1. Subject of agreement
The subject of this agreement is organisation of the Student enrollment for an education course (the «Course») of educational institution (the «Foreign partner») by the company (the «Company») in accordance with conditions of this contract and Application for booking (the “Application”), which is its integral part, and current legislation.
2. Registration and confirmation of order
2.1 The registration of order is based on the information, which is provided by a student in the Application on this web-site. All the Student's service demands, such as education course, accommodation, travel dates, surname and name of the student who travel in accordance with their writing in the passport, date of birth, passport number and its date of issue and all other information which is important for ordering services should be specified.
2.2 Until the moment of order confirmation The Application is the intention of parties to conclude an agreement if the Company has such capabilities. In case of the Company confirmation of the possibility to provide ordered services, the Application with all other integral attachments is considered as an enclosure to the principal contract. In case of nonconfirmation order, the function of Application as an intention of agreement is discontinued, the Application is canceled and annulled without any claims from Student against the company concerning the conclusion the principal contract.
2.3 The Company carries out a confirmation of the order no later than 72 hours after sending the Application, if there is a capability to provide the accomplishment of programmes for students under the conditions specified in the Order.
2.4 All the deadlines, conditions, categories and cost of services, included in the programme, which are confirmed by the Company and agreed by a student, are written in a confirmation and sent by email to a student and / or in accompanying documents issued for students after full payment of the order confirmation. Since the confirmation of the order all other agreements, whether written or oral, which took place between the Company and Student concerning the terms, conditions, categories and cost of services are considered to be provisional and become invalid.
3. Cost of services and order payment procedure
3.1 Cost of the programme, which is chosen and ordered by a student in accordance with the Application, is determined on the basis of the data, which is presented in the price list of Foreign partners.
3.2 A student should pay for programme in order and within the period specified in this contract and the booking confirmation.
3.3 In order to make a payment of order student should transfer funds to the account of the Company and Foreign partner. The date of payment shall be the date of receipt of funds to the account of the Company.
4. Supporting documents
4.1 The supporting documents for the trip are an invitation and/or confirmation of the ordered and paid programmes of Foreign partner, and other prescribed documents establishing the right for providing services and/or containing the necessary information for your trip.
5. The rights and responsibilities of the parties
5.1 Unless otherwise specified herein by the terms of this agreement, the Company shall:
5.1.1 To organize student enrollment for the course.
5.1.2 To get an invitation from the Foreign partner what is required for visa.
5.1.3 To book accommodation, meals, transfers, excursions in the host country, according to the Order.
5.2 The company has the right to:
5.2.1 To require an additional information from students in order to adjust the terms of services for students to avoid an unfavorable outcome of a trip. That can be information concerning the various types of student illnesses and associated with that medical contraindications, restrictions and ban on entering to a certain country and/or about conflict situations which took place in the host country in the past.
5.2.2 To cancel the ordered programme (cancel the contract) or demand its change in case of:
-If the previously agreed content and quality of services included in the programme can not be provided;
- student's failure to properly perform an obligation
- unexpected increased transportation tariffs and other taxes, fees, etc. the Company's business environment that are outside its control. 5.3 In accordance with the present agreement Student shall:
5.3.1 To make a timely payment of the ordered services to the accounts of the Company and its Foreign partners. The payment of deposit for the course, which is indicated in the booking confirmation, should be made to the Company within 3 working days in the amount of 100%. The rest of sum, the payment for the programme, should be made to a Foreign partner account no later than 30 days before start of rendering of service under this contract (unless otherwise provided in your Confirmation).
5.3.2 To observe the established rules of the Consulate for getting a visa required for a full course of study, including the provision of all the required documents by the Consulate.
To come at the prescribed time for the interview at the Consulate or other indicated place, if it is necessary.
5.3.3 To bring to the Company's attention the information what enables to assume an unfavorable outcome of purchasing services by a student. That particularly includes: Various kinds of diseases and related to this contra-indication (for instance, change of climatic conditions, different types of movement, the peculiarities of the national cuisine, usage of medicals, etc.); Past conflicts with government authorities, such as a ban on entry to a particular country or group of countries, etc.
6. The procedure of contract modification and cancellation
6.1 This Agreement may be changed or canceled (withdrawn) by mutual agreement of a student and the Company. This is supported by an agreement to modify or terminate the contract, signed by authorized representatives of the parties. The fact of the cancellation of this agreement can be confirmed by the return of the money which Student has paid according to this agreement.
The changes of the confirmed order at the request of Student (the change of dates of departure, the number of hours of training per week, accommodation options, etc.) is equivalent to cancellation of the previous order with a calculation of actual costs incurred the Company. Student is responsible for the payment of deduction or fines according to the rules of Foreign partner.
6.2 Each party has the right to require changes or termination of the agreement due to significant changes of circumstances, which were key on the moment of signing this contract. Significant changes in circumstances include:
- The worsening of the trip conditions, when previously confirmed composition and quality of the services included in the programme can not be provided;
- Changes in terms of travel, if this is the case when the parties have agreed that a change in the terms they understand as the changes of the beginning or end of the trip for more than 24 hours;
- Unexpected increase of transport tariffs;
- Student inability to travel due to circumstances beyond his control (Student's illness or visa refusal).
If it is possible, the company offers new conditions of programme sale and providing other services that are aligned with the Student.
6.3 This Agreement may be terminated (canceled) by a Students at any time without explanation.
6.3.1 The Student\Customer's refusal from the order three calendar days after the date of booking without explaining the reasons or for reasons not related to the fulfilment by the Company of its obligations, in particular, due to the lack of payment for the order within the specified time frame, is considered a unilateral refusal.
Recognition of a unilateral refusal of an order arises from the date of the Customer's announcement of the refusal in writing, and in the event of a delay in payment - from the first day of delay.
