TERMS & CONDITIONS – Eaton Prep School Residential Adventures

Eaton Square Prep School Residential Adventures are operated by Summer Boarding Courses Limited, a company registered in England (Company No. 6697050) (“we”, “us”, or “SBC”) and whose principal place of business is Floor 3, 6 Wellington Place, Leeds, LS1 4AP.

 

DEFINITIONS

“Business Day” means a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

“Residential” means the full residential trip from start to finish, full details of which will be set out in the Confirmation.

“Start Date” means the first day of the residential as described in the Confirmation.

“Arrival Date” means the first day of the residential as described in the Confirmation.

“Finishing Date” means the last day of the residential as described in the Confirmation.

“SBC” means Summer Boarding Courses.

“SBC Approval Agent” means an agent who has the legal authority to bind SBC to the terms of this Contract.

“Pupil” means the person who will be attending the Residential.

“Terms” means these terms and conditions as amended from time to time in accordance with clause 4.1.

“You/Parent” means the person making the booking on behalf of the Pupil (who is the parent or legal guardian of the Pupil) and with whom the legal contract is formed, whether directly with SBC or through an SBC Approved Agent.

 

1. BOOKINGS

1.1 It is advised that you make your booking application as early as possible so the necessary preparations can be made.

1.2 All booking applications must be made by the Parent or Guardian of the Pupil being booked onto the Residential.

1.3 All refunds for a cancellation made by us or you are subject to the Cancellation terms outlined in clause 5.

1.4 Your application for a booking on a residential is an offer to enter into a binding contract with us to purchase a place on the Residential. Your offer is only accepted when we send you written confirmation that your application is accepted or that we are able to offer you a place on the Residential (the “Confirmation”).

1.5 From the date on the Confirmation, a contract will come into existence between us and you (the “Contract”). The Contract will continue until the Residential Finishing Date, unless it is cancelled earlier in accordance with these Terms. Where the booking is made via an SBC Approved Agent, the Contract is formed with SBC and not the SBC Approved Agent.

1.6 The Contract will be subject to these Terms and the booking form. These Terms and the booking form set out the entire agreement between you and us in relation to the Residential.

1.7 Please check that the details in these Terms and the booking form are complete and accurate. If you think that there is a mistake in the Terms or the booking form or that they do not contain relevant information that you are relying on, please notify us and ask us to confirm any agreed changes in writing before you submit your application.

1.8 Sometimes, due to circumstances outside of our control, we may have to change the location of the Residential. Should this happen, we will notify you at the earliest opportunity of the change in location.

1.9 We accept no liability for any losses suffered due to a change of location in accordance with these Terms.

1.10 We will do our best to meet accommodation requests where they have been expressed. Unless explicitly specified as a condition for booking in writing, it will ultimately be at the discretion of Summer Boarding Courses whether to accept these requests.

 

2. LATE APPLICATIONS

2.1 It is at the discretion of SBC to accept late applications.

 

3. UK CONTACT DATA

3.1 You must include your contact details in the UK when you submit your application.

 

4. RESIDENTIAL PAYMENT

4.1 The fees payable for each Residential (the “Fees”) are published on our website: https://www.summerboardingcourses.com/eaton-square-residential-experiences/and may vary from time to time. Once we have accepted your booking and sent you a Confirmation, no variation of these Terms shall be effective unless it is in writing and agreed by you and us.

4.2 When paying the Fees please quote your unique statement number (“Unique Statement Number”), which shall be issued to you on the Confirmation.

4.3 Fees are payable in British pounds (GBP).

4.4 For residential bookings, you must pay the fees at the time of booking.

4.5 If for any reason we cancel or reject your booking, we will refund to you any Fees you have paid within 14 days of cancellation or rejecting your booking if you have paid via Flywire.  If you choose to pay via international bank transfer there could be a delay in the refund process.

4.6 If you do not pay the Fees in accordance with these Terms, you will not be entitled to start the Residential and we may cancel your booking.

4.7 Fees can be paid by our online payment platform. This is our recommended payment method and is almost instantaneous.

 

5. CANCELLATION

5.1 Subject to the provisions of this clause 5, you have a right to cancel your booking within 14 days from the date of the Confirmation (the “Cancellation Period”) without giving any reason.

