General Terms and Conditions of Business

Clause 1 Application, contracting party and minimum age

To apply, please complete the application form on the school website (www.studyatlantic.com/apply) or request an application from admissions@studyatlantic.com as early as possible. First and family name must be entered as shown in the travel documents (passport or identity card). On confirmation of the receipt of application by Atlantic Canada Language Academy (97 Kaulbach Street, P.O. Box 987, Lunenburg, N.S. B0J 2C0), the contract shall be deemed to have been agreed and the registration shall be binding. The minimum age for any course at Atlantic Canada Language Academy is 16 years (16th birthday before course start date).

The course participant shall be deemed to be an Atlantic Canada Language Academy contracting party provided he or she is 18 years old or more. In the case of course participants who at the time of application (date of application) have not yet reached the age of 18, or where despite having reached the age of 18 the participant is not deemed capable of being a contracting party according to the law of his or her country of residence, the contract must be signed by a parent or guardian, who must also give his or her exact address. This shall also apply when the age of consent is not 18 years in the country where the language course is taking place, or in which the course participant or his or her parents or guardian is resident.

The course participant shall be defined as the person who takes part, or intends to take part, in the language course that is the object of this contract. Vouchers and other promotions must be presented at the time of application. Vouchers and promotions cannot be taken into consideration once the quote is issued.

Clause 2 Information provided on registration

The course participant/contracting party herby expressly confirms that the information provided at the time of application for the language course shall correspond with the truth and accepts that he or she may be expelled forthwith from the language course at any time should said information prove to be a misrepresentation (e.g., beginners who select a start date on which no beginners’ courses are available). In such an event, the course fees shall not be refunded in any way, not even on a pro-rata basis. Potential participants who are unsure of their language level should tell the Atlantic Canada Language Academy admissions staff that they wish to take the Pre-admission proficiency test.

Clause 3 Terms and conditions of payment

On receipt of the quote, a deposit of CAD $500.00 per participant is due. The remaining course and respective accommodation fees are due six weeks before starting the course. Should the course be longer than 6 months, payments can be made in 6 month increments or payments in excess will be kept in trust.

Payment for all products shall be due immediately where the application is made less than six weeks before the start of the course. The fees shall be deemed as effectively paid only when they have been paid into the account specified by Atlantic Canada Language Academy.

Enrolments received by phone or mail: when paying by credit card, the down payment will be charged to the card no later than 10 days after dispatch of the confirmation and the remaining payment six weeks before start of the course. A 5% charge applies to credit card payments.

Clause 4 Delay in payment

Should payment not be made by the aforementioned date, the contracting party shall be deemed to be in default. In such an event, Atlantic Canada Language Academy shall not be obliged to admit the course participant to the language course. The existence of a claim on the part of ACLA shall remain unaffected by the above. Atlantic Canada Language Academy may claim damages in accordance with Clause 10.

Clause 5 Proof of payment

At the start of the course, the course participant shall provide proof of payment of the course fees and, where applicable, of the accommodation and other fees. Should the course participant be unable to present such proof, he or she shall not be admitted to classes or accommodation. In such an event, ACLA’s claims shall remain unaffected.

Clause 6 Non-refundable fees

$250.00 CAD of the main deposit of CAD $500.00 is non-refundable. Any parents/guardians who have a dependent attending public school in Nova Scotia are not entitled to a refund once their Study Permit has been issued.

Clause 7 Change fee

A request for a change of intensity, course, date etc. or type of accommodation less than 14 days before or anytime after commencing the course must be requested in writing and agreed to by Atlantic Canada Language Academy. If Atlantic Canada Language Academy is able to confirm the change, you will be charged a change fee of CAD $110. You will not be charged this fee if you choose to extend your course more than 14 days before the commencement of the course. If we receive your change of booking less than 14 days before the course is due to begin or after the course has started, other costs may be incurred in addition to the booking change fee (e.g., for accommodation), which we will have to pass on to you. Any extension of a course, once the course has begun, will be treated as a new enrolment. In the case of specialized courses of more than four weeks, the specialization can also be changed during the course. However, only one change can be made every four weeks. The school must in any case agree to a change. Please see Clause 10 for calculation of deadlines.

Clause 8 Passport and visa requirements

Please familiarize yourself with the passport and visa requirements for Canada and ensure you make the necessary arrangements. These are the sole responsibility of the contracting party.

