These Terms of Business (“Terms”) govern the relationship between the Student and the Company. By submitting the Registration Form the Student has agreed to be bound by these Terms:
• 1.1 In these Terms:
◦ “CONTRACT” means the contract for the provision of the Course, comprising the Agreement and Registration Form and these Terms.
◦ “COMPANY” means Barcelona Technology School, B-66529926, at C/Almogàvers, 123 Barcelona, Spain.
◦ “COURSE” means the service to be provided by the Company for the Student and referred to by course title or course reference code in the Registration Form and more particularly described in the Published Literature.
◦ “COURSE FEES” means the price of the Course as set out in the Published Literature.
◦ “COURSE MATERIALS” means any Documents or other materials, and any data or other information provided by the Company relating to the Course.
◦ “DOCUMENT” includes, in addition to a document in writing, any plan, design, drawing, picture or other image, or any other record of any information in any form.
◦ “PUBLISHED LITERATURE” means the Company’s website, brochures and other information documents containing details of the Company, Courses being offered and any other information that may be relevant to Students and Prospective Students.
◦ “REGISTRATION FORM” means the registration form completed by the Student.
◦ “STUDENT” means the person named on the Registration Form submitted to the Company for whom the Company has agreed to provide the Course in accordance with these Terms.
◦ “PARTIES” means company and students together.
• 1.2 The headings in these Terms are for convenience only and shall not affect their interpretation.
2. Supply of the Course
• 2.1 The Company shall provide the Course to the Student subject to these Terms. Any changes or additions to the Course or these Terms must be agreed in writing by the Company and the Student.
• 2.2 The Course shall be provided in accordance Published Literature relating to the Course from time to time, subject to these Terms.
• 2.3 Further details about the Course, and advice or recommendations about its provision, which are not given in the Promotional Literature, may be made available on written request.
• 2.4 The Company may correct any typographical or other errors or omissions in any Promotional Literature, quotation or other document relating to the provision of the Course without any liability to the Student.
• 2.5 The Company may at any time without notifying the Student make any changes to the Course which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Course nor the qualification to be gained at the end of the Course.
• 2.6 Please note that filming and photography may take place at the training centre. This media may be used by Barcelona Technology School and its affiliate organizations for both security and promotional reasons. By entering the training centre you hereby acknowledge and consent to such recordings being made. Please note that we are entitled to make full use of any film and/or recording in all current and future media worldwide without any liability or payment to you. If you have any issues or concerns regarding this, please speak to a member of the reception team onsite to discuss further.
3. Fees and Charges
• 3.1 Subject to any special terms agreed or loan arrangements between the Company and the Student, the Student shall pay the Course Fees as to 50% after acceptance by admission board upon submission of the Registration Form.
• 3.2 The Company is not obliged to hold a place for a Student on a particular Course where the Student has not paid the Course Fees as to 100% before the commencement date of the course.
• 3.3 All charges quoted to the Student for the provision of the Course are exclusive of any Value Added Tax, for which the Student shall be additionally liable at the applicable rate from time to time.
• 3.4 The Company shall be entitled to invoice the Student immediately following completion of the Course for expenses or charges (if any) incurred by the Student which are not part of the Course Fees.
• 3.5 The Company reserves the right to refuse the Student admission to the specific Course booked where all Course Fees have not been paid in full by the times set out in this Clause.
• 3.6 If the Student attends any part of the Course then the Course Fees in full shall be due and payable and no refunds shall be payable except as specifically set out herein.
4. Rights in Course Materials
• 4.1 The property and any copyright or other intellectual property rights in any Course Materials shall belong to the Company, subject only to the right of the Student to use the Course Materials for the purposes of the Course and for the Student’s own personal use and information.
• 4.2 The Student shall not be entitled to copy the Course Materials or any part thereof without the express permission of the Company.
5. Warranties and Liability
• 5.1 The Company warrants to the Student that the Course will be provided using reasonable care and skill and, as far as reasonably possible, in accordance with the Registration Form and other published literature and at the time or times referred to in the Registration Form.
• 5.2 Except in respect of death or personal injury caused by the Company’s negligence, or as expressly provided in these Terms, the Company shall not be liable to the Student by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Company, its servants or agents or otherwise) which arise out of or in connection with the provision of the Course or its attendance by the Student, and the entire liability of the Company under or in connection with the Contract shall not exceed the amount of the Course Fees, except as expressly provided in these Terms.
• 5.3 The Company shall not be liable to the Student or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Course, if the delay or failure was due to any cause beyond the Company’s reasonable control.
• 5.4 The Student shall be deemed to have satisfied him/herself that the Course described in Published Literature accords with the Student’s requirements. Subject to Clause 2.5 above the content of the Course is limited to those matters and subjects as are specifically set out in the Published Literature or other information that may be supplied to the Student by the Company in relation to the Course.
• 5.5 The Company warrants that the Course is structured for and contains the appropriate information to achieve the specific standards or qualifications as are specifically described in the Published Literature (or as amended in accordance with Clause 2.5) in relation to the Course but the Company does not warrant that such standards or qualifications will be achieved by any Student.
6. Cancellation, Rescheduling and Refunds
• 6.1 At any time up to 60 days prior to the commencement date of the Course for which a Student is registered the Student shall be entitled to cancel that registration subject only to the Company’s right to charge a maximum of 500€ in respect of administration costs.
• 6.2 No refunds will be authorized for cancellations made with less than 30 days prior to the commencement date for the Course for which the Student is registered.
• 6.3 The Company reserves the right to charge the Student 50% of the overall cost of the Course in case the Student cancels its enrolment to the course within 60 and 30 days prior to the commencement date for the Course for which the Student is registered.
• 6.4 In case of Visa refusal to travel to Spain, Barcelona Technology School will deduct 500 € as an administration fee. In circumstances where an application is refused by Spain High Commission on the grounds of fraudulent documentation or other irregularities, no refunds will be authorized.
• 6.5 The Company reserves the right to cancel any Course where the Company reasonably believes that it is impractical to run a particular Course or where the number of Students enrolled for a particular Course makes it uneconomical for the Company to run that Course at that time or at all. In any such case the Company shall endeavour to notify the Student of cancellation at the earliest opportunity and the Company shall bear no liability in respect of such rescheduling or cancellation save that the Company shall reimburse all Course Fees already paid if the Student does not wish to attend any future Course.
• 7.1 These Conditions (together with the terms, if any, set out in the Registration Form) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
• 7.2 A notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
• 7.3 No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
• 7.4 If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
• 7.5 Spanish law shall apply to the Contract and the parties agree to submit to the exclusive jurisdiction of the courts in Barcelona, Spain.