Gift Vouchers

Definitions and Acceptance

1. Definitions
   

1. ‘The Company' refers to Spanish and Coffee Ltd.
   
   
2. 'The Client’ refers to the person in whose name the booking is made and will include the person or persons on whose behalf the same is made.
   
   
3. ‘The Tutor’ is the person supplied by the Company to the Client for the purpose of tutoring the Client.
   
   
4. 'Force Majeure' refers to any event outside the Company's control which prevents the prompt performance of its obligations, including industrial action, civil disturbance, natural disaster, etc.
   
   
5. A ‘Lesson’ is one scheduled session of tutoring. It may be in-person or online. It may last for varying lengths of time depending on the specific agreement between the Company and the Client.
   
   
6. A ‘Course’ is comprised of one or more Lessons.
   
   
   

2. Acceptance and acknowledgement
   

1. These terms and conditions are between the Company and the Client(s).
   
   
2. The knowledge of the existence of these terms and conditions is exclusively the responsibility of the Client and they are considered as understood and accepted by the Client upon submission of any form on the Company’s website. The same is also implied by the Client requesting services by email or telephone.
   
   
3. If the Client decides not to continue receiving services from Spanish and Coffee, the Client would be liberated entirely from the totality of the clauses of this contract apart from that of number 6.1, 6.2 and 6.3. These clauses remain in effect for a 2 year period which begins in the instant that the Client makes their first contact with Spanish and Coffee, and/or from the last lesson to have been taken by the Client.
   
   
4. The breaking of any other clause of this contract, or any action which goes against the cordial nature of this contract could result in the cancellation of the service without refund.
   
   
5. The Tutor is self-employed and engaged by the Client to provide tuition to the Student. Clients should be aware that the Tutor does not have power to bind Spanish and Coffee Ltd in any way.
   
   

3. Our services
   

1. The Company offers language teaching services in a pertinent location which is mutually convenient both for the Tutor and the Client. Generally this means at the office of the Client or a public place for private lessons, or online for online lessons, or any of our group lesson venues for group lessons.
   
   

4. Company obligations
   

1. Once the Client has pre-paid for any lessons, Spanish and Coffee Limited is committed to providing the service that the Client has contracted, following the steps described in these terms, and published on our website.
   
   

5. Rights of the Company
   

1. The Company reserves the right to accept, limit or decline requests for the services offered.
   
   
2. The Company has the right to decline a change to a Tutor if no other Tutors are available.
   
   
3. The Company reserves the right to not offer any lessons when it is hosting a student Spanish social event.
   
   
4. Although this is not usual, and we do not advise so, the Company reserves the right to change the Client’s Tutor if necessary. The Client understands that the purchase of lessons is not linked with a specific Tutor.
   
   

6. Client obligations
   

1. The Client agrees to be bound by the terms and conditions attached with the Tutor for the provision of tutoring services. Tutors are not free to Tutor for the Client except through the Company, even after they, and/or the Client have left the Company. Should the Client, or any person recommended by the Client, directly or indirectly, propose, insinuate or engage a Tutor for Spanish-related services within a 2 year period of them and/or the Client leaving the Company, the Client will be issued with and agrees to pay an introductory fee of £750, which is payable within 14 days of issue.
   
   
2. The Client understands and respects that the assigned Tutor is not employed by the Company and is self-employed, and therefore any money paid to the Tutor which eludes the agreement made on contracting the services of the Company is classed as black money, not declared publicly, contravening the British Law, and therefore is against these terms and conditions, and moreover against the interests of the Company.
   
   
3. In the case of the Client not respecting clause 6.2 and deciding to break this, they will be subject to a fine of £750 in compensation to the Company.
   
   
4. A Client must not publish any abusive comments about a Tutor. This include defamatory or derogatory comments.
   
   
   

Private and Online lessons

7. Private and Online lessons explained
   

1. The time and date of the lessons should be agreed upon mutually, and these should be worked out according to the following time frames: from Monday to Friday between 8am and 9pm, and Saturday to Sunday between 9am and 5pm.
   
   

8. Rights of the Client
   

1. The Client has the right to propose the place and time of the lessons, but this agreement should involve a consensus with the Company and/or the Tutor.
   
   
2. The Client has the right to cancel or reschedule any private or online lesson, within the guidance of clause 10.
   
   
3. The Client has the right to apply to the Company for a change of Tutor if they consider that the tuition process fails to meet their expectations.
   
   
4. The Client can choose the educational mode which best suits their interests and has complete freedom to decide / modify the academic content of their lessons.
   
   
5. The Client has the right to stop their tuition for a 6 month period if they have cause to. After this period, any prepaid pending lessons will be automatically considered as complete and non refundable.
   
   

9. Prices and payments
   

1. For current prices please refer to the Company website (www.spanishandcoffee.co.uk/prices).
   
   
2. Prices may be modified without previous warning by the Company, and this modification will apply only to new lessons, never lessons already purchased.
   
   
3. The payment of your first lesson should be carried out at least 24 hours in advance through our website, by bank card over the telephone, or by electronic invoice.
   
   
4. No lesson is confirmed, and therefore may be moved or cancelled without warning, until payment has been received.  
   
   
5. Payment for lessons after the first lesson may be made by bank card in person, over the phone, through our website, or by electronic invoice.
   
   
6. Unless agreed in writing with the Company, no cash or cheque payments are allowed. Only payments by bank card, bank transfer, or Paypal.
   
   
7. Once payment has been made, the Company cannot give any kind of refund, be it total or partial, for the service acquired (unless there are medical grounds and documents to support).
   
   
8. The Client will not agree any alternative fees with the Tutor and agrees not to render any direct payments to the Tutor.
   
   

10. Rescheduling or cancelling
    

1. Notice of cancellation or rescheduling of a scheduled lesson for any reason must be given in writing to the Tutor or the Company more than 24 hours prior to the lesson.
   
   
2. Lessons rescheduled or cancelled (or where a Client fails to turn up) with less than 24 hours’ notice will be billed to the Client at the usual lesson fee, or subtracted from their lesson bundle balance, (unless there are medical documents to support the need to change).
   
   
3. Regular cancellations by the client, or that which the Company perceive as unreasonable, will be considered cause for termination of contract.
   
   
4. If the Client is late for a lesson, the Tutor may choose to, but is not obligated to work beyond the scheduled end time, and the lesson will be charged at the usual price, whether or not the Tutor works beyond the scheduled end time.
   
   
5. If a Tutor is late for a lesson, the lesson will be discounted pro rata, or the lost time will be made up at a mutually convenient time for the Client and Tutor.
   
   
6. Should the Tutor not be available for a scheduled lesson, an alternative (optional) Tutor or lesson time will be offered to the Client.
   
   
7. If the Client wishes to terminate their private or online lessons and has prepaid any lessons, they can either request the balance to be transferred to a Gift Voucher, or they can request a refund by bank transfer. For the latter there will be a £20 administration fee and it can take up to 30 days to process.
   
   

11. Tutors
    

1. Should the Client be unhappy for any reason with the Tutor provided, the Company will do their utmost to rectify the situation, and if necessary offer another Tutor.
   
   
2. If the Tutor withdraws from the engagement at any time, the Company will endeavour to provide another Tutor to the Client.
   
   
3. If the Company is unable to offer a suitable replacement Tutor within a reasonable time, the Company will refund a portion of the fees prepaid by the Client representing the number of lessons that the Tutor or any replacement Tutor has been unable to complete.
   
   
4. If the replacement Tutor meets the Company’s criteria for suitability and is available at the same time or another time convenient for the Client, then the Company has fulfilled its obligations; if the Client then wishes to terminate the tuition, the provisions of clause 10 will apply.
   
   

12. Bank Holidays
    

1. Private and online lessons shall not be offered on bank holidays, unless mutually agreed in writing between the Client and the Company and / or Tutor.
   
   

13. Material
    

1. Tutors will bring and / or email study notes for each lesson. No further study materials are required to be purchased. Resources may be suggested on occasion, but the purchasing of these is entirely the Client’s own decision, and at their own risk.
   
   
   

Group Lessons

14. Group lessons explained
    

1. A minimum of 5 students is required for group courses to take place. Usually, the minimum class size is 5 students and the maximum is 8.
   
   
2. We make every effort to run all of our courses as advertised, but we cannot guarantee courses that fail to meet the minimum student number will run.
   
   
3. The Company reserves the right to cancel courses for which fewer than 5 students have enrolled. Clients who are enrolled in a cancelled course will be notified and could choose to be fully refunded or placed on the next available course.
   
   
4. The Company reserves the right to reassign Tutors after the start date of the course.
   
5. Until a Client passes their end-of-course exam they will not be able to continue to the next group level. If they do not pass their exam and have prepaid the next level they will be offered a full refund, or the ability to use the balance to redo the course or take private lessons until they feel ready to redo the exam.
   
