STANDARD TERMS AND CONDITIONS OF SERVICE

  1. Definitions
    • “Carer” means the person or persons who attend the Course, or any part of it, with the Pupil and such term shall include the parent or legal guardian of the Pupil and/or the person appointed by the parent or legal guardian to have care and control of the Pupil.
    • “Contract” means any contract between the Carer and Bee Spanish in respect of a Pupil’s attendance on a Course, incorporating these Terms.
    • “Course” means a series of children’s Spanish classes taught by Bee Spanish in such format as Beespanish shall from time to time determine.
    • “Enrolment Form” means the form relating to the enrolment of the Pupil on the Course attached to these Terms
    • “Fee” means the amount payable for the Course as specified on the Enrolment Form or Invoice.
    • “Invoice” means the invoice attached to these Terms.Bee Spanish” means the franchise owned and operated under licence from Bee Spanish
    • “Premises” means any building from which Bee Spanish operates the Course.
    • “Pupil” means the child referred to in the Enrolment Form.
    • “Teaching Term” means a period of up to twelve teaching weeks commencing and ending on the dates specified by Beespanish from time to time or such other period as Beespanish may, at its entire discretion, specify from time to time.
    • “Terms” means these terms and conditions and any special terms and conditions agreed in writing by beespanish and the Carer.
  2. Acceptance of Terms and Conditions
    • These Terms are the terms and conditions upon which the Pupil is accepted on a Course by Beespanish. The Terms may be amended or updated by beespanish from time to time and such amendments shall be advised to the Carer in writing.  All references to the Terms shall mean the Terms as amended or substituted from time to time.
    • No variations or addition to the Terms shall be binding unless agreed in writing by beespanish
    • The Terms shall be deemed to have been accepted and agreed to by the Carer upon payment of the Fee or upon the Pupil attending a Course, whichever is the earlier.
  3. Fee and Payment
    • Payment of the Fee shall be due by the Carer to beespanish prior to the Pupil commencing the Course. Time for payment shall be of the essence unless beespanish agrees otherwise in writing.
    • VAT, if applicable, shall be added to the Fee at the current rate from time to time in force.
    • Subject to clauses 4.2 and 7.2, the Fee is non-refundable except with the prior written agreement of spanish.
    • Notwithstanding anything in these Terms, beespanish reserves the right to increase the Fee in respect of a subsequent Teaching Term on 28 days’ written notice. In the event of a change in the Fee or any material change to these Terms the Carer may, by serving written notice on beespanish within 7 days of the date of beespanish’s notice of such change, terminate the Contract.
  4. Cancellation
    • beespanish may cancel the Contract in its absolute discretion, at any time before the Pupil commences the Course for any reason whatsoever. beespanish shall not be liable for any loss, damage or expenses whatsoever arising from such cancellation.
    • In the event of cancellation by beespamish prior to the commencement of the Course by the Pupil, beespanish will refund any Fee paid.
  5. Carer’s Responsibility
    • The Carer warrants and represents that:
      • the information set out on the Enrolment Form is accurate in all respects and that the Carer will notify beespanish of any change of such information immediately.
      • when attending the Course, neither the Pupil nor the Carer will be suffering from any infectious or contagious diseases.
      • When attending the Course, the Carer will not use any photographic or recording equipment.
    • The Carer acknowledges and agrees that the Pupil shall be deemed to be under his or her direction, care and control throughout the Course and the Carer shall be responsible for the welfare and conduct of the Pupil throughout the Course and whilst the Pupil is on the Premises.
    • The Carer undertakes to comply with all health and safety rules and procedures which may be in place at the Premises.
    • The Carer shall indemnify and keep indemnified beespanish against all loss (including loss of profit), liability, costs and expenses which beespanish shall incur directly or indirectly as a consequence of any act or omission by the Carer or the Pupil.
  6. Discipline
    • In the event that beespanish in its sole and absolute discretion determines the behaviour of the Pupil and/or the Carer to be unacceptable, beespanish shall be entitled to exclude the Pupil and/or the Carer from the Course and Premises permanently or for such period as beespanish shall (in its absolute discretion) determine and in such circumstances the Fee will not be refunded.
  7. Exclusions of Liability
    • beespanish warrants that (subject to the other provisions of these Terms) the Contract will be performed by beespanish using reasonable skill and care.
    • If beespanish’s performance under the Contract does not conform with the warranty in clause 7.1, beespanish shall refund the Fee or such part of the Fee as beespanish considers reasonable in its sole and absolute discretion.
    • If beespanish complies with clause 7.2, it shall have no further liability for a breach of the warranty in clause 7.1.
    • All other warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
    • Nothing in these Terms excludes or limits the liability of beespanish
      • for death or personal injury caused by the negligence of beespanish, its teachers, employees or agents;
      • for fraud or fraudulent misrepresentation; or
      • for any matter which it would be illegal for beespanish to exclude or attempt to exclude its liability.
    • Subject to the provisions contained in this clause 7, beespanish, its teachers, employees or agents shall not be liable for any loss (consequential or otherwise), damage, expense or delay suffered or incurred by the Carer, the Pupil or any other party arising directly or indirectly or in any way connected with the attendance of the Pupil on the Course including but not limited to, the unavailability of a teacher, the postponement or cancellation of the Course (or any part of it) or any other act or omission on the part of beespanish or any of its teachers, employees or agents even if such act or omission is negligent.
    • Subject to the provisions contained in clause 7.5, the Carer acknowledges (for and on behalf of the Carer and the Pupil) that the maximum aggregate liability of beespanish to the Carer and/or Pupil under these Terms shall not exceed the Fee.
  8. General
    • Any notices to be sent by either party to the other shall be sent by pre-paid first class post or hand delivered to the address of the relevant party and shall be deemed to have been received by the addressee within 48 hours of posting if sent by post, and immediately if hand delivered so long as delivery occurs during normal business hours on a normal business day.
    • beespanish has a Child Protection Policy which can be made available to a carer to view during a Course upon request.
    • Whilst beespanish believes that the Terms are fair and reasonable, if any provision contained within them or any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Terms and/or the Contract shall continue in full force and effect.
    • These Terms constitute the entire agreement between the parties hereto and supersede all prior agreements and understandings between the parties. It is agreed that no statement, promise or inducement whether written or oral alleged to have been made by either party and which is not contained herein shall be binding or form part of the Contract.
    • Save to the extent expressly set out in these terms and conditions, these terms and conditions are not intended nor shall they create any rights, entitlement, claims or benefits enforceable by any person that is not party to these terms and conditions.
    • The failure of beespanish to exercise or enforce any right under the Contract shall not be deemed to be a waiver of that right nor operate to bar the exercise of enforcement of it at any time or times thereafter.
    • All matters relative to these terms and conditions shall be governed and construed in all respects by Scots law and the parties hereby submit to the non-exclusive jurisdiction of the Scottish Courts.