1. Interpretation

1.1. In these Terms and Conditions (“these Conditions”), the following terms shall have the following meanings:

‘Booking Form’ the booking form sent out by post or electronically accompanied by these conditions;

‘Residence’ the course which the Student is attending together with the start and end dates of the Residence, as set out in the Booking Form;

‘Student’ the person or child or children who will be attending the Residence as specified in the Booking Form;

‘TQ’ Tamsquite Limited (t/a chrismugford.com) of “Treharbas”, Lanteglos, Camelford, Cornwall PL32 9UT; 
‘Deposit’ the deposit specified on TQ’s website or other published literature relating to the services from time to time;

‘Extras’ any and all extra services provided by TQ, including but not limited to Optional Extras (as specified in the Booking Form), transport, airport service and accessories

‘Fees’ the fees shown in TQ’s website or other published literature relating to the Services from time to time;

‘Full Fee Date’ the date specified in the ‘how to book’ section of TQ’s Booking Form by which the fees relating to the Residence must be received;

‘Location’ the location of the Residence (including excursions and travelling to and from the Location) shall be “Treharbas”, Lanteglos, Camelford, Cornwall PL32 9UT;

‘Services’ the provision of the Residence and any Extras for the Student by TQ;

‘you’ and ‘your’ the Student’s parent(s) or guardian(s) as specified in “Your Details” Booking Form.

1.2. The headings in these Conditions are for convenience only and shall not affect their interpretation.

2. Supply of Services

2.1. TQ shall provide the Services to the Student subject to these Conditions. By booking and paying the deposit you agree on behalf of yourself and the Student to be bound by these Conditions. These Conditions constitute the entire agreement between TQ and you/the Student and may not be varied except in writing by a director of TQ.

2.2. Bookings are accepted at the discretion of TQ and are not transferable

2.3. You shall fully complete the Booking Form and at your own expense supply TQ with all necessary and other information required by TQ in connection with the Services.

2.4. TQ may correct any typographical or other errors or omissions in any TQ material relating to the provision of the Services without incurring any liability to you.

3. Payment of Fees

3.1. You shall pay TQ the Fees and any additional sums which are agreed between you and TQ for the provision of the Services.

3.2. Subject to the paragraph 3.5 below, the Deposit must be remitted together with the Booking Form. The Deposit is NOT refundable unless your Booking is not accepted by TQ. No booking is valid until payment has been received by bank transfer.

3.3. On acceptance of your Booking, TQ will issue an invoice or Confirmation Letter for the balance of the Fee (‘the Balance’).

3.4. The Balance is payable by you on or before the Full Fee Date. If TQ does not receive the Balance by the Full Fee Date, it will have the right to terminate this agreement on written notification to you. In the event of such termination (and in accordance with paragraph 3.2 above), the Deposit will not be refunded.

3.5. Where a Booking Form is received by TQ after the Full Fee Date, it must be accompanied by the Full Fees. On acceptance of such a Booking, TQ will issue a confirmation.

3.6. TQ shall not be responsible for any cash payment unless it is handed personally to a director of TQ.

3.7. All cheques must be payable to “Tamsquite Limited” (unless otherwise requested by TQ) and crossed with “a/c payee only”. If your cheque is not cleared by the bank, you will become liable for an additional administration payment to TQ of £30.

4. Cancellation

4.1. If you wish to cancel a Residence booking for any reason, you must do so by notice in writing to TQ. TQ reserves the right to apply the following cancellation charges (in addition to retention of the deposit pursuant to clause 4.2);

Date Notice Received Cancellation Charge

More than 10 weeks before the first night of accommodation: None

Between 10 and 6 weeks before the first night of accommodation: 50% of Fees

Between 6 and 4 weeks before the first night of accommodation: 75% of Fees

4 weeks or less before the first night of accommodation: 100% of Fees

4.2. In the event that a Residence booking is cancelled by you at any time the deposit will be forfeited.

4.3. If for any reason, the Residence is cancelled by TQ, the total liability of TQ will not exceed that proportion of the Fees TQ have actually received.

5. Rules, Regulations and your Liability

5.1. You agree to be wholly liable for any and all actions and/or omissions of the Student. Without prejudice to the generality of the foregoing, you shall be liable for any liability, financial or otherwise, or injury or damage to property caused by the Student whilst at the Location, and shall fully indemnify TQ, their agents, contractors and/or employees for any loss, damage, costs or expenses resulting from such liability, injury or damage.

5.2. TQ reserves the right to make rules and regulations relating to the Student’s participation in the Residence (“the Rules”). The Rules form part of these Conditions and will be notified to the Student at the Location or earlier.

5.3. Any failure by the Student to adhere to the Rules may result in his/her participation at the Residence being terminated forthwith without refund and in such event the Student may be sent home at your expense.

5.4. Without prejudice to paragraph 5.3 above, TQ reserves the right to withdraw the Student from any activity at any time on the grounds of safety or unsuitability.

