OUR TERMS AND CONDITIONS (“Terms”)
We are Babilon Language Coaching, S. C., a company registered in Mexico (Federal Tax Number BLC060726H13) having our principal place of business at Madero 87 int. 3, Col. Centro, Querétaro C.P. 76000 (“School”, “we”, “us” or “our”).
These Terms govern the relationship between us and you. PLEASE READ THESE TERMS CAREFULLY. BY SIGNING THESE TERMS, YOU ARE ENTERING INTO AN ENFORCEABLE LEGAL AGREEMENT WITH US. If you are under 18 years of age, please ask your parent or guardian to sign these terms on your behalf.
These Terms are divided into four parts:
PART A – ENROLLMENT, courses and accommodation
PART B – Attendance
PART C – Cancellation
PART D – General
Accommodation – any accommodation we provide or arrange for you;
Course – any course of study we offer;
Fees – the Deposit, Registration Fee and Tuition Fee;
Price List – a published document of Fees and Courses;
Personal Information – any personal information about you that we reasonably require including but not limited to your date of birth, address, telephone number and email address;
Registration Fee – the fee payable to us for enrolling you on a Course and finding you any Accommodation;
Representative – any person we authorize to make our Courses available to you;
Tuition Fee – the fee payable for tuition on any Course;
Confidential Information – Means personal data which relates to a living individual who can be identified from that information or with respect to any person any and all materials and information of or relating to such person constituting or concerning products, services, contracts, business models, methods or practices, financial projections or results, know how, trade secrets, intellectual property or ideas which, at the time or times concerned, are not generally known to third persons and such other information as may be proprietary or confidential in nature or is identified by such person as confidential.
PART A – ENROLLMENT REQUIREMENTS, COURSES AND ACCOMMODATION
2.1 You must be at least 16 years of age to enroll on any Course. Places on Courses are subject to availability. We reserve the right to refuse to enroll you on any Course entirely at our discretion.
2.2 Enrollment on our Courses is personal to you. You cannot transfer your enrollment to anyone else.
3. COURSES – WHAT’S INCLUDED?
3.1 Together with academic instruction, each Course includes the following at no additional charge:
on-line placement test;
use of our study center;
internet access; and
attendance certificate (provided you have attended at least 80% of the classes on your Course).
end of course report (upon request)
3.2 You are responsible for paying for any materials or services not listed in this section 3 including, for example, textbook (s), exam fees (see section 8), insurance costs and travel expenses.
4. CHANGES TO COURSES
4.1 We reserve the right to cancel or alter our Courses at any time. If we do so, we will offer you an alternative Course or a refund of your Fees.
4.2 We will let you know the timetable for your Course. If we change the timetable at anytime, we will let you know.
4.3 You may ask to change courses. All requests to change courses are subject to availability and are entirely at our discretion. We may charge you an administration fee for changing Course. We will let you know in advance how much this will be and when you will need to pay it.
5.1 The average number of students in any class depends on the Course but will not be more than 12.
5.2 Classes are held every day from Monday to Friday and start in the morning.
5.3 Classes will take place either at our premises or at alternative premises (which will be of a similar standard to our own premises).
5.4 Once you start your Course you can, subject to availability, increase the number of classes you take. You may not reduce the number of classes you take.
6.1 Prices for Accommodation are set out in the Price List.
6.2 If you ask us to provide you with accommodation, we will try to place you at the accommodation of your choice or we will offer you a suitable alternative.
6.3 Your accommodation can only be booked and confirmed upon receipt of full payment and so payment must be made in advance of arrival.
6.4 You must arrive at the Accommodation on a Sunday unless we tell you otherwise. You must let us know your arrival and departure dates. You can only change you arrival and departure dates by special arrangement with us. We may charge you if you change your dates.
6.5 When you stay at our Accommodation you must comply at all times with our conduct requirements and any house rules. If you fail do not, we may remove you from the Accommodation.
6.6 When you are staying at our Accommodation you must not cause damage to property or persons, cause disturbance or nuisance, or be abusive or disrespectful to anyone.
7. YOUR LEVEL OF SPANISH
7.1 Before you start your Course, you must sit our on-line test so we can assess the standard of your Spanish language skills. We will use the results of the test to determine the appropriate level of study for you.
7.2 If we think you do not have the skill level we require for the Course you have chosen, we may move you to a Course which we think is more suitable for you. Our decision to put you on a different Course will be entirely at our own discretion and will be final.
7.3 You are not entitled to any refund of fees if we require you to attend a different course from the course you originally selected.
8.1 You may ask us to enter you for any appropriate and available Spanish language exams that we support. We reserve the right not to enter you for any exams if we do not think you are ready and our decision will be final.
9.2 If we do enter you for any examinations, you will be liable to pay us any applicable fees including fees for the DELE Exam Preparation courses.
9. AIRPORT TRANSFERS
9.1 We can arrange transfers to and from the School and the airports listed in the Price List, which also lists the charges for transfers.
9.2 You must let us know if you would like us to arrange an airport transfer.
9.3 7 days before your flight you must give us details of your flight, arrival airport, arrival time, flight number, airline and point of origin. You must also let us know if any of this information changes. IF YOU DO NOT GIVE US THIS INFORMATION WE WILL NOT ARRANGE THE TRANSFER AND WE WILL NOT REFUND YOUR TRANSFER FEE.
9.4 Transfers will only be booked upon receipt of full payment and so payment must be made in advance of arrival.
ART B – ATTENDANCE
IF WE EXPEL YOU FROM THE SCHOOL OR WE EXCLUDE YOU FROM ANY CLASS OR ANY COURSE UNDER THESE TERMS, WE WILL NOT GIVE YOU ANY REFUND OF FEES.
