Terms and Conditions for ETOs

These are the terms and conditions that apply to Language Travel Operators working with LAL Language Centres.

(For terms and conditions applying to students’ bookings, please click here to visit www.lalschools.com/terms)

1 Interpretation

a) For the purposes of these terms and conditions, Relevant Agreement means: the relevant agreement between the Suppliers and the ETO which incorporates these terms and conditions.

b) Headings do not affect the interpretation of the Relevant Agreement.

c) A reference to a person in the Relevant Agreement includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors and permitted transferees.

d) A reference to a company in the Relevant Agreement includes any company, corporation or other body corporate, wherever and however incorporated or established.

e) Words in the singular in the Relevant Agreement include the plural and vice versa.

f) A reference in the Relevant Agreement to one gender includes a reference to the other genders.

g) A reference in the Relevant Agreement to a particular statute, statutory provision or any subordinate legislation made under it is, unless expressly stated otherwise, to a statute, provision or subordinate legislation made in the UK and to such statute, provision or subordinate legislation as amended or re-enacted from time to time whether before or after the date of the Relevant Agreement.

h) A reference in the Relevant Agreement to writing or written includes faxes, pdf copies, other electronic copies and e-mail.

i) Where the words include(s), including or in particular are used in the Relevant Agreement, they are to be treated as having the words “without limitation” following them.

j) Any obligation in the Relevant Agreement on a person not to do something includes an obligation not to agree or allow that thing to be done.

k) Unless the context requires otherwise, in the Relevant Agreement references to conditions are to conditions of these terms and conditions, references to clauses are to clauses of the Relevant Agreement, references to the Schedule are to the Schedule of the Relevant Agreement and references to paragraphs are to paragraphs of the Schedule to the Relevant Agreement.

l) Terms defined in the Relevant Agreement and the Price Lists have the same meanings in these terms and conditions.

2) Suppliers’ obligations

a) Each of the Suppliers agrees to act in good faith and to:

i) provide the ETO with the necessary documentation and information relating to its Services;
ii) provide the Services advertised by it at the prices set out in its Price Lists (but subject to any relevant discounts detailed in the Schedule) and in accordance with the terms of the Relevant Agreement (subject to the Supplier’s right to accept or reject any application for any Booking or Services at its sole discretion);
iii) respond to questions and queries addressed to it from the ETO;
iv) inform the ETO if it accepts or rejects an Application;
v) produce necessary financial documentation relating to its fees and invoices swiftly and accurately;
vi) assist, where appropriate, possible and legally permissible, in obtaining visa documentation in relation to Bookings made with it; and
vii) deal with any student complaints relating to it as stated in that Supplier’s stated policies.

b) Each of the Suppliers may accept or reject any application for any Booking or Services addressed to it at its sole discretion.

c) No Supplier is liable for any failure to provide or for any delay in providing its Services in accordance with the terms and conditions of the Relevant Agreement or a Booking to the extent such failure or delay results from any failure of the ETO to comply promptly with condition 3.1 of these terms and conditions.

d) Each of the Bookings is a separate agreement made between the ETO and the Supplier named in the relevant Application and only the named Supplier may be liable in connection with the Booking. A Supplier who is not party to a Booking is not in any way liable in respect of it.

e) Obligations, covenants, undertakings and liabilities given or assumed by a Supplier in or arising out of the Relevant Agreement are given or assumed on an individual and several basis only by each Supplier. No Supplier is liable for a breach by another Supplier or for any other liability of another Supplier. The Suppliers are not jointly and severally liable in respect of the Relevant Agreement.

