Terms and Conditions

Millfield English Language Holiday Courses 2022

1. Background 1.1 Millfield School organises English Language Holiday Courses for students aged 12 to 17 years during the summer holiday.

1.2 Parents/guardians can book an English language holiday course for their child for a period of two to six weeks’ duration during the summer holiday period.

2.1 Definitions:

2. Interpretation

The following definitions apply in this agreement. Booking Form

the booking form to be used by parents/guardians to book a place for their child on a Course.

Cancellation

the cancellation of the Student’s place on the Course which occurs after submission of the application form and before the start of the Course or the date on which the Student arrives at the Language School.

Course

the English Language Holiday Course delivered by Millfield to the Student in accordance with these terms and conditions.

Course Fees

the fees applicable to the Course as shown in the Booking Form. Course Fees include; tuition, accommodation, meals, basic travel insurance, two personal laundry washes per week, most school organised excursions and activities unless indicated otherwise. Course Fees do not include transport to and from an airport/Eurostar terminal or examination fees which will be charged separately to the Parent, excluding VAT, and after the application of any agreed discounts.

Course Manager

The manager of the Course as appointed by the Director.

Designated Safeguarding Lead / DSL

The designated safeguarding lead or in their absence the deputy designated safeguarding lead of Millfield.

Director

The Director of the Millfield Enterprises as appointed by the Governing Body of Millfield.

Millfield

Millfield, a charitable company incorporated by guarantee with company number 00522385 and charity number 310283, and having its registered office at Millfield, Street, Somerset, BA16 0YD, being the provider of the Course.

Parent or You

Parent or legal guardian of the Student.

Student

the child named on the Booking Form submitted by the Parent.

 

3. Booking a place on a Course

3.1 To book a place on a Course the Parent of a prospective student must complete in full and submit a Booking Form. The Parent understands that a place on a Course is subject to availability and Millfield being able to meet the needs of the Student during the Course and confirmation of the place by Millfield.

3.2 A legally binding contract between the Parent and Millfield for the provision of the Course to the Student will be formed on the basis of these terms and conditions and the completed Booking Form when Millfield confirms the Student's place on the Course.

3.3 Millfield will confirm the Student's place on the Course if a place is available and after the Parent has submitted a fully completed medical questionnaire accessed at the time of booking and has paid the deposit as shown on the Booking Form.

4. Course dates and change of course

4.1 The dates of the Course are set out in the Booking Form.

4.2 Once the Course has started the Student shall be permitted to change course only with the prior written agreement of the Course Manager and subject in any event to availability. If a change of course is permitted it will be only to a course of the same duration.

4.3 If a change of course is permitted under clause 4.2 above a 25 GBP administration fee will be charged. The Parent shall be required to pay any supplemental charges applicable to additional activities the new course. As it may not be possible to reallocate a place on an additional activity on the original Course Millfield shall not refund the applicable supplemental charges to the Parent if the Student transfers to a new course.

5. Fees

5.1 Once the Student's place on the Course is confirmed the Course Fees will be payable before the date specified by Millfield on confirmation. If payment is not made in full before the date specified Millfield shall immediately terminate this agreement and retain the deposit paid and returning any part payment of Course Fees to the Parent. If You have a query relating to the Course Fees they must be paid full by the specified date. Millfield and You shall co-operate in good faith to resolve the query.

5.2 Any payment to Millfield must be made in Sterling and in full as cleared funds, by cheque, BACS, debit card or credit card.

5.3 In the event of circumstances beyond the reasonable control of Millfield it reserves the right to vary the Course Fees to an extent that reflects such circumstances. Millfield will endeavour to provide the Parent with as much notice of a variation in Course Fees as is reasonable in the circumstances.

6. Millfield's obligations

6.1 Millfield shall:

6.1.1 organise the Course and its delivery in a way which, in the professional judgement of the Director, is most appropriate to the Course as a whole and as may be required to make changes or provide alternative substitutes, including accommodation provided to the Student, at any time on notice to the Parent;

6.1.2 exercise reasonable care and skill in providing education services and care to the Student during the Course. Millfield cannot accept any responsibility for the welfare of the Student while off its premises unless he or she is taking part in a Course activity or otherwise under the direct supervision of a member of staff;

6.1.3 maintain those insurances as required by law;

6.1.4 make reasonable attempts to contact You if the Student requires urgent medical attention while in the care of Millfield. If after reasonable attempts Millfield is unable to contact You, You consent to the Director or other member of staff authorised by the Director to consent on your behalf to the Student receiving emergency medical treatment where certified by an appropriately qualified person as necessary for the Pupil's welfare.