5.2 All cancellations must be made in writing and take effect from the date we receive such notice. Where a cancellation is made more than 30 days prior to the Arrival Date, there will be a refund of all Residential Fees paid, minus the admin fee £100.

5.3 Due to the requirement to arrange staffing, transport, airport transfers, accommodation, activities and other aspects of the Residential in advance of the Arrival Date, where a cancellation is made less than 30 days prior to the Arrival Date, there will be no refund.

5.4 Should you cancel within the Cancellation Period after the Arrival Date we are under no obligation to offer a refund.

5.5 Notwithstanding the above, we may cancel a Residential no later than 10 Business Days before the Residential Start Date if there is low demand for the Residential in which case you will receive a refund of any Fees that you have paid.

5.6 We may cancel your booking if an event outside our control prevents us from providing your selected Residential, in which case we will refund any fees paid in accordance with clause 4.7 above.

5.7 Cancellation Extension for COVID-19

5.7.1 This clause outlines exceptional variations to our terms and conditions in response to the ongoing coronavirus outbreak.

5.7.2 If SBC takes the decision to cancel a residential due to Covid-19 the families will be offered a suitable alternative residential, or a full refund of all fees paid.

5.7.3 Should a pupil be unable to attend the residential due to a COVID-19 diagnosis, the pupil will be entitled to receive a full refund, postponement to later to a 2024 residential, for all fees paid (no charges), on producing proof of a positive diagnosis.

5.7.4 Pupils prevented from travelling to the residential on the residential start date due to international travel restrictions (i.e. country is on UK government’s Amber or Red travel list) will be entitled to receive a full refund, or rollover to 2024 residential, for all fees paid (no charges).

 

6. PAYMENT OF REFUNDS

6.1 Any refunds due to cancellation will only be given if it is permitted under clause 5 (Cancellation) and subject clause 9. No refund shall be given after the Residential Finishing Date.

6.2 We take complaints seriously and endeavour to reply to any formal complaint made in accordance with clause 17 below (“Complaint”). It is at our complete discretion to offer refunds should we feel that one is merited following a Complaint.

6.3 If you become entitled under these Terms to receive a refund then:

6.3.1 refunds will be paid in GBP and we will not be responsible for any bank fees or losses you suffer as a result of currency exchange fluctuations or exchanges; and

6.3.2 we will endeavour to pay refunds by the same means as you paid the Fees.

 

7. THIRD-PARTY SERVICES

7.1 All accommodation, campuses, cleaning and meals are provided by third party providers which are hired in advance of the Residential Start Date. We will use our reasonable endeavours to ensure that the facilities are suitable for the Residential and Pupils however the provision of the above are ultimately out of our control and we can give no guarantee as to the proper performance of the third parties.

7.2 If you send us any feedback on the facilities or meals provided, we will endeavour to pass it on to the respective provider.

 

8. PUPIL OBLIGATIONS

8.1 The Pupil attending the Residential agrees to:

8.1.2 attend all classes and Residential sessions;

8.1.3 refrain from using any audio or visual recording equipment during classes or practical sessions; and

8.1.4 comply with our health and safety rules and our Residential Rules (as set out below).

8.2 You agree and accept that you have informed the Pupil of the residential rules.

 

9. RESIDENTIAL RULES

9.1 We expect and hope that all pupils registered with SBC will have a residential to remember and make every effort to show respect at all times to fellow pupils and members of SBC staff.

9.2 The Residential Rules outlined below are designed to ensure that all the pupils and staff of SBC are able to enjoy the residential free from any unpleasant, intimidating or aggressive behaviour and in safety.

9.3 The breach of any Residential rule stated below by the Pupil may result in their dismissal from the Residential. Furthermore, if the Pupil breaks the law or displays aggressive, intimidating, or racist behaviour they will face instant dismissal from the Residential. Should the Pupil face instant dismissal, the Pupil will be withdrawn from the Residential with immediate effect and will need to return home at your expense at the earliest possible opportunity.

9.3.1 Pupils are expected to attend all meals, and arranged activities and excursions provided.

9.3.2 All damage to property, equipment and rooms will be charged to the Pupil.

9.3.3 Gratuitous or wilful damage to school or college property, public property or other pupils’ property may result in dismissal from the Residential.