Clause 9 Obligations of the course participant

The course participant shall be responsible for choosing a language course that corresponds to his or her abilities and complying with any visa stipulations. The course participant undertakes to participate personally at the lessons and to arrive punctually. Should irregular attendance or other behavior of the participant break the law, be in conflict with entry or visa regulations, or cause a disturbance to other participants, Atlantic Canada Language Academy reserves the right to expel the participant from the course. In such an event, the course fees shall not be refunded in any way, not even on a pro-rata basis.

Clause 10 Withdrawal before the start of the course

The contracting party may send written notification of withdrawal before the start of the course, without any statement of reasons. If such written notification is received by Atlantic Canada Language Academy 14 days before commencement of the course, all payments already made to Atlantic Canada Language Academy in connection with the present contract shall be refunded to the contracting party, with the exception of the $250.00 of the $500.00 deposit.

If written notification is received by Atlantic Canada Language Academy less than 14 days in advance, but in any case, no later than 5:00pm (AST) on the last Thursday before the commencement of the course, the course participant shall be contractually obliged to pay the enrolment fee, accommodation placement fee (if applicable), 2 week’s tuition, and accommodation fees (if applicable) for two weeks (homestay) or four weeks (student residence). If student is found in default, applicable service charges will also apply. Reimbursements will be made within four weeks after receipt of the withdrawal.

Clause 11 No-Show or withdrawal from the language course, failure to attend individual parts thereof

Should the course participant fail to attend the language course, withdraw from the course, or not take up individual parts thereof, such as individual lessons, he or she shall not be entitled to claim and reimbursement. Attendance of 80% is required in order to receive a certificate.

Clause 12 Cancellation and/or change of accommodation after course start

Accommodation may be terminated or changed, subject to 2 weeks’ notice ending on a Saturday. Notice of termination shall be sent in writing to Atlantic Canada Language Academy exclusively. A change fee of CAD 110 will be charged. Should the course participant leave his or her accommodation before the end of the period of notice, the full price for the accommodation up to the end of the cancellation period remains payable. For student residences, the respective Terms & Conditions of the third parties providing such accommodation apply.

Clause 13 Student holiday

Long-term students might be able to request annual leave/holiday dependent on their visa conditions. Such requests must be made in writing to the admissions department with 14 days notice.

Clause 14 Complaints and liability

The course participant shall make complaints without delay to the school administration. (Any complaint concerning services provided by a third party should be addressed to the third party.) If Atlantic Canada Language Academy is not able to remedy the situation within a reasonable period and in accordance with Atlantic Canada Language Academy Conflict Resolution Policy (including the Languages Canada Dispute Resolution for Languages Canada) the course participant may take steps to remedy the situation him or herself, and Atlantic Canada Language Academy shall refund the cost, against receipts, in so far as legal and contractual liability requires. This procedure does not restrict

the participant’s right to pursue other legal solutions. Any request for refund should be made by registered letter to Atlantic Canada Language Academy within four weeks of the agreed termination of the course. After this period, all types of claims under any legal title shall no longer apply and be forfeited. Atlantic Canada Language Academy shall be liable for its own performances in accordance with these General Terms and Conditions and statutory regulations but not in the case of ordinary negligence; for package deals, liability in case of claims other than for personal injury shall be limited to twice the package price. Liability is limited to the immediate damage. Atlantic Canada Language Academy shall not be liable for the loss, destruction, etc., or misuse of valuables, cameras and video cameras, etc., mobile phones, credit cards, cash, etc. Atlantic Canada Language Academy shall also not be liable for lost holiday time, experience frustration, etc. Atlantic Canada Language Academy shall not be liable in the case of poor or non-performance of services provided by a third party. For any non-contractual liability, the statutory regulations shall apply, with any liability limitations and exclusions on these General Terms and Conditions of Business having priority over statutory regulations.

Clause 15 Student conduct and damage of property

ACLA reserves the right to expel or evict student from accommodation and courses whose behaviour is deemed unsatisfactory according to our School Rules and Regulations. In the event of damage to property including school property, homestay and residence, students must pay the full cost. Any damage caused through vandalism could also result in student’s expulsion.

