1) Identification of parties

The present Terms & Conditions of the offered services of the URL-website www.studentsphere.com have been accepted:

By the party Quality Choice Worldwide S.L. (hereinafter referred to as `The Company´) with CIF B-64386378 and based in C/Girona 38, 08010 Barcelona (Spain), phone number: 0034-93.301.1599 and fax number: 0034-93.317.1254 and inscribed to the commercial register of Barcelona, volume 39123, page 0185, general section, sheet B-338803, inscription 1ª.

And by the party “client” or the person in whose name the reservation was made.

 

2) Definitions and interpretations of these conditions

The following General Terms & Conditions are based on the Spanish legislation, in concrete on the law about the rearrangement of general terms & conditions 7/1998 of April 13th, 1998 and the law 16/1984 of July 19th, 1984. Besides other legislations, these laws contain further information about the protection of consumers and users and obligate both parties to accept these legitimate regulations and to fulfill the contractual conditions.

The General Terms & Conditions can be saved and printed by our clients – which we strongly recommend. The Company also recommends all customers to store a copy of the inscription form, which they have sent to the Company in order to make a reservation for a language course, since this data is not accessible to the client at a later point of time.

Any corrections and changes of data of the customer need to be send immediately to the following E-Mail address of the Company: info@studentsphere.com.

 

3) Courses and offered service

The Company offers a range of language level options, which are divided into various language levels. The different language levels of the courses vary depending on the state of knowledge of the student - from beginner to advanced are all levels available. Upon arrival, all students (except absolute beginners) will take a written or oral test to determine at what level they should begin their studies.

The number of course lessons corresponds to the particular school's practice and one lesson may last from 40-60 minutes - the number of minutes per lesson is usually shown in our page of prices, in the section called “courses”. The exact number of hours shown in our website may be somewhat reduced due to the initial level test which usually takes place on the first Monday of the course (sometimes no classes are missed, often the first 2 lessons are missed, and occasionally the whole of the first Monday is missed). There may also be some missed hours due to evaluation testing during the course (often on Fridays every 2 or 4 weeks).

The Company does not accept any liability for lessons missed due to these reasons and no refunds will be given where lessons are missed due to testing. In the rare event that you are the only student of your level, and you are enrolled on a group course, the school may offer you individual tuition up to the value you have paid for group classes, rather than put you in a class at the wrong level.

The Company will not refund any monies to a client who applies for a course requiring a specific level and is then found to be unable to join the course after the initial level test. In this case, the client will be offered a suitable alternative by the school and any difference in price (if the alternative course is less expensive) will be refunded by the Company. In cases where there are insufficient numbers to run a group class, a reduced number of individual classes may be offered or the course may be offered at another school of similar standard. You must inform the school staff immediately of any situation affecting the quality of your program (including but not limited to course or accommodation). The Company reserves the right to refuse a refund if you have declined to accept reasonable solutions offered to you by the school staff or the Company. Matters outside of the control of the school or the Company shall not be considered for refunds.

 

4) School Rules and Regulations

The Company cannot be held responsible for providing supervision of any kind either through the schools or through the host families. Participants are expected to be courteous and respectful guests. Illegal drug use or abusive behavior at any age or alcoholic consumption by minors will not be tolerated. The Company reserves the right to refuse to serve, to cancel and/or terminate participation for any person who fails to comply with the policies of the program provider (e.g. the school, program organizer), or for any other reason deemed necessary, in the sole discretion of the Company.

 

5) Under 18

Neither the Company nor the school or host family will provide any kind of supervision for anyone under 18 attending an adult program. All students under the age of 18 must include a completed waiver, signed by both themselves and their parents, with their enrolment. No enrolment will be considered without a signed waiver.

 

6) Materials and Transfers

Course materials, examination fees, airport transfers, and the cost of activities and excursions are not included except where specifically stated.

 

7) Arrival and departure day

If you have booked an airport pick-up or one is included in the program of your choice, the Company must receive your arrival information at least 2 weeks prior to your start date. Airport pick-ups will only transfer you from the designated airport for your school to your program accommodation. If you have no airport pick-up booked or included and do not send us your arrival information we cannot guarantee that your host family/landlord will be available to greet you upon arrival. Any additional costs (hotel, taxis, etc) incurred due to your failure to provide the Company with your arrival information at least 2 weeks in advance, are your responsibility.

Where accommodation is shown for one week, this means 6 nights from Sunday to Saturday, unless otherwise indicated. However, if you spend less than 6 nights in your accommodation in any particular week, you will not receive any discount. Extra night/s accommodation can be booked at the time of enrolment for an additional cost (subject to availability).

 

8) Activities and Excursions

Descriptions of activities and excursions which accompany the language courses are for guidance only, unless specifically noted in the confirmation invoice. Some activities may not run at all or may be substituted by other activities. In low season, there may be no activities organized at all.

 

9) Public Holidays

Where a course takes place during a public holiday, no lessons will take place on that day and no reduction in price will be given except where specifically stated. Individual classes are usually rescheduled (but not always) but group classes are usually forfeited. Please consult a list of public holidays (although it is the client's responsibility to check these since they are often subject to change).

 

10) Booking and Payment

No contract is made between the Company and the client and no booking is valid until the Company has issued a confirmation invoice by post, fax or e-mail. (An e-mail acknowledging receipt of an order does not constitute a confirmation invoice.) The Company will issue this confirmation invoice after it has received a completed booking form and the first payment. If the full balance of the holiday price is not paid by the due date shown on the initial confirmation, the Company reserves the right to cancel the client's booking and to impose the cancellation charges, stated below.

 

11) Prices and Surcharges

The charges which make up the total holiday price plus any applicable supplements and surcharges will be as stated on our website (prices in any printed brochure supplements, advertisements or other materials are for indication only). The prices are valid for holidays until further notice but are subject to change at any time (prices for an online order may also be subject to change if they are not accompanied by full payment or a deposit - once a deposit or full payment is made, the prices will not change, even if they are changed on the website). If your company requires a VAT invoice, this should be indicated at the time of booking. For guidance, your holiday price may also increase because of surcharges on the following items: governmental action and adverse currency fluctuations. Should there be a favorable currency fluctuation, the Company reserves the right to leave prices unaltered. The prices shown on our website were calculated at January 2010 on the basis of then known costs and the exchange rates at that time. So, any currency rate is a guideline only, and the amount you are charged can depend on the exact exchange rate at the time of payment.

 

12) Changes by the Company

The Company will do its utmost to provide the arrangements that have been confirmed, but it must reserve the right to modify or cancel any holiday, course, accommodation or itinerary if unforeseen circumstances arise. If the Company cancel or significantly alter an essential element of the client's holiday for reasons of Force Majeure, on or before the date when the payment of the balance becomes due, the Company shall inform the client as soon as possible and shall offer them the choice of an alternative holiday of at least comparable standard if available. If the Company is unable to offer an alternative of similar price, the Company will offer the nearest available alternative and will refund the difference paid by the client.

 

13) Liability of the Company

While participating in this program you may be exposed to certain risks. These risks include, but are not limited to, accident and/or sickness without readily available medical facilities, the forces of nature, acts of war. By making a contract with us you are acknowledging and assuming these risks. Participants in any Company program waive any liability against the Company and its employees, for any injury, loss, damage, accident, expense or delay caused by or related to means of transportation or lodging (including host families). The participant understands that he/she is travelling under his/her own responsibility (if a minor, the parents or guardian assumes this responsibility) and releases the Company and its employees from any liability related to health and safety.

 

14) Changes by the Client

If the client wishes to change their booking in any way after the confirmation invoice has been issued, they must inform the Company immediately, in writing, and the Company reserves the right to charge 65 Euros per person per change to cover the additional administration involved, plus any additional charges imposed by schools or other suppliers.

Changes can just be performed, if the Company has received them eight (8) weeks in advance before the course starts. In the case of a change of the course date, the new starting and ending date need to be arranged before December 31st of the same year. The change of date depends on the availability of the school and their conditions. Further, more than one change is not accepted.

 

15) Cancelation by the Client, Visa Problems and Refunds

If the client wishes to cancel their booking this must be done in writing by the person who signed the booking form or who made the online order. The letter has to be sent by fax to the following Fax number: +34 933.171.254. The date of cancellation will be taken as the date that the Company receives the letter by fax.

In case of a cancelation on the side of the customer (regardless of the reasons), the deposit is non-refundable. In addition, the client is obliged and is always held accountable (regardless of the already paid deposit) to pay the following cancelation fees.

The cancellation charges are:

• 47 days or more before the start date = 20% on total amount.
• between 33-46 days before the start date = 40% on total amount.
• between 12-32 days before the start date = 60% on total amount.
• between 1-11 days before the start date = 100% on total amount.

After a course has started there is no refund for any course, accommodation or other item booked.

It is the client's responsibility to have a valid passport and all visas required to enter the country in which the program is taking place. Please give yourself sufficient time to apply for any necessary visas. Only the consulate or embassy of the country you are visiting can advise you on the necessity of a visa and the time frame needed to apply for it.

