TERMS & CONDITIONS
Terms and Conditions
Terms and Conditions (“Terms”)
Last updated: July 2020
Please read all of these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.travel-lingual.com website. If there is anything that is unclear or that you feel requires clarity, please contact us.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer). We are https://www.travel-lingual.com trading as travel-lingual.
2. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services from https://www.travel-lingual.com if you are in agreement with these Terms.
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally binding agreement between you and us for the supply of Services;
5. Delivery Location means the Supplier’s premises or other location where the Services are to be supplied
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
8. Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website;
10. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
11. Website means our website https://www.travel-lingual.com on which the Services are advertised.
12. The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the length and format of any Goods supplied.
13. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
14. All Services which appear on the Website are subject to availability.
15. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
16. You must cooperate with us in all matters relating to the Services, provide us and our authorised employees and representatives with any access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licenses and consents (unless otherwise agreed).
17. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
19. We may contact you by using e-mail or other electronic communication methods and you explicitly agree to this.
Basis of Sale
20. The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
21. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the order. It is your responsibility to check that you have used the ordering process correctly.
22. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation fo the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services. If you do not receive Order Confirmation within 24 hours then you should notify us of this.
23. Any quotation or estimate of Fees (as defined below) is valid for a maximum of 30 days from its date, unless we expressly withdraw it at an earlier time.
24. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
25. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Customer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
Fees and Payment
26. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
27. Fees and charges include VAT at the rate applicable at the time of the Order.
28. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.
29. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
a. in the case of Services, within a reasonable time: and
b. in the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
30. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
31. In any case, regardless of events beyond our control, if we do not delivery the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
32. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
33. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
34. Unless explicitly agreed otherwise in writing, all Services will take place online via Zoom, Skype or our virtual platform.
35. We reserve the right to change the tutor providing the Services at any time if presented with exceptional circumstances.
36. Services should be carried out for the amount of time stipulated on the Contract, unless otherwise agreed in writing between you and the tutor delivering the Services.
37. In order to deliver the Services at a high standard as advertised on the Website, tutors are responsible for providing the resources and expertise necessary to help you to improve confidence and fluency in the respective language.
38. You will be contacted by your tutor to schedule delivery of the Services once the Contract has been entered into. It is between you and the tutor to arrange convenient dates and times which suit both parties, in order to carry out the delivery of the Services stipulated in the Contract.
39. Each class should be 1 hour long unless otherwise agreed between you the tutor.
Withdrawal and Cancellation
41. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
42. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:
a. goods that are made to your specifications or are clearly personalised;
b. goods which are liable to deteriorate or expire rapidly.
Right to cancel
43. Subject as stated in these Terms and Conditions, you can cancel this contract within 24 hours without giving any reason.
44. The cancellation period will expire after 24 hours from the time on which you acquire, or a third party, other than the carrier, acquires physical possession of the last of any Goods. In a contract for the supply of services only (without goods), the cancellation period will expire 24 hours from the day the Contract was entered into. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
45. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. an email).
46. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise to the right to cancel before the cancellation period has expired.
Commencement of Services in the cancellation period
47. We must not begin the supply of a service (being part of the Services) before the end of the cancellation period unless you have made an express request for this service.
Effects of cancellation in the cancellation period
48. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, (except any international transfer fees which may arise).
49. Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract.
Timing of reimbursement
50. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
51. We will make the reimbursement using the same means of payment as you used for the initial transaction. This is non-negotiable. You will not incur any fees as a result of the reimbursement.
Conformity and Guarantee
52. We have a legal duty to supply the Goods and/or Services in conformity with the Contract, and will not have confirmed it it does not meet the following obligation.
53. Upon delivery, the Services will:
a. be of satisfactory quality;
b. conform to the description as specified on the Website.
54. It is not a failure to conform if the failure has its origin in your materials (e.g. a poor internet connection).
55. We will provide the following after-sales service:
The supplier will provide the customer with language tuition in the respective language.
56. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, termination and suspension
57. The Contract continues as longs it takes us to perform the Services.
58. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed within 30 days of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation
59. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Successors and our sub-contractors
60. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors (tutors) who it chooses to help perform its duties.
Circumstances beyond the control of either party
61. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).
62. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
64. For the purposes of these Terms and Conditions:
a. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
b. ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
65. We are a Data Controller of the personal Data we Process in providing the Services and/or Goods to you.
66. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
67. For any enquiries or complaints regarding data privacy, you can e-mail: firstname.lastname@example.org
68. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made.
Governing Law, Jurisdiction and Complaints
69. The Contract (including any non-contractual matters) is governed by the law of England and wales.
70. Disputes can be submitted to the jurisdiction of the courts of England and wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
71. We try to avoid any dispute, so we deal with complaints as follows:
If a dispute occurs, customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.
Email address: email@example.com
Telephone number: +44 7894 065 952
If you wish to purchase any product or service made available through the Service “Purchase” or “Book Now” you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, email address and bank account details. This ensures that payment is completed and that we are able to contact you to fulfil your order.
Some parts of the Service are billed on a subscription basis. You will be billed in advance on a recurring monthly basis.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by https://www.travel-lingual.com.
https://www.travel-lingual.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that https://www.travel-lingual.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 (change this) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions about these Terms, please contact us via the email address firstname.lastname@example.org or via the contact form on the website https://www.travel-lingual.com
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