Clause 16 Health, disability & insurance

Students must inform ACLA of any mental or physical conditions, allergy or disability that may interfere with their, or other students, completion of the course, affect the health and well-being of others, or require special accommodation or treatment. ACLA will not be responsible in case of any misrepresentation or willful omission of information on the student’s part.

The ACLA facility is equipped for disabled access. ACLA is happy to give advice to disabled students and to assist them in choosing a program that will meet their requirements. In order to assist we must, at the time of booking, be provided with full details in writing regarding any disability and any special requirements. Medical insurance is mandatory for study at Atlantic Canada Language Academy. If you do not have medical insurance that will cover you during your course, Atlantic Canada Language Academy will invoice you for an International insurance premium and will purchase the insurance on your behalf.

Clause 17 Minimum number of participants & public holidays

Where the minimum number of six students required for each language course has not been reached, Atlantic Canada Language Academy shall inform the participant/contracting partner at least three weeks before the start of the course. Where Atlantic Canada Language Academy is unable to offer through a participant/contracting partner an alternative language course, Atlantic Canada Language Academy shall reimburse any paid fees. The contracting partner shall not be entitled to make any claims for inconvenience or for other damages. In exceptional cases, Atlantic Canada Language Academy may run courses with less than six participants. On days which are, according to the local law, closed for weather reasons or public holidays in Canada, no classes will take place. Lessons will neither be compensated.

Clause 18 Accomodation

Accommodation is subject to availability. Other accommodation options may be available upon request; please contact us for more details.

Clause 19 Changes to prices, dates, or programs

Any changes to the program or services during the language course due to unforeseeable or unpreventable reasons are permissible, provided the overall content of the program remains unchanged. Atlantic Canada Language Academy retains the absolute right to assign or re-assign participants to classes in accordance with their language skills or to implement any other measure required for the correct operation of the school. ACLA furthermore reserves the right to change details of its facilities and locations where circumstances are beyond the company’s control necessitates such changes.

Clause 20 Data protection

We record your personal data in our school database in order to book your accommodation (i.e., homestay, residence, etc.), your course, other school services, and to comply with statutory regulations. In certain cases, we are obligated to submit your information to authorities (i.e., immigration authorities, Canadian government, etc.). Your information is stored by Atlantic Canada Language Academy. If we have your permission, Atlantic Canada Language Academy uses your data to provide you with information about ACLA product news. Please inform us if you do not wish to receive this service.

Clause 21 Consumer protection

By reading the General Terms & Conditions of Atlantic Canada Language Academy, the contracting partner shall retain the right to instigate further legal steps, subject to these being available under the law applying to the place of residence of the contracting partner or at the location of the school. This right shall not be limited by compensation offered by Atlantic Canada Language Academy or a partner company of Atlantic Canada Language Academy in connection with a dispute.

Clause 22 Contracting parties/guarantee

The contract is concluded between the contracting party as defined in Clause 1 and Atlantic Canada Language Academy.

Clause 23 Applicable law, jurisdiction

Canadian provincial and federal law shall be applicable exclusively to the present contract. The above General Terms & Conditions shall in no way restrict the general applicable rights of the contracting partner.

Clause 24 COVID-19

Atlantic Canada Language Academy places the utmost importance on the health and safety of its students and staff. Therefore, Atlantic Canada Language Academy complies fully with federal, provincial, and municipal rules and regulations designed for the wellbeing of the community.

Our courses have been transformed and are being delivered virtually in a blended format. Changes to the delivery may be made in order to be in full compliance with federal, provincial and municipal rules and regulations.

    • Our regular policies regarding refunds and course changes are in effect with the following COVID19 allowances.

    • Pre-Arrival Postponement: if students wish to postpone their current booking, they can do so for up to 18 months. The prices will not be subject to yearly increased and shall be locked at the date of booking.

    • In school Postponements: if student wish to postpone their current booking they can do so for up to 18 months.

    • Course change fees are waived for those who had started their course prior to COVID19 regulations coming into effect. Written requests must still be made, and these requests may or may not be accommodated based on availability of course offerings at any given time.

    • Students are responsible for extending their Study Permits if applicable.

    • Cancellations: Current terms and conditions remain unchanged.

Information/Queries For further information, or if you have any queries, please contact Atlantic Canada Language Academy by telephone at 1-902-634-6111 or at admin@studyatlantic.com.
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