3) ETO’s obligations

a) The ETO agrees to act in good faith and undertakes to each of the Suppliers to:

i) promote sales of the Services by all reasonable means and endeavour to reach any agreed sales targets;
ii) ensure that its employees and/or sub-contractors shall have a thorough knowledge of the Services;
iii) ensure that its employees are fully aware of and understand the terms and conditions of the Relevant Agreement including these terms and conditions and comply with them;
iv) ensure that all Applications made by the ETO are complete and accurate in every detail and include all the information required by the relevant Supplier;
v) take every reasonable measure to ensure that every student who attends a Course meets all standards and criteria required to be met for the student to successfully and lawfully apply for any visas or licenses to enable the student to study; and
vi) not incur expenses on behalf of any of the Suppliers.

b) The ETO acknowledges and agrees that it does not act on behalf of any third party and that all Bookings shall be made by the ETO on its own account.

c) Nothing in the Relevant Agreement gives the ETO any rights in respect of any trade names or trade marks used by any of the Suppliers. The ETO agrees that it does not acquire any rights in respect of any such trade names or trade marks.

4) Prices and Payment

a) Prices are stated on the Price Lists and are valid from January to December for the year stated. The price of a Course is the price according to the relevant Price List for the year in which the Course is to take place. The prices for any year are not available until the September of the previous year. Irrespective of when a Booking is made the price for a Course will be that charged according to the relevant Price List for the year in which the Course is held. If a Course continues from one calendar year into the next calendar year, then the price for that part of the Course which takes place in the earlier calendar year will be that according to the relevant Price List for that earlier year and the price for that part of the Course which takes place in the subsequent calendar year will be that according to the relevant Price List for that subsequent year.

b) If the ETO fails to pay any amount due to any Supplier in accordance with the provisions of the Relevant Agreement (and the Schedule to it) or a relevant Booking, then the Supplier may charge interest at the rate of 8% per annum above the Bank of England base lending rate from time to time until full payment is received. In addition to charging interest the Supplier may charge a one-off compensation fee dependent on the value of what is due as stated in the Late Payment of Commercial Debts (Interest) Act 1998.

c) Any sum payable to the ETO will not be paid by a Supplier unless and until the Supplier has received an appropriate invoice and the Supplier has been paid in full by the ETO in respect of all Bookings relating to that payment.

d) Each of the Suppliers may increase prices to take account of any governmental regulations, tax increases, exchange rate variations or other events which increase the Supplier’s costs.

e) Fees and other amounts payable to a Supplier in respect of a Booking are exclusive of value added tax chargeable under the Value Added Tax Act 1994 and any similar, replacement or additional tax applicable anywhere in the World (VAT). If VAT is payable, the Supplier will add the VAT at the applicable rates to the amount payable. The ETO must, on receipt of a valid VAT or other invoice from the Supplier, pay the Supplier the additional amounts in respect of VAT.
f) A student may be prohibited from starting a Course or be expelled from it if the ETO has not paid for it according to the payment terms of the applicable Booking and Relevant Agreement.

5) Cancellations

a) The ETO may cancel a Booking (or part) provided the ETO does so by written notice to the Supplier School, which the Supplier School must receive not less than 14 days before the first day of the relevant Course (Start Date).

b) If the ETO cancels a Booking (or part) by written notice to the Supplier School which is received by the Supplier School not less than 14 days before the relevant Start Date, any fees the ETO has paid for the Course will be refunded except for registration fees and one week’s tuition and (where applicable) one week’s accommodation fees (all such fees being specified in the relevant Price List).

c) If the ETO cancels a Booking (or any part of it) less than 14 days before the Start Date of the relevant, any refunds are entirely at the Supplier School’s discretion.

d) If the ETO cancels due to a student’s visa refusal, a full refund of all fees paid (less delivery charges and any agreed third party accommodation fees) will be made, provided the Supplier School receives written notice and official documentary evidence supplied by the embassy or consulate or border official from the ETO of such cancellation prior to the Start Date of the relevant Course.

e) If a Course is terminated after the Start Date, or if a student who was to attend any Course fails to present himself or herself at the LAL language centre of the Supplier School, at which the Course is run, on the Start Date of the Course without the ETO having previously cancelled the Course, the following charges will be made:

i) a maximum of four weeks’ tuition at the rate charged
ii) four weeks’ accommodation fees
iii) all fixed fees paid;
iv) remaining tuition fees only will be credited to the student to be used within 24 months of the course start date and remaining accommodation fees will be refunded. For courses of less than four weeks, no refunds will be given.

or, in the case of Young Learner packages:

v) a maximum of four weeks‘ package fees and remaining package fees will be refunded.
vi) for packages of less than four weeks, no refunds will be given.

f) Insurance premiums are subject to one month’s charges on or after the Start Date.

g) If the ETO cancels a Booking not less than 14 days before the Start Date, any insurance premium fees paid will be refunded.

h) If the ETO cancels a Booking less than 14 days before the Start Date, any refunds will be entirely at the Supplier School’s discretion, in accordance with the insurance company’s cancellation terms.