10.1 You must arrive at each class before it starts and return promptly after any break. You will be excluded from a class if you are more than 10 minutes late. If you are persistently late for your classes, we may expel you from the School
10.2 We expect you to attend every class in your Course. We will take disciplinary measures if you fail to attend AT LEAST 80% of the classes on your Course. We may also expel you from the School.
10.3 If you do not attend the first day of your Course without giving us an explanation we think is acceptable, we may expel you from the course or transfer you to another course.
10.4 You must let us know if you plan to be absent from class for any reason. If you miss a class because you are ill, you must give us a doctor’s certificate. If you do not give us a doctor’s certificate, we may exclude you from your Course.
11.1 At the beginning of classes the student must ask Academic Coordinator for school calendar to be well informed about important dates of national holidays.
12.1 We have minimum conduct rules. We will not accept: poor attendance; disrespect to members of staff or other students; foul, inappropriate or abusive language; violence; intimidating or insulting behavior; bullying; any form of discrimination (including based on race, gender, religious beliefs or sexuality); or any other act or behavior that does or may bring the School into disrepute or cause any harm or suffering to staff, other students or members of the public.
12.2 If you fail to meet our minimum conduct requirements, we may suspend expel you. We may also take any further action we think is appropriate including informing Authorities and, if you are under 18 years of age, your parent(s) or guardian.
12.3 If you cause any damage to School property, we will ask you to pay the full cost of repair or replacement.
13.1 We may at our discretion make our computers and internet access available for your use subject to availability.
13.2 You must use our computers and internet access in accordance with our instructions and applicable codes of conduct. You may not use our computers or internet access for any illegal or unauthorized purposes (including accessing pornographic, obscene or illegal material) or for any commercial purposes.
We may take photographs and films of you for promotional and marketing purposes. You must let us know if you do not wish to be photographed or filmed.
15. YOUR PROPERTY
You are solely responsible for the safety of any personal property your bring to School including any post sent to the you at the School and exam results or certificates.
PART C – CANCELLATION
16. CANCELLING YOUR COURSE
16.1 If you cancel your Course at least 30 days before it is due to start, we will refund the Tuition Fee received by us from either you or your Agent. IF YOU CANCEL YOUR COURSE LESS THAN 30 DAYS BEFORE IT IS DUE TO START, YOU WILL NOT BE ENTITLED TO ANY REFUND OF FEES.
16.2 If you cancel a course which is longer than 4 weeks, we will give you a non-transferable credit note for that part of the course which was longer than 4 weeks. For example, if you cancel an 8 week course, we will give you a credit-note for 4 weeks. You can use the credit note to obtain a reduction in fees payable to us if you enroll onto any other Course within the following 6 months.
17. CANCELLING ACCOMMODATION – Homestay
17.1 If you cancel your homestay accommodation at any time there will be a charge equivalent to the cost of two weeks’ stay.
17.2 If you would like to amend your homestay accommodation booking you will be required to give two weeks’ notice in writing.
18. CANCELLING ACCOMMODATION – Hotels, hostels and other
18.3 If you cancel your booking at any time there will be a charge equivalent to the cost of two weeks’ stay.
18.4 All other accommodation is subject to four weeks’ notice in writing.
19. VISA REFUSAL
19.1 We will not refund any Fees if you are not granted visa for your stay by Mexican Authorities.
We will pay any refunds to either you or your Agent being the person from whom we received payment. If a credit or debit card was used to make a payment, we will issue any refund to the same card.
PART D – GENERAL
If your Fees are paid by a scholarship or government grant, you must pay us an agreed deposit if we do not receive payment of your Fees before your Course starts.
22.1 On the first day of your Course, you must give us your passport. We will copy it and return the original to you.
22.2 We will ask you to provide us with certain Personal Information. It is your responsibility to update any Personal Information you give us if it changes.
22.3 You agree that we can use, copy and store your Personal Information for our general business purposes. You agree we can disclose your Personal Information to others as set out in these Terms or otherwise permitted by law.
23. EVENTS OUTSIDE OUR CONTROL
We are not responsible for any events outside our reasonable control which may cause the closure of part or all of the School and the cancellation of any classes, Courses or other services or materials we provide. Events outside our reasonable control may include, without limitation, war, riot, civil strife, industrial dispute, terrorist activity, disaster, storm or other extreme weather conditions, flood, plague and infectious disease.
24.1 You are solely responsible for ensuring you have any appropriate insurance in place to cover your travel to Mexico and attendance at the School.
24.2 We recommend that before you travel to Mexico you have adequate insurance in place covering travel, medical treatment, accidents, and all associated risks. You accept that any insurance arrangements you enter into are at your own risk and that we shall not be responsible for any costs, expenses or other losses you incur.
25.1 School will not be held liable for loss, damage or injury to persons or property.
27. These Terms do not create a joint venture, partnership or agency between you and us.
28. These Terms contain all the terms which you and we have agreed about the Courses, Accommodation and related services we will provide for you. You have not been made to enter these Terms by any promise or statement which is not included in these Terms. Nothing in this section excludes our liability to you for any fraud.
29. If any part of these Terms is held by a court to be invalid, this will not affect the rest of these Terms.
30. You and we do not intend for these Terms to be enforceable by anyone who is not a party to it.
30.1 The law of Mexico will apply to these Terms and the Querétaro will have exclusive jurisdiction in relation to these Terms.