9.3.4 Theft or suspected theft of school or college equipment or another pupil’s possessions may result in dismissal from the Residential.

9.3.5 Consumption or possession of alcohol by the Pupil (irrespective of age) is not permitted and will result in dismissal from the Residential.

9.3.6 Drug-taking or possession of drugs including psychoactive substances (in the UK formally known as legal highs) by the Pupil will result in instant dismissal from the Residential.

9.3.7 Consumption or possession of tobacco by a pupil may result in dismissal from the residential.

9.3.8 Racist or intimidating behaviour towards another pupil or member of staff will result in dismissal from the Residential.

9.3.9 In the school or college accommodation, girls and boys may only mix in the designated recreation areas.

9.3.10 Personal mobile phones must be turned off during all scheduled activities.

9.3.11 SBC reserve the right to search a pupil’s room if it is suspected they are breaking any of the Residential Rules.

 

10. PROMOTIONAL MATERIALS

10.1 We would like to use photographs, video clips and other media of pupils during the Residential for the purpose of SBC’s promotional material, including but not limited to;

10.1.1 future marketing;

10.1.2 advertisements;

10.1.3 our website and social media

We would also like to use any feedback received from Parents or Pupils alike and end of Residential surveys for the same purpose.

10.2 When applying for a Residential with us, please indicate your acceptance for us to be able to use such material for the purpose specified in clause 10.1 above by ticking the relevant box on the booking form.

 

11. VISITING A PUPIL

11.1 Due to logistics and to ensure a smooth running of a pre-planned itinerary, it is not possible to visit a pupil whilst they are on a residential.

 

12. TRAVEL ARRANGEMENTS

12.1 All travel details need to be confirmed in writing as to any changes that may occur. The cost of excess baggage is entirely the responsibility of the Pupil and SBC will not pay this charge under any circumstances. Please check the airline’s policy before travelling.

 

13. INSURANCE

All pupils attending a residential with SBC must have comprehensive travel insurance. SBC, in association with Endsleigh Insurance, provides all pupils with travel insurance. The Pupil will automatically be included on the insurance policy from the date of booking until the Residential Finishing Date.

 

14. LIABILITY & CHANGES

14.1 SBC has public liability Insurance. SBC liability to you and the Pupil will not exceed the value of the Fees actually paid by you to SBC except where such limitation would be considered unfair or unreasonable in law.

14.2 Nothing in these Terms shall operate to exclude any liability of SBC for fraud or fraudulent misrepresentation, personal injury or death caused by the negligence of the company or those employed by the company or anything else which SBC cannot by law exclude liability for.

14.3 The details of the programme have been published in good faith. We reserve the right to make any changes or alterations to any aspect of the Residential, in the event of unsuitable weather conditions or other factors beyond our control.

 

15. YOUR PRIVACY AND PERSONAL INFORMATION

15.1 Our privacy policy is available at here. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy, which explains what personal information We collect from you and how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

 

16. COMPLAINTS

16.1 If you have any complaints about the Residential, please raise this with us by contacting the Summer Boarding Courses Directors by email at:
complaints@summerboardingcourses.co.uk

16.2 If the dispute cannot be resolved using the SBC internal complaint handling procedure, SBC will:

16.2.1 let you know that SBC cannot settle the dispute with you; and

16.2.2 SBC will refer you to our governing body, English UK’s, Ombudsman service (www.englishuk.com/en/pupils/complaints-procedure)

 

17. GENERAL

17.1 We may transfer our rights and obligations under any booking to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.

17.2 This Contract is between you and SBC. Except as expressly set out under these Terms no other person shall have any rights to enforce any of its Terms.

17.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

17.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you or a Pupil, or if we delay in doing so, that will not mean that we have waived our rights against you or a Pupil and will not mean that you or the Pupil does not have to comply with those obligations.

17.5 SBC shall not be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control for example, natural disaster, outbreak of war or terrorist attacks.

 

18. GOVERNING LAW AND JURISDICTION

These Terms and Conditions are governed by the laws of England and Wales. Both parties agree to submit to the non-exclusive jurisdiction of the English courts to determine any dispute in relation to these terms and conditions.