6) Assignment and sub-contracting

a) The ETO may not assign, transfer or sub-contract any of its rights, benefits or obligations under the Relevant Agreement without the prior written consent of the Suppliers. The ETO may not assign, transfer or subcontract any of its rights, benefits or obligations under any Booking without the prior written consent of the Supplier which is party to such Booking. Each of the Suppliers may assign, transfer or sub-contract its rights and obligations under the Relevant Agreement or any Booking.

7) Confidentiality

a) The ETO and each of the Suppliers agree to act at all times to maintain the confidentiality of information which any of them reasonably considers to be confidential.

8) Term

a) The Relevant Agreement starts on the date of the Relevant Agreement and continues, subject to the other terms and conditions of the Relevant Agreement, unless and until terminated by:

i) each of the Suppliers giving to the ETO not less than one calendar month’s written notice to that effect to expire on or after the first anniversary of the date of the Relevant Agreement; or
ii) the ETO giving to each of the Suppliers not less than one calendar month’s written notice to that effect to expire on or after the first anniversary of the date of the Relevant Agreement.

b) The Suppliers may terminate the Relevant Agreement with immediate effect by each of them giving written notice to the ETO if:

i) the ETO commits a material breach of any of its obligations under the Relevant Agreement and fails to remedy the breach within a period of 10 days after receipt of notice in writing requiring it to do so; or
ii) the ETO ceases to carry on all or substantially all of its business.

c) The ETO may terminate the Relevant Agreement with immediate effect by giving written notice to each of the Suppliers if:

i) the Suppliers commit a material breach of any of their obligations under the Relevant Agreement and fail to remedy that breach within a period of 10 days after receipt of notice in writing by each of them requiring them to do so; or
ii) the Suppliers cease to carry on all or substantially all of their businesses.

d) Termination of the Relevant Agreement does not prejudice any of the parties’ rights and remedies which have accrued as at termination.

9) Obligations on termination

a) On the termination of the Relevant Agreement each party must promptly return to the owner all materials and property belonging to another party in connection with the Relevant Agreement.

10) Survival of obligations

a) The termination of the Relevant Agreement (however arising) shall not affect: any payment which is owing; any other accrued rights; or any provision of the Relevant Agreement which is expressed or intended to come into force or continue in force on or after termination.

11) Variation and waiver

a) Any variation of the Relevant Agreement must be in writing and signed by or on behalf of the parties.

b) Any waiver of any right under the Relevant Agreement is only effective if it is in writing. A waiver only applies to the party to whom the waiver is addressed and to the circumstances for which it is given.

c) No failure to exercise or delay in exercising any right or remedy provided under the Relevant Agreement or by law is a waiver of such right or remedy and it does not prevent any future exercise or enforcement of such right or remedy.

d) No single or partial exercise of any right or remedy under the Relevant Agreement prevents or limits the further exercise of any such right or remedy or any other rights or remedies.

12) Notice

a) A notice given under the Relevant Agreement:

i) must be in writing in the English language;
ii) must be sent for the attention of the person, and to the address, given in this condition 12 (or such other address, or person as the relevant party may notify to the other parties in accordance with the provisions of this condition 12); and
iii) must be: delivered personally, or sent by pre-paid first-class post or recorded delivery, or (if the notice is to be served by post outside the country from which it is sent) sent by airmail requiring signature on delivery.

b) The addresses for service of notice in respect of each party are the addresses given for each of them at the head of this document and a notice:

i) if delivered personally, is received at the time of delivery; or
ii) in the case of pre-paid first class post or recorded delivery, is treated as received 48 hours from the date of posting; or
iii) in the case of airmail, is treated as received five days from the date of posting; or
iv) if receipt of it under the previous paragraphs of this condition 12.2 is not within business hours (meaning 9.00 am to 5.30 pm Monday to Friday on any day (other than a Saturday, Sunday or public holiday) when banks in London are open for business in the place of receipt), is treated as received on the next such day in the place of receipt.

c) To prove service, it is sufficient to prove that the envelope containing the notice was properly addressed and posted.

13) Entire agreement

a) The Relevant Agreement, its provisions (including these terms and conditions and the Schedule), Price Lists, Suppliers’ requirements as set out on the Website , and other provisions referred to in any of the same constitute the whole agreement and understanding of the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter of the Relevant Agreement. Each party acknowledges that, in entering into the Relevant Agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in the Relevant Agreement, provided always that nothing in this condition shall limit or exclude any liability for fraud.

14) Rights of third parties

a) No term of the Relevant Agreement is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the Relevant Agreement, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.

15) Execution and counterparts

a) The Relevant Agreement (and variations to it) may be executed in any number of counterparts, each of which when executed and delivered constitutes an original. All the counterparts together form the same agreement. The Relevant Agreement (and variations to it) may be made by an exchange of pdf (or other electronic) copies of the executed counterparts on an electronic messaging system and a counterpart may be delivered by transmission of a pdf (or other electronic) copy on an electronic messaging system.

16) No agency

a) Nothing in the Relevant Agreement shall create, or be deemed to create, a partnership or the relationship of principal and agent or employer and employee between the parties.

17) Anti-corruption

a) The ETO agrees not to engage in any activity, practice or conduct which would be an offence under the Bribery Act 2010 or under any other laws applicable to the ETO and also agrees that it has and will maintain in place adequate procedures designed to prevent any associated person of it from undertaking any conduct that would give rise to an offence under section 7 of the Bribery Act 2010 or an offence under any other laws applicable to the ETO.

18) Accommodation

a) The Supplier School will advise the ETO on a variety of accommodation options. The ETO must book accommodation for each student attending a Course for the Start Date of the student’s Course until the day before the date on which the Course ends unless the ETO is informed to the contrary by the Supplier School. Accommodation arrangements are the ETO’s responsibility unless the Supplier School agrees in the Booking to provide the necessary accommodation.

19) Changes and Amendments

a) When a Course has started, no changes may be made to it without the written agreement of the Supplier School. If the Supplier School approves a change, the ETO must pay the additional charges arising from the change. The Supplier School will not make the change until the ETO has paid the additional charges to the Supplier School. Any change which results in a shortening of a course and/or reduction in provision of LAL accommodation will be subject to the following:

i) Tuition
(1) 100% of course fee to be credited to the student to be used for Private Tuition only or
(2) one week’s course as cancellation fee and refund of remaining fees

ii) Accommodation
(1) 2 weeks’ fees for homestay
(2) 4 weeks’ fees for LAL residence
(3) Hotel or other third party provider will be according to their terms and conditions

20) Conduct

a) All students and employees or other representatives of the ETO must comply with the Supplier’s standards of conduct and policies posted on the Website. All students and employees or other representatives of the ETO are expected to behave in a courteous manner and to respect fellow students and staff. The illegal use of drugs, alcohol abuse and inconsiderate behaviour is unacceptable. Students must comply with the laws and customs of the Supplier School’s location. The Supplier School may withhold Courses and accommodation from any student who fails to meet such standards and terminate a Course (or part of a Course) without refund.

21) Courses

a) Start Dates are set out in the Price Lists. The Supplier School may cancel a Course if it considers, in its sole discretion, that there are not enough students for the Course, or provide the ETO with an alternative Course which the Supplier School, in its sole discretion, considers suitable. The Supplier School may change the premises referred to in the relevant Booking, where classes are to take place, to alternative premises of a similar standard.

22) Competency Levels

a) Courses are normally offered at five levels of language learning (CEFR levels in brackets): Elementary (A1) / Pre-intermediate (A2) / Intermediate (B1) / Upper–Intermediate (B2) and Advanced (C1). Other teaching levels may be available by arrangement.