7. Parent's obligations

7.1 The Parent shall:

7.1.1 Pay the Deposit, Course Fees and any other fees, charges and costs by the date specified by Millfield;

7.1.2 Ensure that You have read and the Student understands the Course rules and applicable policies which can be found at https://www.millfieldenterprises.com/policies-downloads and the course guide which will be sent to you as part of the formal confirmation

7.1.3 Ensure that the Student knows that they must:

(a) behave responsibly and with consideration to others;

(b) abide by the Course rules and policies and the consequences for failing to do so;

(c) follow reasonable instructions given by staff or by the staff of any establishment visited (including accommodation providers)or by any activity instructors;

(d) observe and respect the laws, rules and traditions of England;

(e) maintain their accommodation in a clean and tidy state throughout the Couse and, at the end of the course, to leave accommodation in the same condition of cleanliness, tidiness and repair as on the date immediately prior to the commencement of the Course (fair wear and tear excluded).

7.1.4 Provide the Student with sufficient pocket money for use while participating on the Course. It is strongly recommended that the Parents purchase a pre-paid Debit Card or Credit Card for the Student to use in the UK.

7.1.5 Provide the Student with the required kit and equipment for participation in the Course as set out the Course guide provided by Millfield in advance of the Course.

7.1.6 Complete Millfield's medical questionnaire for the Student when completing the Booking Form. The purpose of the medical questionnaire is to provide the School with information about the Student's health and any medical conditions to assist Millfield with any reasonable adjustments required to meet their needs while participating in the Course.

7.1.7 Comply with the Millfield's Medical Officer’s recommendations which may include a reasonable decision to send the Student home at the Parent's expense if he/she is unwell and unable to continue on the Course.

7.1.8 Ensure that You and the Student are aware of UK Government guidance relating to, or in connection with, the Covid-19 pandemic and that the Student adheres to such guidance.

7.1.9 Purchase medical insurance and insurance of the Student’s personal property for the duration of the Course. You may also wish to consider additional travel insurance to that included in the Course Fees but must obtain your own advice on this.

7.1.10 Ensure that the Student has the correct immigration permission to enter the United Kingdom to participate in the Course.

8 Education matters

8.1 The Parent shall notify Millfield when completing the medical questionnaire and subsequently in writing if, at any time until the end of the Course, they are aware or suspect that the Student has a learning difficulty and the Parents must provide Millfield with copies of all written reports and other relevant information. The Student's place will be cancelled, or, once the Course has started, Parents will be asked to withdraw the Student from the Course if in the professional judgement of the Director and after consultation with the Parent and with the Student (where appropriate), Millfield is unable to provide adequately for the Student's special educational needs. The Parent shall be responsible for all costs of associated with the Student's return home.

8.2 A variety of educational visits and other trips will be provided for the Student during the Course. The Parent will be provided with relevant information about these in advance of the Course, including whether or not the costs are included within the Course Fees or are charged for separately. By agreeing to be bound by these Terms and Conditions the Parent consents to the Student taking part in all educational visits and other trips during the Course.

9 Pastoral care

9.1 Millfield will do all that is reasonable to safeguard and promote the Student's welfare and to provide pastoral care to at least the standard required by English law while the Student is participating in the Course.

9.2 The Parent consents to such physical contact with the Student:

9.2.1 as may accord with good practice; or

9.2.2 as may be appropriate and proper for teaching and instruction; or

9.2.3 for providing comfort to the Student in distress; or

9.2.4 to maintain safety and good order; or

9.2.5 in connection with the Student's health and welfare.

The Parent also consents to the Student participating in contact and non-contact sports and other activities as part of the Course. The Parent acknowledges that while Millfield will provide appropriate supervision the risk of injury cannot be eliminated.

9.3 The Parent authorises the Director to override their own and (so far as they are entitled to do so) the Student's rights to confidentiality, and to impart confidential information on a need-to-know basis where necessary to safeguard or promote the Student's welfare or to avert a perceived risk of serious harm to the Student or to another person. In some cases, members of staff may need to be informed of any particular vulnerability the Student may have. Millfield reserves the right to monitor the Student's use of:

9.3.1 email;

9.3.2 the internet; and

9.3.3 mobile electronic devices.

