APPLICABLE, PARENT OR LEGAL GUARDIAN S) ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE DELIVERY OF COURSE 1.1 Oxford Summer Courses shall deliver the programme in accordance with. 1.2 Oxford Summer Courses shall use all reasonable endeavours to meet any performance dates specified on the website, but any such dates shall be estimates only and time shall not be of the essence for performance of the delivery of the programme. 1.3 Oxford Summer Courses shall have the right to make any changes to the programme which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the programme. 1.4 Oxford Summer Courses warrants that the programme will be provided using reasonable care and skill. 1.5 Oxford Summer Courses may share the general facilities of the college campuses with campus staff, resident students, other summer school students, and campus conference delegates. 2. STUDENTS OBLIGATIONS 2.1 The Student shall: at all times abide by the rules set out in the Student Rules, available from /policies and as updated by Oxford Summer Courses from time to time; co-operate with Oxford Summer Courses in all matters relating to the delivery of the course; including arrive at the college where their course will take place between 13:00-17:00 on the start date of their course: Sunday 24 th June 2018; or Sunday 1 st July 2018; or Sunday 8 th July 2018; or Sunday 15 th July 2018; or Sunday 22 nd July 2018; or Sunday 29 th July 2018 Rooms must be handed over by 10am on the course end date and departure from the college must be by 12noon: Saturday 7 th July Saturday 14 th July Saturday 21 st July Saturday 28 th July Saturday 4 th August Saturday 11 th August 2018 All courses start on a Sunday and end on a Saturday. Accommodation is not provided outside of booked course dates.

2 2.1.3 provide Oxford Summer Courses with such information reasonably required in order to effectively deliver the course. Requested information must be provided by 30 th April and thereafter (for later bookings) promptly on demand to ensure students are properly provisioned for; notify us of any disabilities which the student might have to enable Oxford Summer Courses to put in place any reasonable adjustments to enable you to access our services during your programme; agree that Oxford Summer Courses publications may include statements by the student, as well as the use of their image. 2.2 If Oxford Summer Courses performance of any of its obligations under the Agreement are prevented or delayed by any act or omission by the Student or failure by the Student to perform any relevant obligation, Oxford Summer Courses shall not be liable for any losses incurred by the Student. 3. CHARGES AND PAYMENT 3.1 The applicable course fee as outlined in the Contract Details includes: single or twin room in Oxford college accommodation which is a college room occupied by students during the academic year. Each room is equipped with 1-2 single beds, desk, chairs, wardrobe/closet; and participants will share bathrooms with members of the same sex; breakfast and dinner every day (including any evening meals at local restaurants) if aged 16-24; breakfast, lunch (3 times a week), and dinner every day if aged 13-15; transfer between Oxford and Cambridge (and vice versa) for four-week courses in alternate locations; academically-related full-day and half-day excursions, including entrance fees; academically related evening activities, including theatre and concert performances, including entrance fees; all academic tuition; Oxford Summer Courses Course Certificate. 3.2 Transportation to the course location is not included in the fees. Transits from Heathrow Airport to Oxford or Cambridge can be arranged by special request at additional cost, each way, per Student between 0900 and 1530hrs. If students arrive at any other times, a special transfer can be arranged and a surcharge will apply. Students will be asked to confirm their travel requirements in the weeks preceding their course start date. Please enquire with info@oxfordsummercourses.com for further details year old students must be escorted to the course location by a parent, guardian or chaperone (with parent/guardian consent). Otherwise, the airport transfer service from Heathrow Airport is mandatory to guarantee the safe arrival of all year old students. 3.3 For reference, not included in the programme fee: medical insurance this must be arranged by the Student and we will seek evidence of this through the Medical Form; visa fees Students requiring a visa can request a letter from Oxford Summer Courses; passport fees; credit card fees; personal items such as toiletries; personal laundry (except years); any items not specifically mentioned as included. 3.4 Baggage and personal effects are the sole responsibility of the Student.

