Article 1: Definitions 1.1 The agent The person or company which advises and mediates between the constituent and the service provider in order to form an agreement. In this case: Lingua. 1.2 Service provider The language school, transport company, travel company or other service provider within the travel segment with whom the constituent reaches an agreement. The service provider is responsible for the execution of the agreement. 1.3 Constituent a. the student, b. the person or company for whom the agent mediates in order to come to an agreement with the service provider.
Article 2: Agreement and enrolment 2.1 Lingua operates as a travel agent and facilitates agreements between language students and language schools or similar institutions abroad. Lingua arranges the booking and reservation. The execution of every component of the agreement is taken into account and the risk to the parties concerned is enclosed within the agreement. 2.2 Unless mentioned or agreed otherwise, the agreement is valid after the constituent has made an enrolment on the Lingua website and completed the down payment (deposit) as described in article 3.1. 2.3 For enrolments made within 14 days prior to the start of the course, the constituent is obliged to verify the course and accommodation availability by contacting Lingua. Only when Lingua confirms the availability the agreement is valid. 2.4 The agreement and general conditions are subject to the Dutch law. Any dispute will be settled in a Dutch court of law.
Article 3: Payment 3.1 Together with the enrolment, the constituent has to pay a deposit. The sum of the deposit equals the sum as mentioned in the instructions. 3.2 Unless mentioned or agreed otherwise, the constituent is obliged to pay the total sum (minus the deposit) to the language school on the first course day. Surcharges might apply, depending on the chosen payment method. 3.2 When making a payment by bank transfer, the constituent is obliged to pay the total of fees charged by the bank. Only the net amount is regarded as the payment. 3.3 When the constituent choses another payment method, a surcharge might apply, which will be paid by the constituent. 3.4 When the constituent makes a payment in a currency different than the school’s currency, a surcharge to cover costs for currency exchange might apply, which will be paid by the constituent. 3.5 The constituent, who doesn’t meet one’s obligation to complete the payment owed to Lingua, is obliged to pay the expenses of legal collection costs of 15% of the claim, at a minimum of 50 EUR or 80 USD.
Article 4: Total sum 4.1 The total sum consists of the costs of the course, accommodation and any other extra services or fees. 4.2 The total sum communicated is considered to be the price per person, unless otherwise indicated. 4.3 The total sum is based on the prices, values, rates and taxes as known to Lingua on the day of enrolment.
Article 5: Language course, accommodation and activity program 5.1 Unless otherwise agreed, the first day of the course is on a Monday and the last day of the course is on a Friday. 5.2 On public holidays there will be no classes. The school will is free to decide which public holidays the school is closed. Missed classes because of a holiday will not be made up for, but he school is free in her decision to deviate from this condition. 5.3 In case the number of students in certain level group is 2 or less, the school retains the right to reduce the number of hours proportionally. 5.4 The school retains the right to determine the timetable of the lessons. 5.5 Course materials, examination fees, airport transfers, and the cost of activities and excursions are not included in the course price, except where specifically stated. 5.6 Unless otherwise agreed: the accommodation can only be booked per complete week, the day of arrival is on a Sunday and the day of departure is on a Saturday. Arrival after 22.00h might not be possible and/or have an extra charge. 5.7 Extra nights can be booked at additional costs and are subject to availability. 5.8 The distance from the school to the accommodation as shown on the Lingua website is a time indication for the maximum distance by foot or public transport. Travel time can vary. 5.9 The student is obliged to follow the accommodation rules provided by the school and/or the landlord/landlady. These rules can contain not being allowed to bring over visitors. 5.10 Examples of activities and excursions running during the language courses are merely an indication of possible activities. Some activities may not run at all or may be substituted by other activities. In low season, there may be no activities organised at all.
Article 6: Documents 6.1 The constituent is responsible for having the correct documents and insurance regarding the stay abroad. 6.2 In case the constituents need the letter of acceptance for his visa application, this letter can only be issued by the school if the enrolment form has been received and the total sum for the course and accommodation has been made in advance. In case this letter has to be sent by express mail, an extra fee will apply. 6.3 In case the visa application fails, Lingua will refund the total amount paid, as mentioned in article 3.1, to the constituent minus an administration fee of 200 GBP or 250 EUR or 300 USD or 300 CAD. This refund will only be done when the constituent meets the following requirements: 6.3a Lingua receives a written notice by the constituent of the failure of the visa application at least 14 days prior to the arrival date. If there is no accommodation reserved, the first day of the course is regarded to be the arrival date. 6.3b Lingua receives a copy of the official letter of visa denial from the embassy or consul where the constituent has applied.
Article 7: Travel information 7.1 The required travel information will be in possession of the constituent between 14 and 5 days before the first day of course. This only when the payment as described in article 3.1 is completed and the enrolment is confirmed by Lingua. 7.2 The constituent is obliged to inform Lingua of the details of their arrival, etc. as requested by Lingua. If the constituent sends incomplete information, or sends the information too late, Lingua cannot guarantee to properly arrange the airport transfer or the pickup of the apartment key. 7.3. The constituent is responsible for arranging a sufficient insurance that covers costs for accidents, illness, loss of personal property, etc.