Please note: there may be a fee involved should you require an invitation letter from the school in order to apply for a visa to participate in a Company program. Fees vary depending on the school you will be attending and the advance notice of the request. You will be informed at the time of request about any fees. Should the original of an invitation letter from the school be necessary, please leave a minimum of 4 weeks for it to be sent by post. Any additional costs related to the sending of an invitation letter will be the responsibility of the student. Visa letters will only be sent to you once full payment of your program fees has been received.

Where a client has made a reasonable attempt to obtain a visa for the destination country within a reasonable timescale but is unable to obtain the visa, all money and deposits will be returned subject to a 100 Euros administration charge on receipt of written confirmation from the relevant consulate detailing the visa rejection (only original documents will be accepted). Notification of visa rejection must be made to the Company in writing and sent by fax to the following fax number: +34 933.171.254 at least six (6) weeks before the start date of the course or accommodation booking. The date of notification will be taken as the date that the Company receives the letter by fax.

If the Company has received the notification of cancelation in less than six (6) weeks before the course starts, the client needs to pay the cancelation fees according to our second and third paragraph of this 15th point of the General Terms & Conditions (see above).

 

16) Early Returns

No refund will be given for early returns. However, if you must cancel your program due to a personal emergency or other unforeseeable cause, please notify the Company in writing as soon as possible prior to your departure from the program and we will review your claim. The Company reserves the right to make final decision on any refunds.

 

17) Descriptions

The Company honestly believes that all statements made in its brochure or website are factual and correct. Every reasonable effort has been made to describe the schools and environs and to provide the amenities described. The Company cannot therefore be held responsible for any changes that become known after the brochure was produced (up-to-date information can be found on the website), nor can the Company accept liabilities for happenings outside its reasonable control. The Company undertakes to advise the client of any material changes known to it prior to the client's departure.

 

18) Special Requirements

Any special requests must be made to the Company by writing in the booking form.

19) Insurance

Clients are not covered against accident, illness, loss of personal property or any other holiday risks. A holiday insurance that covers against all holiday risks during the entire holiday period is strongly recommended by the Company to all clients – this insurance can be organized by the client on his own or by the company by just selecting the insurance offer given online.

 

20) Handling of personal data

Relating to the law 15/1999 of December 13th, 1999 (act on protection of personal data) we would like to inform you that personal customer data is added to the customer database of Quality Choice Worldwide S.L. until the end of the contract in order to implement requested and booked services (for example, data can be forwarded to credit institutions with which we are cooperating to fulfill requested services, which are standing in a direct and legitimate connection to the order). Furthermore, we inform you that with the aim of complete satisfaction of your contractually agreed services (to attend language course abroad and possibly accommodation in residences or with native families) we will forward data to our partner organizations and schools in the target country, in order to implement the requested language course.

Moreover, we inform you that our partners in various target countries have the obligation to treat the personal data with the same great care and with protection against third parties as Quality Choice Worldwide S.L. in Spain has committed.

Furthermore, we inform you that your data is used for our business relations and if you would like to, even for the shipping of commercial mail (including electronic media) for services, which are offered by our Company such as offers and promotions, if you agree to this within our inscription form.

Regardless of the previously mentioned, Quality Choice Worldwide S.L. guarantees each person concerned access, amendment, cancelation and opposition of its own data through written notice to the following address: C/ Girona 38, 08010 Barcelona, Spain.

Hence, the person concerned is informed and agrees with the international data transfer to implement the requested and book services, since all data is treated, processed and transferred with great care, security and confidentiality.

 

21) Language of the present General Terms & Conditions

The present Terms & Conditions are originally written in Spanish. Despite this fact, the General Terms & Conditions have been translated into the following languages: English, French, Italian and German. If there any differences between the original document and the translation in terms of special terms, the original version and hence the Spanish version is always valid.

 

22) Applied legislation and legal rights

In the case of disagreements about the contract, both parties are submitting and abandoning the valid legal rights of their home country and leave the decision of the dispute to the institution TAB (“Tribunal de Arbitraje de Barcelona”), the arbitration court of Barcelona, which is responsible for the conciliation of the dispute. The administration of the TAB will take action and will subsequently appoint an arbitrator. The arbitration procedure will implement in accordance with the procedures of the arbitration act 60/2003 of December 23rd, 2003.

The arbitration award will be announced with 90 days after assuming office by an arbitrator, which both sides need to accept and which decision both parties have to comply. In the event the conciliation was not implemented by mutual agreement or is declared invalid, both parties can submit themselves, if otherwise not possible, to the court of the City of Barcelona by abandoning the valid legal rights of their home country.