1. Binding terms
These terms and conditions, to which you hereby agree to be bound, apply to your child’s participation in the University of Warwick Holiday Scheme (the “Holiday Scheme”) and provision of such Holiday Scheme by The University of Warwick, Coventry, CV4 8UW, UK (the “University”). These terms and conditions form the entire agreement between the University and you with respect to the Holiday Scheme.
You warrant and represent that you are over 18 years of age and that you are the parent or guardian of the child(ren) for whom the application to the Holiday Scheme is being made.
All applications to the University are applications for a place on the Holiday Scheme the details of which are set out on the Holiday Scheme website which can be found at http://www2.warwick.ac.uk/services/childrensservices/holidayschemes/.
Bookings for the Holiday Scheme must be made using the online application form. The University may, in its sole discretion, accept or reject such bookings and notify the applicant by email accordingly. If information provided in the booking form is found to be untruthful or falsified, the University reserves the right to reject the booking or withdraw the acceptance of the booking. All decisions by the University in respect of bookings are final. The payment of any sum to the University by or on behalf of the applicant does not oblige the University to accept a booking. In the event that your child’s participation in the Holiday Scheme is terminated, the provisions for clause 4 (Cancellation) shall apply.
Admission to the Holiday Scheme is based on a ‘first come, first served’ basis.
3. Payment terms
3.1 Fee and catering
The fee stated on the Holiday Scheme website includes the cost of all social activities throughout the duration of the Holiday Scheme. Fresh fruit and water are available to the children throughout the duration of the Holiday Scheme and are included in the fee, but no further catering is provided. You are responsible to ensure that your child has a packed lunch and any other drinks or food as appropriate for each day they attend the Holiday Scheme.
The additional fee payable in respect of children booked into the Holiday Scheme for the earlier start time includes a cereal breakfast.
Should you be offered a place in the Holiday Scheme, you must pay the fee in full no later than the start date of your child(ren)’s scheduled attendance at the Holiday Scheme. If the University has not received full cleared payment of the fee from you by the relevant date, the University may terminate your child’s participation in Holiday Scheme without further notice to you.
The University reserves the right to charge an administration fee of twenty pounds (£20) for any material changes you make to your booking less than two (2) weeks prior to your child(ren)’s scheduled attendance at the Holiday Scheme.
Applications to the Holiday Scheme will not be accepted if there are no further spaces available on the requested booking dates.
All payments must be made in pounds sterling and are exclusive of Value Added Tax (VAT) and other taxes, where applicable. Any taxes, currency conversion costs or other charges incurred in connection with any payments shall be paid by you. The University will not accept any deduction from the fee in any event.
Whole or part payment may be made using childcare vouchers from an authorised provider. If you wish to pay using childcare vouchers, please contact The Nursery, The University of Warwick, University House, Kirby Corner Road, Coventry, CV4 8UW (Tel: 024 7652 3389) (Email: holidayscheme at warwick dot ac dot uk) as soon as possible.
4.1 Right to cancel
Pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel your participation in the Holiday School within 14 days without giving any reason. For the avoidance of doubt, this right of cancellation does not extend to any accommodation booked through the University.
(a) The cancellation period will expire after 14 days from the day of the conclusion of the contract.
(b) To exercise the right to cancel, you must inform us, The Nursery, The University of Warwick, University House, Kirby Corner Road, Coventry, CV4 8UW (Tel: 024 7652 3389) (Email: holidayscheme at warwick dot ac dot uk), of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).
(c) To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
4.2 Effect of cancellation
(a) If you cancel this contract, we will reimburse to you all payments received from you
(b) We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
(c) If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.
5. Participation in Holiday Scheme activities
You consent to your child(ren) participating in scheduled activities provided by the Holiday Scheme.
6. Data protection
Any personal data provided in your application form will be used by the University of Warwick to provide services to you relating to the Holiday Scheme and to enable the University to review and further develop the services offered. The University may also share your data with selected third parties in order to provide these services.
The University may use your information in aggregated form for statistical purposes and may also share demographic information with selected partners and government agencies.
All personal data held by the University is processed in accordance with the Data Protection Act 1998.
7. Force majeure
The University shall not be liable for any failure or delay in the performance, in whole or part, of any or our obligations arising from or attributable to acts, events, omissions or accidents beyond our reasonable control including, but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or the workforce of any other party), act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, pandemics, epidemics or other outbreaks of disease or infection, failure in the public supply of electricity, heating, lighting, air conditioning or telecommunications equipment.
8. Limitation of liability
Subject to the third paragraph of this clause 8, the liability of the University to you with respect to the provision of the Holiday Scheme, the cancellation, postponement, or amendment of any activity, any negligence, any breach of these terms and conditions, or arising in any other way out of the subject-matter of these terms and conditions, will not extend to (i) any indirect losses or damages, or to any loss of profits, loss of contracts or opportunity, whether direct or indirect, even if the University had been advised of the possibility of those losses or if they were within the University’s contemplation; or (ii) any costs or expenses incurred by any person or organisation in connection with travel, accommodation, reservations or other arrangements.
In any event, subject to the third paragraph of this clause 8 the liability of the University to you with respect to the provision of the Holiday Scheme, the cancellation, postponement, or amendment of any activity or any component thereof, any negligence, any breach of these terms and conditions, or arising in any other way out of the subject-matter of these terms and conditions is limited to the total amount of any payments received from you or on your behalf in relation to the Holiday Scheme.
Nothing in these terms and conditions will operate to limit or exclude the liability of the University for death or personal injury arising from the University’s negligence, fraud or any other liability that, by law, cannot be limited or excluded.
The University accepts no liability for loss or damage to your or your child’s personal property and belongings.
The University will not be liable for costs incurred by you (or any other person) in the event of cancellation of your participation in the Holiday Scheme pursuant to these terms and conditions, including but not limited to cancellation or alteration of travel arrangements and other costs.
The warranties and undertakings given by the University in these terms and conditions are, to the extent permitted by law, given in lieu of all implied conditions, warranties, representations or other terms, including any relating to satisfactory quality, fitness for a particular or any purpose, or the ability to achieve any particular result.
9. Governing law
These terms and conditions will be governed by and construed in accordance with English Law. The English Courts will have exclusive jurisdiction to deal with any dispute which has arisen or may arise out of or in connection with them.