Article 8: Cancellation and modification by the constituent 8.1 Only a written notice of cancellation by the constituent is accepted as a cancellation. The date of cancellation is regarded to be the date on which the written notice was received by Lingua. 8.2 In case the agreement is cancelled by the constituent, the following rules apply: 8.2a In case of cancellation up to 28 days before the arrival date the constituent is entitled to a refund of 100% of the fee for the course, accommodation, airport transfer and special programme minus the deposit. 8.2b In case ofcancellation from the 28th day (including day 28) up to 14 days before the arrival date the constituent is entitled to a refund of 100% the course, accommodation, airport transfer and special programme minus the sum of the deposit and the fee for 1 week of accommodation. 8.2c In case of cancellation from the 14th day before the arrival date: the constituent is entitled to a refund of 50% of the course, accommodation and special programme fee after deduction of the sum of the fee for the airport transfer, 1 week course, 1 week accommodation and 1 week special program. So in case the constituent has reserved for only 1 week, there is no refund. 8.2d In case of cancellation on the arrival date or later: the constituent is not entitled to a refund. 8.3 Modification of the reservation by the constituent such as, but not limited to, a postponement should be requested by written notice. In case of a modification request, the following rules apply: 8.3a Requests for modifications up to 28 days before the arrival date are subject to availability. 8.3b Requests for modifications from 28 days before the arrival date are generally not possible. In case of it being possible, an extra fee of 50 EUR will be charged. 8.3c The modification is only valid when confirmed by Lingua and when the constituent has paid the total sum as described in art. 4. 8.3d In case of a cancellation within 14 days after the date of modification, the initial arrival date is regarded to be the arrival date. 8.4 Apart from the cancellation fee, the constituent is obliged to pay all other fees than the course and accommodation fees. 8.5 If there is no accommodation reserved, the first day of the course is regarded to be the arrival date. 8.6 In case the total sum minus the refund is higher than the amount the constituent has paid, the constituent is obliged to pay the difference to Lingua within 14 days after the date of cancellation.
Article 9: Cancellation and modification by Lingua 9.1 Only serious circumstances give Lingua the right to cancel or modify the agreement. 9.2 This refers to circumstances, which can influence the quality or execution of the course and stay. Insufficient participation is only part, when this is stated in the programme. 9.3 If Lingua cancels or modifies, it is obliged to communicate this, including a reasoning, to the constituent. 9.4 In the case of a modification of prices, values, rates or taxes, as mentioned, Lingua retains the right to modify the total sum. This should be communicated to the constituent at least 14 days before the first day of the course. On absence of this announcement, the agreed prices will remain valid. If the price raise results in a raise of 10% of the total sum and more than 50 EUR or 80 USD per person, then the constituent has the right to cancel the agreement and has the right to a restitution of the amount already contributed. This right is only retainable within 5 days of the announcement. 9.5 By notice of cancellation the agreement is dissolved. Alongside the cancellation notice, Lingua will offer an alternative course similar to the cancelled course for the same price. If this offer is not accepted, then Lingua will return the total sum totally or partially. 9.6 In no other case arises, other than mentioned in article 9, the constituent carries more right than previously described.
Article 10: Modifications by a third party 10.1 Lingua cannot be held responsible for modifications in the transport agreement, for it acts only as an intermediary. 10.2 Lingua cannot be held responsible for modifications in the accommodation and course, for it acts only as intermediary. 10.3 When Lingua saves costs which are included in the total sum by modifications as mentioned in sub 1 and sub 2, the constituent has the right to his part.
Article 11: Liability of Lingua 11.1 Lingua cannot be held responsible for actions or negligence of the service providers concerned nor for the information supplied by them. Execution of a component of the agreement is for the language school’s account. Lingua gives free mediation in case of a problem. 11.2 Complaints about the execution of the agreement, the course, accommodation and transfer service, should be reported immediately to the school’s secretary. If the school doesn’t resolve the complaints, the constituent is obliged to contact Lingua via telephone or email so Lingua can contact the school and mediate (free of any costs). If Lingua isn’t contacted within reasonable time by the constituent, Lingua cannot be held responsible after the course, when the constituent has returned. 11.3 Lingua is not responsible for printing errors that may appear or for errors in publications by third parties of Lingua. 11.4 Lingua believes that all statements made in its brochure and website are factual and correct. However, Lingua cannot be held responsible for any changes or errors that were not known at the time the brochure was produced.
Article 12: Liability of the constituent 12.1 The constituent is responsible for damage caused by illicit behaviour. 12.2 The student who is a nuisance or causes trouble in a way that heavily influences a proper continuation of the course can be excluded from further continuation of the course. This will be discussed by Lingua and the school. The costs which result from excluding will be accounted for by the constituent. Restitution of (a part of) the total sum can be provided in cases, where the constituent cannot be blamed. 12.3 Students are not covered for any illnesses, accidents, loss of personal property (neither at their accommodation nor in or out of the classroom). Lingua nor the service provider can be held responsible. We recommend our students to take an insurance policy.
Article 13: Age, late arrival or absence 13.1 Lingua’s language courses are for anyone with a minimum age of 18 years. For certain courses and at certain schools exceptions are made. In case of a booking by a minor, the registration form has to be completed with a signature by the parent or legal guardian. 13.2 When the student arrives late or is absent on a day of the course, there will be no refund. Periods of absence cannot be compensated for by free extensions of the course. 13.3 In case of a lack of course attendance, the school is entitled to deny the student a certificate.
Lingua b.v. is registered at the Chamber of Commerce in The Netherlands, registration no. 57695180