Terms & Conditions
MARLBOROUGH COLLEGE OPEN MINDS TERMS AND CONDITIONS
Marlborough College Open Minds
1. About you – the Parent or Legal Guardian
By making a booking, either for yourself or another person or persons, through the Open Minds website or by post you confirm that you accept the Marlborough College Open Minds Customer Charter.
2. How the contract is formed between you and Marlborough College Open Minds
2.1. Your booking constitutes a request to us to reserve a place for your child on a Course with a specific start date (Course Commencement Date). All bookings are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email or postal confirmation verifying that a place has been reserved for your child on the Course. The contract between us (Contract) will only be formed when we send you the Course Confirmation.
2.2. The Contract will relate only to those Courses for which we have provided a Course Confirmation and the value of the Contract will be the sum of the total booking on the original confirmation.
3. Payment Terms
3.1. A deposit of 20% per student can be made at the time of booking with balance payable on 1st May. Open Minds courses booked after 1st May must be must be paid in full at the point of booking.
3.3. If these payments are not adhered to, Marlborough College Open Minds have the right to cancel the relevant booking.
4. Cancellation of Course booking policy
4.1. If you have booked a Marlborough College Open Minds course, you may cancel a course booking at any time. To cancel a course booking, you need to inform Marlborough College Open Minds in writing.
4.2. If you cancel a course booking within seven days of the booking being processed, provided that the course has not commenced, you are eligible to receive a full refund (including deposit).
4.3. If you cancel an Open Minds course before 1st May, Marlborough College Open Minds will withhold the deposit and pay any other monies back via the method in which you originally paid.
4.4. If you cancel an Open Minds course after 1st May, Marlborough College Open Minds will withhold all monies paid.
4.5. If Marlborough College Open Minds cancels a programme before it commences you will be eligible for a full refund of the course fee for which you have paid.
4.6. Marlborough College Open Minds will refund any money received using the same method originally used when taking the booking.
4.7. Where a fee is taken in cash, the fee will be refunded by cheque. A payment will be made within 30 days of you providing Marlborough College Open Minds with a cancellation notice within the time periods described in the Cancellation Policy that attract a refund.
4.8. Marlborough College Open Minds would strongly advise insuring against cancellation as this is the only way of ensuring that your money is refunded in full if the student cannot attend your course.
5. Price and payment
5.1. You will be responsible for paying us the Course Fee (minus or including the deposit) unless you cancel your booking within the period of eligibility for a refund as set out in the Marlborough College Open Minds Refund Policy and Cancellation Policy.
5.2. The Course Fee will be as quoted on the Marlborough College Open Minds website. Course Fees are liable to change at any time, but changes will not affect bookings in respect of which we have already sent a Course Confirmation.
5.3. We are under no obligation to book you on a Course at an incorrect price, even after we have sent you a Course Confirmation, if the pricing error is obvious and could have reasonably been recognised by you as a misquoted price.
5.4. All payments for Courses must be made at the time you make your booking, either by deposit or in full.
6. Refunds policy
6.1. The 20% deposit is non-refundable by Marlborough College Open Minds (except in the case of clause 4.2). The balance will be refunded by Marlborough College Open Minds for cancellations notified prior to 1st May, otherwise it will be retained after this date.
6.2. If we cancel a programme before the programme begins, you will be eligible for a full refund.
6.3. We will usually refund any money we receive from you within 30 days of receiving your cancellation request providing it is in accordance with the provisions for refund eligibility described in the Cancellation Policy. The refund will be made using the same method you originally used to make your booking.
7. Marlborough College Open Minds liability
7.1. Marlborough College Open Minds liability for losses you suffer as a result of us breaking this agreement is strictly limited to a refund of the Course Fee that you paid.
7.2. Marlborough College Open Minds liability shall not extend to loss of income, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, or any indirect or consequential loss, damage or expense.
7.3. This clause does not limit in any way our liability resulting from any fraud or misrepresentation, or for death or personal injury caused by our negligence.
8. Written communications
8.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the website, you accept that communication with us will be mainly electronic.
8.2. Marlborough College Open Minds will contact you by email or provide you with information by posting notices on our website. We will also send out confirmations by email as well as the final confirmations and Student Handbook to all our customers who have booked, but no other postal communications will be made.
8.3. For contractual purposes, those who have given us their email address agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
9.1. All notices given by you to us must be sent to Marlborough College Open Minds, Marlborough, Wiltshire SN8 1PA or to the email address firstname.lastname@example.org. We may give notice to you at either the email or postal address you provide to us when making a booking.
9.2. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or three days after the date of posting of any letter.
9.3. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.
9.4. It is the responsibility of the Customer to make sure Marlborough College Open Minds have any change of email/postal address so their records are correct at all times.
10. Transfer of rights and obligations
10.1. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
10.2. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
11. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, Force Majeure, explosion or accident.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
In order to discharge our obligations under the Disability Discrimination Act, customers with disabilities are asked to provide sufficient information about their disability at the time of booking to enable us to consider whether reasonable adjustments can be made to accommodate them.
15. Parental Consent Forms
Marlborough College Open Minds will issue a Parental Consent Form for each child attending, which must be completed and returned prior to arrival. The information must include emergency contact details for all children under the age of 17 years. You understand that your child will not be able to attend Open Minds without a Parental Approval Form.
Official photographers will be at work during the event and Marlborough College Open Minds reserve the right to use any photographs for their publications or for marketing purposes.
17.1. Marlborough College Open Minds would strongly advise insuring against cancellation as this is the only way of ensuring that your money is refunded if you cannot attend.
17.2. Marlborough College Open Minds cannot be responsible for the loss or damage of personal possessions and we strongly advise you to have appropriate cover during your stay.
18. Entire agreement
18.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
19. Our right to vary these terms and conditions
19.1. Marlborough College Open Minds have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
19.2. You will be subject to the policies and terms and conditions in force at the time that you book Courses with us.
20. Law and jurisdiction
20.1. Contracts for the purchase of Courses through the Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.
20.2. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England.