In this case, the Customer is not reimbursed for the actually incurred and documented costs of the Company, and the paid deposit for the language course is not refunded.
6.3.2 The refund of Student funds which were paid to a Foreign partner's account fulfils in accordance with the rules of Foreing partner.
6.4 If the there are some special rules of a trip order refusal, they are listed in a separate annex to this agreement.
6.5 The company returns all the payments which were made according to this contract to a Student with a deduction of actually incurred and documented expenses for each student within ten days from the date of termination of this contract.
6.6 In case of illness, it is possible to put off the educational programme for the period, which is necessary to complete a recovery (up to 12 months), with the permission of Foreign partners. Student should to write a request with a new treaty in order to put off a programme. Refusal of transfer due to illness is seen as the voluntary refusal of the programme. All costs associated with the transfer of educational programmes for another time are paid by the student in accordance with the rules of Foreign partner.
6.7 In case of refusal of a visa, if the student / Client has not started his course, the actual incurred and documented costs of the Company are withheld from the Client, and the paid deposit for the language course is not refunded.
Additionally, the Company does not return the deposit if:
a) visa or study residence canceled for non-attendance of a language course
b) the student / Customer leaves the country of the school during the course and is refused to return back to the country of the school
c) no official decision on refusal of a visa has been submitted or is missing
d) the fact of falsification, forgery of documents or the provision of incomplete information to the consulate or the Company has been established
To make a refund, you must provide the company with a letter from the Consulate with an official visa refusal. If the student / Client has started his course, then no refund will be made, in accordance with the school rules.
7. Liability of the parties
7.1 The Company is responsible for the organization of programme and student services under this contract in accordance with applicable law.
7.2 The Company is not responsible for:
7.2.1 Cancelation or change of departure time of international flights and related to these changes in the programme of the study tour.
7.2.2 Safety and delivery of Students luggage.
In accordance with the international regulations of air transportation of passengers, baggage and cargo the total liability in all cases written above, carries the carrier. A ticket is the evidence of the fact of conclusion of a contract between a Student and an airline. Therefore, all Student statements, claims, lawsuits, which are associated with the air transportation and its disadvantages, should be send directly to the airline that provide services of air transportation. This ticket must be saved until the presentation of claims to the airline.
7.2.3 Student's losses, related to improper execution, delay or failure to grant the competent authorities the documents necessary to carry out student study tour. The necessary documents, in particular, include: the passport of the established model, visa, etc.
7.2.4 Student's losses, which involves the removal from the last flight and/or refusal to enter/exit by the Custom, Immigration, sanitary and other services.
7.2.5 Student losses and its consequences which are connected with his actions include:
a) the absence or tardiness to the place of departure on a trip and the return from a trip to the place of the educational services provision;
b) violation of existing legislation, including customs and quarantine regulations;
c) refusal of health insurance;
d) refusal of reserved services.
7.3 The loss, caused by a health harm and/or Student property during the period of organization of service by the Company under this contract shall be reimbursed tortfeasor in accordance with the law applicable to a particular legal relationship. The Company is not responsible for health damage and/or property of the student, except of covered cases.
7.4 The student is responsible for the improper fulfilment of its obligations under this contract in accordance with applicable law.
8. Complaints (claims) and dispute resolution
8.1 Student shall present the claims about the quality of the provided services in writing form to the representative of the host country in the host country at the time. Student Complaints should be submitted in writing form with the application of evidence supporting the validity of claim requirements.
8.2 The Company and Student resolve the disputes which come out because of Agreement or in connection with its execution through negotiations. The student has the right to solve the dispute with the Company in a court in the manner prescribed by law.
9. Force-majeure
9.1 The Parties are free of responsibility for partial or full nonfulfillment assumed by the present contract obligations if such failure was caused by force majeure after the conclusion of this agreement. In the event of force majeure before the tour the students return the amount of money paid. In case of force majeure occured during the commission of the tour, a part of the cost returns to a Student , which is proportional to the cost of not provided services.
Explicit consent (SERVICES)
TERRA EDUCATION ABROAD, S.L. is the Controller of the Data Subject’s personal data andinforms him/her that these data shall be processed in accordance with the provisions of Regulation(EU) 2016/679 of 27 April (GDPR) and the Organic Law 3/2018 of 5 December (LOPDGDD), providingthe following information on the processing:
Purposes and legitimacy of the processing: provision of the requested services (because it isnecessary for the execution of the contract that implies said services, art. 6.1.b GDPR) and sendingcommunications concerning products or services (with the consent of the Data Subject, art. 6.1.aGDPR).
Data retention criteria: data shall be stored for no longer than is necessary to maintain the purpose ofthe processing or for as long as there are legal prescriptions dictating their custody, and when suchpurpose is no longer necessary the data shall be erased with appropriate security measures to ensurethe anonymization of the data or their complete destruction.Data disclosure: data will not be disclosed to third parties, unless legally obliged to do so or that isnecessary for the provision of the service.
Rights of the Data Subject:
- Right to withdraw this consent at any time .
- Right of access, rectification, portability and erasure of the data and those of limitation or opposition totheir processing.
- Right to submit a complaint to the Supervisory Authority (www.aepd.es) if they consider that theprocessing does not comply with current legislation.
Contact information to exercise their rights:
TERRA EDUCATION ABROAD, S.L.. CALLE RIO ULLA, 26 4 IZDA - 28017 MADRID (Madrid). E-mail:This email address is being protected from spambots. You need JavaScript enabled to view it.com
This email address is being protected from spambots. You need JavaScript enabled to view it. Data Subject or their legal representative allows their data to be processed in the outlined terms:
Name ........................................................................................, with TIN .............................Legal representative of ..................................................................., with TIN .............................Signature:
