- General terms ans conditions of the MP program
1. Links to the Brochure
For the purposes of these General Conditions, the Brochure of the current year is the informative document in which they are incorporated. The Brochure includes information about the Free Time Monitor Training Program called the "Monitoring Project" (hereinafter referred to as "MP Program" or simply "Program"), including its duration, accommodation features, scheduled activities, price, and in general, necessary and appropriate information about the features of the MP Program. The information contained in the Brochure is binding by English Summer S.A. unless one of the following circumstances occurs:
That changes to such information have been communicated in writing to the participant or his/her legal representative (hereinafter: the Participant) prior to the date of conclusion of the contract, and this possibility has been expressly mentioned in the Brochure. Subsequently made amendments are expressly agreed upon, and, in writing, between the contracting parties. Due to a case of force majeure.
2. General Data
The company responsible for the offer of the MP Program in the Brochure is: English Summer S.A., domiciled in L'Espluga de Francolí (Tarragona), road de les masies km.2, CP:43440, and with CIF:A43091388.
3. Legal regulation applicable to the contract and acceptance of the General Conditions
These General Conditions are subject to the R.D.L. 1/2007 of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users, Law 7/1998, of April 13, on the General Conditions of Contract, Law 34/2002 of July 11 on Information Society Services and Electronic Commerce, and the Civil Code. These General Conditions shall be incorporated, signed by the contracting parties, into all contracts of the English Summer S.A. Program, whose purpose are the Programs contained in the Brochure, and oblige the parties, together with particular conditions that are agreed and those that could be established for each Program. For the purposes of law 1/2007, the Participant, or his/her legal representative, act as a Consumer or End User.
4. Services included
The MP Program includes the training course of the Free Time Monitor during the six-week period, on a residential basis, distributed in any of the centers available to English Summer S.A. The six-week period takes place for two consecutive summers. The Services included in the price are:
Accommodation on a full board basis during the six weeks. Lessons taught by accredited teachers. Practical program in the same residential center acting as a monitor assistant. Tutoring and personal assistance throughout the MP Program with a Responsible Monitor and the director of the residential center. Continuous personal reports on the aspects and competencies to be covered throughout the period. At the end of the period, a certificate of attendance is included (the official title is not included in this Program). Participant T-Shirt in the MP Program. Laundry service according to schedule. Accident insurance and Civil Liability. VAT is included in all prices.
Services that are NOT included:
Personal expenses for the entire six-week stay. Health insurance and medicines. Transports to or from the residential center except those scheduled for this purpose. This Program does not include the intensive course or access to the Official Title that takes place in another week-long supplementary program offered to MP Program Participants who are eligible for the title.
5. Conditions and registration process
Due to the limitation of places offered each year, the final registration to the Program will be conditioned on the completion of a selection process scheduled in the month of March. Previously you must have completed the form published on the website www.englishsummer.com, section "work with us". The notification of the acceptance of registration will be made by email, where the method of payment will be indicated. Subsequently, the periods and centres in which the Program will be developed will be communicated, requesting the final response of the participant.
English Summer S.A. reserves the right of admission of registration. This is personal and non-transferable and is considered independent to the method of payment. However, it may be cancelled if the entire price agreed upon acceptance has not been paid before the program begins, and the Participant has renounced the Program.
6. Cancellation, non-presentation and/or abandonment of the Program by the Participant
In the event that a Participant decides to cancel the contracted Program, he/she must notify English Summer S.A. in writing. The Participant shall be entitled to the refund of the amounts that he/she has paid in advance to English Summer S.A. for the weeks not attended from the week following the communication.
The amount of the air tickets or other transport costs that English Summer S.A. processes for its customers through Travel Agencies, is not included as part of the Program for cancellation purposes, as the conditions are different according to the wholesaler, the airline , the type of fare, etc., so the cancellation conditions that govern in each particular case will apply.
The sum of services included in the program cost is considered to be a complete Program or single indivisible package; and since it is offered to all Participants, it may not be discounted separately, even if a Participant ultimately decides not to participate in any activity or voluntarily decides to waive the Program.
7. Alterations and incidents of the program
English Summer S.A. undertakes to provide participants with all the contracted services contained in the Program, with the conditions and characteristics stipulated. However, the following considerations should be taken into account:
In the event that, prior to the start of the Program, English Summer S.A. is forced to modify significantly, some essential element of the contract, including the price, they must immediately inform the Participant. The Participant can terminate the contract or accept a modification to the contract. In the latter case, English Summer S.A. will specify the changes made, and its impact on the price of the Program.The Participant must communicate the decision taken as soon as possible, and in any case, within three days of being notified of the modification of the Program. In the event that the Participant does not notify English Summer S.A. of its decision within three days, it will be understood that you opt for the resolution of the Program. In the event that English Summer S.A. is forced to cancel any of its Programs for reasons not attributable to the Participant, or in the event that the participant chooses to terminate the contract under subparagraphs (a) or (b), English Summer S.A. will reimburse the Participant for all the amounts paid for the Program. English Summer S.A. has no s obligation to indemnify the Participant when the cancellation of the Program is due to reasons of force majeure. There will also be no obligation on the part of English Summer S.A. to indemnify the Participant in the event that the cancellation of the Program occurs because it does not reach the minimum number of 4 persons per term, required for its effective realization. In these cases, English Summer S.A. will notify the Participant in writing, at least fifteen days before the start date of the Program, that the minimum number of Participants has not been reached and that, therefore, the Program has been cancelled. In this case, the Participant shall be entitled to reimbursement of all amounts paid by the Program, or its proportion over six weeks, when cancellation occurs during the initial period.
8. Admission and start of the Program
The beginning of the Program is established from the day indicated in the registration form and once the admission is formalized at the center, where the legal guardian must provide the necessary documentation, at which time English Summer S.A. takes care of the Participant. In case of transfers, it will be from the moment the accredited staff of English Summer S.A. collect the Participant to be transferred to the destination center.
English Summer S.A. reserves the right not to admit Participants who are not in possession of the necessary documentation. This is: the signed personal medical form, the health card or health insurance, and the relevant authorizations from your legal guardian.
The inaccuracy, concealment or lack of data and personal circumstances of the Participant may be grounds for cancellation of registration by English Summer S.A. Similarly, in case of infectious-contagious disease, English Summer S.A., reserves the right not to admit the Participant in the Program.
In the case of requesting the optional transfer service to or from the airport, station or town, it must be notified with sufficient time, delivering the relevant documents. These are: Travel tickets, identity documents, travel authorization ... Etc. English Summer S.A. will not be responsible for the expenses that occur due to the lack of necessary documentation (cancellations, purchase of new tickets and other arrangements). In the case of transfers, as well as in their optional departures, English Summer S.A. only acts as a mediator before the transport and service companies, so it cannot be held responsible for possible delays, cancellations, alterations, accidents or loss of luggage.
9. Rules of mandatory compliance during the development of the Program
The Participant undertakes to respect the rules regarding the schedules, obligation of attendance to the classes, and to all the activities scheduled in the practical part of the Program, rules of conduct and coexistence with teachers and colleagues; as well as compliance with general rules, prohibitions on possession and use of tobacco, alcohol and drugs, ... Etc. English Summer S.A. will provide the Participant with a copy of the Applicable Rules at the different centers.
Likewise, since the Participant is a minor during the Program, the User will be required at the beginning of the Program to sign the rules of confidentiality and data protection. These are mandatory rules throughout the Program period.
10. Possible Expulsions
In the event of non-compliance by the Participant with the rules of the center in which the Program is developed, rules of confidentiality, lack of discipline, alcohol use, tobacco or drugs ...the participant may be expelled from the Program without the right to compensation. In such a case, the Participant or their legal representatives must bear the expenses arising from their return to their home: cancellation costs, return travel, compensation for damages to third parties and those that the English Summer S.A. organization is obliged to perform as a result of the Participant's actions, apart from any other liability due to the will or negligence of the Participant.
Differences and/or claims that, in the Participant's opinion, arise during the development of the contracted Program, must be brought to the attention of English Summer S.A., in order to offer a satisfactory solution immediately. In the event that the proposed solution is not satisfactory to the Participant, the Participant will have a period of one month to submit a written complaint to English Summer S.A. After obtaining the relevant documentation, it would in turn have a period of one month to respond to the complaint raised by the Participant. If the solution proposed by English Summer S.A. is also not satisfactory, the consumer may take the corresponding actions.
In compliance with current legislation, English Summer S.A. has subscribed to Civil Liability and Accident policies with the insurer AXA. A copy of such policies is available to any interested party. In case of compensation, the amounts that exceed the coverage established in the policy prescribed by English Summer S.A., (coverage amounts to 450,000 euros) will be the responsibility of the Participant or their legal representative. English Summer S.A. is not responsible for losses or losses of assets of the Participant that have not been placed in the custody of the organization by means of proof.
13. Technical travel organization
In case of requesting the service of purchasing air tickets or other complementary transports to the Program, the technical organization is carried out by English Summer S.A. with the travel agency code GC003830.
14. Use of the image of the Participants
In accordance with the provisions of Law 1/1982, of May 5th of civil protection of the right to honor, personal and family privacy and the image itself, by expressly indicating it in the corresponding box of the form, the Participant or his legal representative, expressly authorize English Summer S.A. for the possible acquisition and subsequent treatment of the participant's image in relation to the activities carried out during the Program, in order to be able to include it on the website (www.englishsummer.com), in advertising actions and / or on social networks managed by English Summer S.A. and / or in any other informative or commercial action that we may initiate in the future.
The Participant and/or his/her legal representative may revoke this authorization at any time, but - in such a case - they must indemnify English Summer S.A. for any damages that may cause.
15. Legal authorization for minors
On the day of entry the following must be provided: the medical form signed by the Participant's legal representative which includes the legal authorizations. These are:
Authorization to participate in all activities and sports provided for in the Contracted Program, as well as optional and leisure activities to which you may enroll. This authorization includes scheduled departures outside the school grounds, and trips to external facilities (swimming pool, tennis club, horse riding, nautical, ... etc.) according to Program. This authorization excludes those expressly indicated by the parents, in the "Restriction of activities" section of the form. Authorization to travel for medical assistance, to transfer the Participant to the nearest health centre with the corresponding means of transport and accompanied by a monitor. Transfer authorization: In case of requesting the transfer service, the Participant is authorized to travel by public or private transport, to be the minimum time required both in the departure terminal, and at the arrival terminal of the airport or station, until they are picked up by their relatives or the representative of English Summer S.A., as well as the deferments contracted to or from the school accompanied by a monitor. Authorization of departures: The Participant shall be authorized to leave the school premises accompanied by third parties provided that it is indicated on the file and indicating the full name of the authorized person.
16. Physician and/or surgical treatment of the Participant
In the event that a minor Participant is in a position to need medical treatment, and/or to be interned, and/or surgically operated without the staff of English Summer S.A. being able to locate their parents or legal representatives, such personnel shall be sufficiently authorized to take the urgent and necessary measures they deem most appropriate to safeguard the health of the Participant. The expenses of care, their medicines and transfers not covered by Social Security or by the Participant's private insurance, will be accounted for and charged.
17. Protection of personal data
In compliance with The provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016 (GDPR) you are informed that the data provided will be processed by English Summer S.A., responsible for the file, with the number of CIF A43091388, with postal address in C/. St. Francesc, 4 4003 Tarragona, phone number 902153049 and email firstname.lastname@example.org. You can contact the Data Protection Officer by email email@example.com. The personal and curricular data of the Participant provided voluntarily will be processed in order to meet this request for registration and the administrative procedures that arise. The contact details of the Participant and the parents or legal representatives of the minors will be treated for the purpose of sending communications that may be of interest to them, by any means, about news, events, services and / or future activities by English Summer S.A. The personal data provided will be kept for the time necessary to comply with legal and contractual obligations according to current regulations at that time.
The legal basis for the processing of the data collected is based on the fulfilment of contractual obligations arising from this application for registration to the MP Program. The legal basis for the processing of identifying data for the sending of communications will be based on the express consent contained in the form, without in any case the withdrawal of this consent conditions the processing of this request. You are informed that you can exercise your rights of access, rectification, deletion, limitation, portability and opposition. You can obtain more information about your rights by going to the website of the Spanish Data Protection Agency, as well as file a complaint with this body if considered appropriate.
18. Transfer of data
The Participant's data will be communicated to:
The insurer AXA SEGUROS to link the beneficiaries of the insurance policies. The company EXYT S.L. for the computer application of parental control. The company SIMPPLE S.L. for the management of web forms. In the Nautical Programs, the Yacht Club of Tarragona to relate the beneficiaries of the insurance policy. In the case of medical assistance, the corresponding health system. MICROSOFT for administration. MAILCHIMP for sending newsletters. Any other entity that is necessary for the correct provision of the services.
The authorization for the possible acquisition and subsequent treatment of its image stipulated in clause 14, will remain in force until December 31, 2021. The other clauses will be valid for the year in which the Program ends: if the six weeks are held in 2 years, it will be until December 31, 2020. The date of edition of the Brochure is November 10, 2018.
20. Dispute Resolution
Any dispute that may arise between the parties in connection with the interpretation, performance of this contract shall be resolved by the competent Courts in accordance with the applicable legislation.
21. Limitation of shares
Actions arising from this contract shall be prescribed for the course of two years.
22. Rules during the Course
As a supplement to point 9 of these General Conditions, in addition to the particulars of the center:
English Summer S.A. is not responsible for those valuables that have not been previously deposited with the secretary of the center. This includes: passport or ID card, transport company tickets, cash and personal documentation. Mobile phone devices will be delivered to the front desk for safekeeping. English Summer S.A. reserves the right to temporarily retain until the end of the Program, any object owned by the Participant that may cause inconvenience, or health risks to other Participantes. It authorizes English Summer S.A. to administer the student's personal money, during the contracted period, following the instructions of his/her legal guardian. The student's cash will be credited to his/her personal account until his/her withdrawal on the last day of the Program.The damages caused directly by the student will be deducted from his/her personal account. For the purpose of returning lost items, or clothing, English Summer S.A. undertakes to ship home within ten days of the completion of the Program by postal package, all garments and equipment identified with the student's name. English Summer S.A. is not responsible for claims within two months of the completion of the Program.