3 3.5 The Student and/or the parent or legal guardian is responsible for meeting invoices raised by Colleges in respect of unreasonable damage to accommodation or equipment, which, in the College assessment, does not constitute reasonable wear and tear. 3.6 The Student and/or the parent or legal guardian is responsible for all transport costs incurred through the early departure of a student who has been asked to, or who chooses to, leave a course. Students may be asked to leave a course for serious or sustained disciplinary breaches, or because of undisclosed medical or wellbeing issues. 3.7 Final balance payment is due, in full, by 30 th April 2018 to confirm a course place. New bookings after this date do not accept a deposit, must be paid for in full at the time of booking and first choice subjects and/or specific rooming requirements may not be available. 3.8 Where applicable all amounts payable by the Student and/or the parent or legal guardian (as applicable) under the Agreement are inclusive of amounts in respect of value added tax chargeable for the time being (VAT). 3.9 If the Student and/or the parent or legal guardian fails to make any payment due to Oxford Summer Courses under the Agreement by the due date for payment, then the Student shall pay interest on the overdue amount at the rate of 4% per cent per annum above the Bank of England s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Student and/or the parent or legal guardian (as applicable) shall pay the interest together with the overdue amount The Student and/or the parent or legal guardian shall pay all amounts due under the Agreement in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). Oxford Summer Courses may at any time, without limiting its other rights or remedies, set off any amount owing to it by the Student and/or the parent or legal guardian against any amount payable by Oxford Summer Courses to the Student and/or the parent or legal guardian Deposits are always non-refundable. 4. LIMITATION OF LIABILITY: THE STUDENT S (AND IF APPLICABLE, PARENT OR LEGAL GUARDIAN S) ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE 4.1 Nothing in the Agreement shall limit or exclude Oxford Summer Courses liability for: death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; fraud or fraudulent misrepresentation; or breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law. 4.2 Subject to clause 4.1, Oxford Summer Courses shall not be liable to the Student and/or the parent or legal guardian, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Agreement for: loss of damage to goodwill; or any indirect or consequential loss. 4.3 Subject to clause 4.1, Oxford Summer Courses total liability to the Student and/or the parent or legal guardian, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement shall be limited to full price of the booking with Oxford Summer Courses OR 100% of the total charges paid under the Agreement. 4.4 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Agreement.

4 4.5 The Student is advised to ensure that they can acquire an appropriate visa for study in the UK covering the course dates and that they can comply with all other UK entry and residence requirements as under no circumstances will any refund be made on the grounds of lack of visa or similar documents required to enter the UK legitimately, save in accordance with the cancellation provisions set out in clause 5. Oxford Summer Courses can provide advice and support in regard to acquiring Short Term Study Visas. 4.6 The Student must comply fully with the immigration laws of the UK when entering the UK for a course of study. 4.7 This clause 4 shall survive termination of the Agreement. 5. CANCELLATION 5.1 In the event of a cancellation Oxford Summer Courses must receive written confirmation. Cancellations before the dates of the start of the course receive the following refunds of the balance of the programme fee (deposits remain non-refundable): Days before the course start-date % refund of balance days 100% days 50% days 10% 0-48 days 0% 6. COMPLIANCE WITH RELEVANT REQUIREMENTS 6.1 Oxford Summer Courses shall: comply with all applicable laws, statutes, regulations relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010 (Relevant Requirements); not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Bribery Act 2010 if such activity, practice or conduct had been carried out in the UK; have and shall maintain in place throughout the term of this Agreement its own policies and procedures, including but not limited to adequate procedures under the Bribery Act 2010, to ensure compliance with the Relevant Requirements, the Relevant and will enforce them where appropriate; promptly report to the Student any request or demand for any undue financial or other advantage of any kind received by Oxford Summer Courses in connection with the performance of this Agreement; and immediately notify the Student and/or the parent or legal guardian (in writing) if a foreign public official becomes an officer or employee of Oxford Summer Courses or acquires a direct or indirect interest in Oxford Summer Courses and it warrants that it has no foreign public officials as direct or indirect owners, officers or employees at the date of this Agreement. 6.2 Oxford Summer Courses shall ensure that any person associated with Oxford Summer Courses who is performing services or providing goods in connection with this Agreement does so only on the basis of a written contract which imposes on and secures from such person terms equivalent to those imposed on Oxford Summer Courses in this clause 6 (Relevant Terms). Oxford Summer Courses shall be responsible for

5 7. GENERAL the observance and performance by such persons of the Relevant Terms, and shall be directly liable to the Student for any breach by such persons of any of the Relevant Terms. 6.3 For the purpose of this clause 6, the meaning of adequate procedures and foreign public official and whether a person is associated with another person shall be determined in accordance with section 7(2) of the Bribery Act 2010 (and any guidance issued under section 9 of that Act), sections 6(5) and 6(6) of that Act and section 8 of that Act respectively. For the purposes of this clause 6 a person associated with Oxford Summer Courses includes but is not limited to any subcontractor of Oxford Summer Courses. 7.1 Force majeure. Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. 7.2 Assignment and other dealings Oxford Summer Courses may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Agreement and may subcontract or delegate in any manner any or all of its obligations under the Agreement to any third party or agent. 7.3 Entire agreement This Agreement including the Terms and Conditions, the Contract Details, the relevant (by age) Student Handbook 1, and the Student Rules constitutes the entire Agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement. 7.4 Variation. No variation of the Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives). 7.5 Waiver. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not: waive that or any other right or remedy; or prevent or restrict the further exercise of that or any other right or remedy. 7.6 Severance. If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Agreement. 7.7 Notices Any notice or other communication given to a party under or in connection with the Agreement shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be 1 Provided before course start date, containing course specific detail.

6 delivered personally, or sent by pre-paid first-class post or other next working day delivery service, commercial courier, fax or A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 7.7.1; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or , one business day after transmission The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action. 7.8 Third parties. No one other than a party to the Agreement shall have any right to enforce any of its terms. 7.9 Governing law. The 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 shall be governed by, and construed in accordance with the laws of England and Wales. 8. Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Agreement or its subject