23) Certification and Attendance

a) A student must attend a minimum of 80% of the lessons scheduled for a Course (85% for Cape Town, due to visa regulations) in order to receive a certificate of attendance at the end of the Course. Students whose attendance falls below this level may be asked to leave the Course. Students who require visas who fall below the required attendance level will be reported to the appropriate government immigration authority.

b) There will be a charge of 20GBP/30USD/25EUR for a paper replacement of an LAL certificate of attendance, sent by first class mail. Please refer to our Price List for a charge if sent by courier. Electronic versions are free of charge. External examining body replacements such as Cambridge, IELTS, TOEFL, TOEIC are subject to the examining body’s fee plus an administration fee of 10GBP/10USD/10EUR.

24) Data Protection

a) LAL requires that all ETOs and their employees comply with current Data Protection legislation, to include compliance with General Data Protection Regulation (GDPR) (EU) 2016/679. This must include a Privacy Policy on your website which explains how you handle, manage and store data.

25) Descriptions

a) The Supplier School believes that all statements made in promotional material are factual and correct. Every reasonable effort has been made to ensure such accuracy. The Supplier School is not responsible for any changes that become known after promotional material is produced. The Supplier School will advise the ETO of any material changes which become known to, it prior to the Start Date.

26) Entrance Test

a) Where a Course requires a minimum competency level, a student intending to attend the Course will be required to complete and submit a test approved by the Supplier School. Failure to do so may result in the student being unable to take the Course. Any false or fraudulent test or other information relating to a student’s competency level submitted by a student or ETO constitutes a gross breach by the ETO of the Relevant Agreement and of the Booking to the extent that it relates to that student. The Supplier School may expel the student from the Course and/or any premises of the Supplier School without refund, and immigration and other authorities will be informed.

27) Expulsion

a) A Supplier School may expel a student from a Course and/or any premises of the Supplier School without refund if:

i) the ETO provides false or fraudulent information in respect of the student in an Application, in correspondence or dealings with the Supplier or:
ii) if the student commits a criminal offence, or:
iii) does not attend a Course to the Supplier School’s satisfaction, or:
iv) provides false information in the Application, in correspondence or dealings with the Supplier School, or
v) is guilty of disorderly, drunken, aggressive or threatening behaviour or any other action which could bring the Supplier School into disrepute.

In such cases, immigration and other authorities will be informed where appropriate.

28) Health

a) All students attending any Course must be in good physical and mental health at the Start Date of that Course and the Supplier School may require a student to leave a Course at the ETO’s own expense if the ETO fails to declare any material matters relating to the student’s health in the Application. The ETO is responsible for all costs of medical and dental treatment in respect of students attending any Course.

29) Immigration Regulations

a) The ETO must ensure that it and all students attending a Course fully understand and comply with immigration regulations in the location of the LAL language centre of the Supplier School at which the Course is run. It is the responsibility of both the ETO and the student to ensure that the student meets and complies with immigration regulations. If a student is refused entry into the territory of the relevant language school by immigration authorities, the Supplier School will not refund any fees paid.

30) Insurance and Limitation of Liability

Adults (18 years or over)

a) The ETO should arrange suitable insurance for every student attending a Course in respect of travel and medical risks and may be required to provide evidence to the Supplier School of adequate insurance on arrival or at any time during the Course.
Minors on adult courses

b) The ETO must arrange suitable insurance for every student under 18 attending a Course in respect of travel and medical risks and may be required to provide evidence to the Supplier School of adequate insurance on arrival or at any time during the Course.

Minors (17 years or under)

c) All LAL students on Young Learner packages are covered by LAL’s insurance provision.

All students

d) It is the responsibility of the ETO and of students attending a Course to satisfy themselves that the provision of this insurance is adequate to meet their needs. This also applies to students who are supplied insurance whether paid or unpaid as a consequence of booking a Course.

e) Students are responsible for their own personal belongings. The Supplier School will not be held responsible for stolen, lost or damaged items belonging to students. The Supplier School is not liable to the ETO or to a student for any injury, death, costs related to medical or dental treatment, or costs related to repatriation or for any other losses, damages (whether direct or indirect), compensation, costs or expenses unless it is negligent.

f) The Supplier School is not liable to the ETO or to a student for any loss, damage, costs, expenses or other claims for compensation arising from any information or instructions supplied by the ETO or the student which is, or are incomplete, incorrect or inaccurate. Where the Supplier School incurs costs because of incomplete, incorrect or inaccurate information, the ETO will be liable for those extra costs.

g) Nothing in any agreement between the ETO and a Supplier School affects any liability for death or personal injury caused by the Supplier School’s negligence or for fraudulent misrepresentation, or any statutory rights, if any, as a consumer the ETO may have.

31) Lesson Times

a) Indicative lesson times are set out on the Website and in our brochure. The Supplier School may change such lesson times at any time at its sole discretion.

32) Matters Beyond the Supplier School’s Control

a) The Supplier School will endeavour to provide the Course and services the subject of a Booking. However, the Supplier School does not take responsibility for disruptions to a Course, services or associated arrangements resulting from any event out of the Supplier School’s control, such as (but not limited to) act of God, flood, drought, earthquake or other natural disaster, epidemic or pandemic, terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations, nuclear, chemical or biological contamination or sonic boom, any law or action taken by a government or public authority (including failing to grant a necessary licence or consent), compliance with government actions, collapse of buildings, fire, explosion or accident, labour or trade dispute, strikes, industrial action or lockouts, non-performance by any sub-contractors of the Supplier or by any third party, or interruption or failure of a utility service. Refunds in respect of the disruption or shortening of a Course or the period of a relevant student’s stay in the Supplier School’s location will not be made in such circumstances.

33) Minors (under 18s)

a) ETOs will remind all students under the age of 18 that:

i) they are subject to a curfew in their accommodation – the time will be advised on arrival at the school.
ii) all students, regardless of age, attending our Young Learner courses are subject to rules, regulations and laws relating to minors, including Child Safeguarding practices.
iii) LAL requires the parents or guardians of any minor attending any of our courses (including any student aged 18 on a YL course) to complete our online Welfare and Consent Form.
iv) immigration authorities may require a parental consent form if the minor is travelling alone. It is the student’s responsibility to inform themselves about this and provide the correct document to the relevant immigration authority.

34) Photography, Filming and Sound Recording

a) During the course of a student’s stay, the Supplier School may arrange to record, photograph or shoot video footage for its promotional purposes. Further approval from the student will be requested at the time of the recording, photography or filming. Any student, or parent or legal guardian of a student under the age of 18 years, who agrees to participate can state this on their Application Form and Welfare and Consent Form for students under the age of 18. In addition, a student may be asked to complete a consent form at the time of filming, photography or recording.

35) School Closures

a) National holidays and school closure dates may vary according to location and are set out in the Price Lists. No reductions are made to prices in respect of closures on such dates. No additional lessons will be provided except where private tuition has been booked.

36) School Rules

a) School rules, regulations and policies will be provided by the Supplier School and can be found on the Website. The ETO and all students attending a Course must comply with such rules and regulations.

37) Travel and Transfers

a) Course fees do not include flights or other transport to the LAL language centre of the Supplier School at which the Course is run, except where specified. The ETO must make travel arrangements for the students who attend a Course. The Supplier School may offer a transfer from the airport of arrival to a student’s accommodation (“Transfer”) subject to the payment of additional charges. If a Transfer is available, the ETO must request the Transfer in the applicable Application and provide the Supplier School with full details of the relevant flight and arrival time at least 21 days before the applicable Start Date. All costs incurred by the Supplier School because of incorrect, delayed or inadequate information provided by the ETO, or because of any student’s delayed arrival at the relevant airport, will be charged to the ETO.

38) Visas

a) A student attending a Course may require a visa to study in the place where the Course takes place. The Supplier School will assist the ETO in connection with the ETO’s or student’s initial application for a visa but in all other respects it is the ETO’s and the student’s responsibility to apply for and obtain a visa where necessary.

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