1. Booking Form

a) You acknowledge that once you have completed and submitted the ASA booking form that You have read and accepted the terms and that You will be bound by such terms subject to Acceptance (as defined below) of the booking form by the ASA.

2. Acceptance

a) Acceptance of the booking form is at the discretion of ASA. Please note that in order to accept a Student, an interview may follow and ASA may seek references which You will be obliged to provide.

b) Acceptance is also subject to the payment of a deposit (the “Deposit”) which must be paid to the ASA within 7 Working Days from receipt of our invoice. For the avoidance of doubt Working Days means any day which is not a Saturday, a Sunday or a bank or public holiday in England. The Deposit is non-refundable in any circumstance.

3. Payment

a) As The Summer Academy is a programme intended to promote fluency in the use of the English language, it is exempt from Value Added Tax.

b) All fees must be paid in pounds sterling via a bank transfer or at the discretion of ASA, which has been confirmed in writing prior to the transaction, by another method.

c) The exact amount must be paid. Please note that banks may charge a fee for transferring the money, or the exchange rate may fluctuate, and You must make these payments to ensure that the exact amount is received by ASA.

d) The balance of fees, which is the total fee minus the Deposit (the “Balance”) is due either by 1st February of the year in question, or if the Student is accepted after 1st February then the Balance is due 30 days after the receipt of the invoice, or if the Student is accepted after 1st May then the Balance is due immediately, which should be at the same time as the Deposit is paid.

e) If any fees are late and ASA has agreed not to terminate the Contract pursuant to Clause 5, then interest will be applied to the fees, calculated on a daily basis at the rate of 4% per annum above the base rate of Santander.

f) All payments made or to be made under this Contract shall be made in full, without any deduction, withholding, set-off or counterclaim on account of any taxes or otherwise.

g) You must pay any additional expenses incurred by the ASA on behalf of the Student relating to his/her attendance at The Summer Academy within 5 Working Days.

4. Cancellations

a) Subject to this Clause 4, You may cancel this Contract and such cancellations must be made in writing either addressed to the registered office address or to our email account at bookings@thesummeracademy.co.uk.

b) Cancellations must be made within 7 Working Days of the payment of the Deposit, unless The Summer Academy starts before the 7 Working Days have expired.

c) Unless clause 5 b) above applies, You may cancel the Student’s place at The Summer Academy as follows:

i. You cancel on or by 19th March 2020 ASA will refund You the full amount of the Balance;

ii. You cancel between 20th March 2020 and 19th April 2020 (inclusive) then ASA will refund You 50% of the Balance;

iii. You cancel between 20th April and 19th May 2020 (inclusive) then ASA will refund You 10% of the Balance;
or

iv. You cancel on or after 20th May 2020 You receive 0% of the Balance.

d) All refunds will be net of any bank charges or foreign exchange losses.

5. Termination

a) ASA reserves the right to terminate this Contract at any time and with immediate notice without refunding any fees to You, if it determines at its sole discretion that:

i. Payment of the fees in full (including the Deposit and the Balance) has not been made within 30 days from the date of the invoice for the Balance, or if the Student is accepted after 1st May 2020 then within 7 days Working Days of receipt of our invoice for the balance;

ii. In the sole judgement of ASA, the Student is medically unfit to participate in The Summer Academy;

iii. On behalf of the Student, You reject the Student being moved by ASA from his/her course to a course of English language private tuition, or You do not pay the additional fees for this, after ASA has determined at its sole discretion that the Student’s English proficiency is not at the level required for the course;

iv. The Student has behaved unacceptably, broken any of ASA’s Rules (including but not limited to the Code of Conduct) & Regulations or any UK law; and/or

v. You are unable to obtain the correct visa for the Student in time to attend The Summer Academy.

b) In the event of termination under Clauses 5 i to v, the ASA may at its sole discretion, send the Student home immediately.

c) You shall be fully responsible for the Student’s return home and for paying the costs in full. ASA reserves the right to book same, next-day or future flights or other modes of transport for the Student at any cost. If ASA incurs any cost in sending the Student home, You will be responsible for reimbursing ASA in full within 5 Working Days. ASA accepts no responsibility for any loss or damage experienced by the Student as a result of termination, including but not limited to transport costs or accommodation costs for the Student or other persons.

6. Insurance

a) You are required to take out comprehensive insurance to cover the Student. Such cover must include but not necessarily be limited to health, contents and travel insurance, which will insure the Student against, but not limited to, issues such as flight costs and course fees incurred in the event of cancellations, theft of personal items, medical treatment, repatriation, personal accident, public liability, legal expenses etc. You must also pay any additional expenses the ASA incurs in the event of any of these circumstances or similar circumstances occurring.

b) In addition, EU Nationals are advised to bring valid European Health Insurance Cards.

7. Limitation of Liability

a) ASA will not be liable to You or any connected persons for any claims, costs, expenses or damages (including but not limited to property, personal belongings or money) losses (including but not limited to loss of profits, revenue, data, contracts or opportunities) or any liabilities of any kind (whether direct or indirect) that we could not have been expected to foresee, except for death or personal injury resulting from proven negligence in an English court of law.

b) You will indemnify and keep indemnified ASA from and against any losses, claims, costs, expenses or damages or any liabilities of any kind incurred by it as a direct or indirect result of a breach of this contract by the Student. You will be invoiced for any costs to cover any damage or loss caused. The exact amount must be paid pursuant to Clause 3.

c) Any liability arising under this Contract by either party shall be capped at the value of the fees and additional expenses paid to the ASA for the Student to attend The Summer Academy.

8. Notices

a) Any notice given under this Contract must be in writing, in English and be delivered:

i. By first class registered post to ASA’s registered address*, when it shall be deemed to have been served 48 hours after posting; or

ii. By email to bookings@thesummeracademy.co.uk and an acknowledgement of receipt of the email is given by ASA.

9. Promotional Activities

a) ASA may ask the Student to participate in photographs, videos or other promotional activities during The Summer Academy, for use in ASA’s future publicity. You must advise ASA in writing prior to the Student’s attendance at The Summer Academy that he/she would prefer not to participate in these activities.

b) At the end of The Summer Academy, ASA will ask the Student to fill in an evaluation questionnaire. ASA may use statistics and quotes from these to promote future The Summer Academies, and may credit the Student’s name and school next to these quotes. The Student should advise ASA in writing if he would prefer for ASA not to use this information in future publicity.

c) All intellectual property existing or arising and relating to The Summer Academy is owned by the ASA.

d) ASA will always comply with all relevant Data Protection Legislation.

10. General

a) ASA may assign all or any of its rights under this contract to any person or company without any requirement to notify or obtain further consent from You.

b) No amendments of this contract shall be effective unless confirmed in writing and signed by both ASA and You.

c) ASA makes every effort to provide an accurate description of The Summer Academy, but can make no guarantee about the content or structure, which may change.

d) ASA reserves the right to modify or cancel, within reason, The Summer Academy, and to make alterations to the programme, course, location and tutors at any time without Your consent. ASA shall not be held responsible for any inconvenience caused and extra expenses incurred.

e) ASA does not intend any term of this Contract to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999.

f) This Contract shall be governed by the laws of England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the English courts to settle any dispute or question relating to this Agreement.

*Academic Summer Academies Limited registered office: 5 Ravenscourt Road, London W6 0UH, registered number: 09165967