See also the Millfield policy on acceptable use of IT and email.

9.4 Millfield may obtain and use photographs or images (including video recordings) of the Student for:

9.4.1 use in the School's promotional material such as the prospectus, the website or social media;

9.4.2 press and media purposes; or

9.4.3 educational purposes as part of the curriculum or extra-curricular activities.

Please see Millfield's privacy notice for more information about how it uses photographs and videos of students. Millfield may seek specific consent from the Parent and Student before using a photograph or video recording of the Student where Millfield considers that the use is more privacy intrusive.

9.5 Unless negligent or guilty of some other wrongdoing causing injury, loss or damage, Millfield does not accept responsibility for accidental injury or other loss caused to the Student or the Parent or for loss or damage to their property. While participating in the Course the Student shall be responsible for the security and safe use of all their personal property and for property lent to them by the School.

10 Behaviour and discipline

10.1 Millfield attaches importance to courtesy, integrity, good manners, good discipline and respect for the needs of others. The Parent accepts that the Student will take a full part in the activities of the Course, will be well-behaved and will comply with the Course rules.

10.2 Millfield's Course rules and policies on behaviour and discipline current at the time apply to the Student at all times when they are participating in the Course (including when engaged in online or remote learning), travelling to or from the Course, on Millfield organised trips or associated with Millfield or the Course. The Course rules and policies shall also apply at all times and places in circumstances where failing to apply this policy may affect the health, safety or well-being of a member of the Course community or a member of the public, have repercussions for the orderly running of the Course or bring Millfield or the Course into disrepute.

10.3 An allegation, complaint or rumour of misconduct will be investigated. The Student may be questioned and their accommodation or belongings may be searched in appropriate circumstances. The Parent will be informed that the Student may face formal disciplinary action. If under the School's disciplinary policy a disciplinary meeting with the Course Manager or the Designated Safeguarding Lead is required before a decision is taken, Millfield will make reasonable efforts to notify the Parent so that they can attend via video conference or in person.

10.4 The Parent accepts that an appropriate sanction may be imposed by the Course Manager or the Designated Safeguarding Lead on the Student if the Student is found to have breached the Course rules or policies the Course Manager or the Designated Safeguarding Lead may impose such sanction Sanctions may include a requirement to undertake menial but not degrading tasks, detention for a reasonable period, withdrawal of privileges or in the most serious of incidents permanent removal from the Course. If the Student is permanently removed from the Course there shall be no refund of Course Fees or deposit and the Parent shall be responsible for all costs associated with the Student's return home.

11. Cancellation and termination

11.1 If the booking and confirmation of the place are both made entirely at distance by means of post, fax or electronic communication without the Parent meeting face to face with a member of the Course staff, the Parent has the right to cancel this contract at any time within 14 days of the day after You receive confirmation of the place. In such circumstances the deposit will be refunded together with any Fees paid pro-rated if Millfield has provided any services under this agreement. Information about the right to cancel and how to cancel is set out in the Course cancellation notice and form appended to these terms and conditions. If the 14 day cancellation period applies on any day after the start date of the Course the Parent authorises Millfield to provide services to the Student while the cancellation period continues.

11.2 If the Parent wishes to cancel the Student's place and terminate this contract at any time after the expiry of the 14 day cancellation period described in clause Error! Reference source not found. above (if applicable) they shall do so by providing written notice to the Director. If the Parent cancels the place and terminates this contract the following cancellation charges are applicable:

11.2.1 More than three months before the start date of the Course: no cancellation charge. However, Millfield will retain the deposit.

11.2.2 Between three months and one month before the start date of the Course: 50% of the Course Fee. Millfield will also retain the deposit.

11.2.3 Less than one month before the start date the Course: 100% of the Course Fee. Millfield will also retain the deposit.

11.3 Millfield may terminate this contract immediately by providing written notice to the Parent if:

11.3.1 the Student does not have the appropriate immigration permission to enter the United Kingdom and to participate in the Course;

11.3.2 payment of the Course Fee is not made in full before the date specified Millfield;

11.3.3 the Student is removed permanently from the Course for a disciplinary reason.

12. General contractual matters

12.1 Millfield has a privacy notice which explains how it will use the Parent's and the Student's personal data. The privacy notice is published on the Millfield website. The Parent must read the privacy notices in full and must show it to the Student and discuss it with them before the start of the Course.