   
6. The Company cannot guarantee that Clients and their former classmates or teachers will be kept in the same class, however every effort will be made to do so when requested.
   
   

15. Attendance
    

1. Attendance is the complete responsibility of the Client. If a Client does not attend a lesson, the lesson cannot be made up at another time.
   
   
2. Once courses begin we typically cannot transfer Clients between classes.
   
   

16. Enrolment and cancellation policy
    

1. Before enrolling, our Clients are recommended to review their personal commitments to be able to attend classes, as fees are non-refundable from 7 days prior to the group course starting. After this time it is non-refundable.
   
   
2. We cannot accept cancellations by phone or post. You can request your cancellation in writing by sending an e-mail to learn@spanishandcoffee.co.uk
   
   
3. Due to the nature of the courses, we cannot prorate lessons or transfer unused lesson time to another course.
   
   
4. It is the Client’s responsibility to ensure they sign up for the group level that is appropriate for their language level. If in doubt book a free language level assessment. If a Client pays for a course and subsequently realises they do not have the required language level to do the course, the Client will be offered a full refund until 7 days prior to the group course starting. After this time it is non-refundable.
   
   

17. Material
    

1. Group lesson classes use textbooks. The textbook will be responsibility of the Client to purchase. The specific textbook will be confirmed after enrolment and will depend on the course being enrolled in.
   
   

18. Bank Holidays
    

1. Group lessons will never be held on a bank holiday. If a group lesson falls on a bank holiday that lesson will be offered the following week at the same time and the week of the bank holiday will be skipped.
   
   

19. Booking & Payments
    

1. Clients can reserve a place on a group course by making an online payment from our main website or through a paid invoice.
   
   
2. The Client accepts that the course enrolment is made through a one-off direct debit payment and no other payments of fees are applicable apart from the purchase of the textbook through a third party website such as Amazon.co.uk.
   
   
   

Gift Vouchers

20. Gift Vouchers
    

1. Gift vouchers may not be exchanged for cash and are non-refundable.
   
   
2. Gift vouchers can be exchanged for any Spanish and Coffee lesson type, regardless of what the gift voucher was originally intended for.
   
   
3. Gift vouchers are void if the not used within 12 months of purchase.
   
   
4. If the value of a lesson or course is less than the value of the gift voucher, any balance will remain as credit against your gift voucher and you can redeem it against subsequent lessons until the gift voucher expiry date.
   
   
5. If you stop or pause lessons you purchased using a gift voucher before the gift voucher value has been exhausted, you will be issued with a new gift voucher with the remaining balance.
   
   
   

Notices

21. Minors and vulnerable individuals
    

1. The Company endeavours to ensure the suitability of any Tutor supplied to the Client by only supplying qualified Tutors who have been thoroughly screened, have recent and satisfactory CRB/DBS checks and references.
   
   
2. The Tutor is engaged by the Client only to provide tuition and is not responsible for the safety, welfare, wellbeing and care of minors, or for the protection of any person’s property. In the case of Clients under the age of 18 years, a responsible adult (other than the Tutor) should be present at the premises at all times during which the Tutor attends for tuition. Parents/guardians who choose to leave their child alone with the Tutor during the tutorial do so of their own free choice and at their own risk.
   
   

22. Liability
    

1. Neither the Company nor any of its Tutors are liable for any loss, damage or injury arising out of or related to the provision of tutoring services by the Tutor.
   
   
2. Although we do everything in our power to help our clients language skills improve, we can offer no guarantee thereto. The Company is not responsible for any examination or test grade, level or score received by a Client, or for any consequences resulting from that grade, level or score.
   
   

23. Applicable Law and Jurisdiction
    

1. The Client acknowledges that these terms govern the legal rights and obligations between the Client and the Company. The Company reserves the right to alter these terms and conditions. No variation or alteration of these terms by the Client shall be valid unless expressly approved in writing by the Company. This agreement is governed by the laws of England and Wales and the parties submit to the jurisdiction of the Courts of England and Wales.
   
   

24. Data Protection
    

1. The Client, Tutor and Company agree that they will not disclose any confidential information concerning the Tutor, the Client or the Company to any person for the duration of this agreement and after termination of the agreement, save as required by law, court order or any governmental or regulatory authority.
   
   
2. The Company and/or Tutors will not sell, rent or distribute any Client information to any third parties. For more information see our Privacy Policy (www.spanishandcoffee.co.uk/privacy).