12.2 An event beyond the reasonable control of Millfield or the Parent is a Force Majeure Event and shall include such events as:

12.2.1 an act of God, fire, flood, drought, earthquake or other natural disaster;

12.2.2 war, riot, civil unrest, act of terrorism, strikes, industrial disputes;

12.2.3 outbreak of epidemic or pandemic of disease;

12.2.4 failure of utility service or transportation;

provided always that the inability of either party to pay any amount required under this agreement shall not be a Force Majeure Event. If either Millfield or the Parent is prevented from or delayed in carrying out its contractual obligations by a Force Majeure Event, that party (Affected Party) shall as soon as reasonably practicable notify the other in writing and shall be excused from performing those obligations while the Force Majeure Event continues. The Affected Party shall use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.

12.3 Care has been taken to use plain language and to give clear explanations in these Terms and conditions. If any words alone or in combination infringe consumer rights laws or any other provision of law, they shall be treated as severable and shall be replaced with words which give as near the original meaning as may be fair. Nothing in these Terms and conditions affects the Parent's statutory rights.

12.4 Millfield provides parents of prospective students with information about the Course in good faith. This information may be contained in the Course prospectus / website / promotional literature or in statements made by staff. If the Parent wishes to take account of the information provided to them when deciding whether to book a place on the Course they should seek specific confirmation from the Director that the information is accurate before submitting a completed Booking Form.

12.5 Only Millfield and the Parent are parties to this contract. Neither the Student nor any third party is a party to this contract and shall not have any rights to enforce any term of it.

12.6 These terms and conditions supersede any previously in force and will be construed as a whole. Headings, unless required to make sense of the immediate context, are for ease of reading only and are not otherwise part of these terms and conditions. If any provision or part-provision of this contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this contract.

12.7 This contract was made at Millfield and it, together with each matter relating to the provision of services by Millfield, is governed exclusively by the law of England and Wales and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.

Millfield English Language Holiday Course

Cancellation Notice and Form

If your contract with Millfield was formed entirely by means of distance communication (i.e. by post, fax or electronic communication) without a face to face meeting with a member of the School staff you may cancel the contract within 14 days. The 14 day cancellation period will commence on the day following your receipt of Millfield's confirmation of a place for the Student on the Course.

To exercise your right to cancel, you must inform us at Millfield's address of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or fax, or an email). You may use the attached model cancellation form, or your own wording, if you prefer. You do not have to provide a reason for cancellation when informing Millfield.

To meet the cancellation deadline you must send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

a) Where we have provided services

If, following confirmation of a place and payment of the deposit, Millfield provides educational services to the Student, and then you choose to cancel the contract before the 14 day period expires, you will be liable to pay to us our reasonable costs. These will be the costs for the actual services provided up to the time you communicate to us your cancellation of the contract, calculated as a proportion of the Course fees. We will return to you, after deduction of our reasonable costs, the balance of fees and any deposit paid.

b) Where we have not provided educational services

If you cancel this contract within the 14 day period and we have not provided any services, we will reimburse to you in full any payment of fees and deposit received from you, without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel.

We will make any reimbursement due using the same means of payment as you used for payment to us, unless we expressly agree otherwise. You will not incur any fees as a result of the reimbursement.

Reimbursement of payments made

If you have paid to us an amount greater than any costs we have properly incurred, we will reimburse you with the balance, within the timescale and in the manner set out in b) above.

Cancellation form

Cancellation of contract

To the parent:

If you wish to cancel your contract with Millfield within the 14 day period, please notify the Director of the Course, by email, letter or fax, at the Millfield address. Below is some suggested wording.

To: the Director of Millfield Enterprises

Millfield, Street, Somerset England BA16 0YD

I hereby give notice that I cancel my contract with Millfield as set out in:

• the Booking Form

• the Course Terms and Conditions; and

• the confirmation of a place.

Name of parent:

…………………………………………………………………………………

Address of parent:

………………………………………………………………………………….

………………………………………………………………………………….

………………………………………………………………………………….

………………………………………………………………………………….

Signed:

…………………………………………………………………………………..

Date:

…………………………………………………………………………………..

 

Millfield: a Company Limited by Guarantee
Registered in England No: 00522385
Registered Office: Street, Somerset BA16 0YD
Registered Charity No: 310283