5.5. We are sensitive to certain allergens but cannot guarantee their exclusion from the Residence. Any known allergies, intolerances or medical conditions must be drawn to TQ’s attention on the Booking Form.

6. Liability

6.1. Except in respect of death or personal injury caused by TQ’ negligence, TQ shall not be liable to you or the Student by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of this Agreement for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by or negligent or the negligence of our servants, or agents or otherwise) which arise out of or in connection with the provision of the Services or their use by you or the Student, and our entire liability under or in connection with this Agreement shall not exceed the amount of our Fees for the provision of the Services.

6.2. Where TQ provides, in connection with the provision of the Services, any goods or equipment or services supplied by a third party, TQ does not give any warranty, guarantee or other terms as to their quality, fitness for purpose, performance or otherwise.

6.3. TQ shall have no liability to the Student for any loss, damage, costs, expenses or other claims for compensation arising from any instructions supplied by you which are incomplete, incorrect, inaccurate or illegible, or arising from the Student’s late arrival or non-arrival, or any other fault of you or the Student.

6.4. TQ shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of TQ’ obligations in relation to the Services, if the delay or failure was due to any cause beyond TQ’ reasonable control.

6.5. We advise you to take out travel insurance covering you against cancellation, curtailment, personal liability, personal accident and lost property.

6.6 If travelling from the EU it is essential your child brings the EHIC card which entitles them to care on the NHS.

6.7. TQ reserve the right to alter programmes, activities, itineraries, excursions, age brackets, premises and personnel as it thinks fit and without notice.

6.8. TQ will not be bound by any statement unless it is in writing and authorised by a Director of TQ.

6.9. In the event that the Student requires a VISA, you take full responsibility for ensuring you obtain a VISA. In the event that you do not obtain a VISA, it is deemed that you have cancelled your booking and your booking will be subject to Clauses 4.1 and 4.2.

7. Medical and Behavioural

7.1. Any medical or behavioural problems of the Student known to you must be notified to TQ in writing on the Booking Form, and in any event prior to the commencement of the Residence. TQ reserve the right not to accept your Booking on the grounds that any such medical or behavioural problems are not conducive to the Student’s or other ‘Students’ participation in the Residence.

7.2. In the event that the Student becomes ill or incapacitated during the Residence, you agree to medical treatment being given to the Student if required in accordance with the recommendations of a qualified medical practitioner, including the administration of a general anaesthetic and to surgical operations in case of emergency. Such action shall be taken at your expense.

7.3. If the Student becomes ill or comes into contact with any contagious or infectious disease during the 21 days prior to the commencement of the Residence, you must immediately notify TQ in writing and provide a medical certificate from the Student’s doctor giving approval for the Student to participate in the Residence.

7.4. It is your and the Students responsibility to help TQ prevent the spread of infectious diseases.

7.5. On request, you will provide a doctor’s letter stating a Students suitability to participate in Residence.

7.6 It is a your responsibility to tell TQ prior to Residence of any issue or condition that may affect their stay at Residence. These include but are not limited to ADHD, SEN, medical, languages, disabilities, diet, medical, behavioural/social issues, child’s history.

8. Jewellery, Valuables and Lost Property

8.1. TQ will not be liable for any item of jewellery or valuable property brought to the Location by the Student.

8.2. Students must not wear jewellery whilst taking part in physical activities. If a Student is instructed to remove jewellery at any time, TQ will not be responsible for its safekeeping.

8.3. TQ will not be responsible for any property left at the Location (by the Student or otherwise), and may dispose of any such property if not claimed and collected by you within seven days of the end of the Residence.

9. Personal Searches

9.1. TQ reserves the right to search the bags and other personal property of all Students in appropriate circumstances.

10. Publicity

10.1. You acknowledge that TQ may use for publicity purposes and without prior notification any photograph or video taken of the Student at the Location, and any statement (whether written or oral) made by you or the Student.

11. Transport & Trips

11.1. TQ’s Fees shall include collection of the Student from and return to Bodmin Parkway Station and/or Newquay Airport. At TQ’s discretion, this may be extended to include Exeter St.David’s Station. Otherwise this journey will be sub-contracted to a suitable taxi service and charged at cost as an Extra. No discount or refund will be available where either the inward or outward journey is cancelled or not required.

11.2. For certain trips TQ give you (if your child is under 18 at the time of Residence) the option to let them go around in small groups without being accompanied by our staff. This is a decision taken entirely at your and the Students discretion. To opt in to this, you must send a letter/email of authority to us prior to Residence starting. TQ will not allow any child of 16 or 17 to go unaccompanied without express written permission.

11.3. For any activities classed as “Extras” TQ will place the Student in the care of a third party organisation providing the activity. Liability for these activities will be covered by the third party organisation and TQ accept no responsibility whatsoever whilst the Student is in the care of the third party organisation. TQ will pass the website URLs of these third party organisations on to the Student, parent or guardian at the time of Booking and it is up to the Student, parent or guardian to satisfy themselves that the activity will be conducted with appropriate safeguards in place. TQ will not allow any child of under 18 to participate in any of these “Extras”without express written permission from their parent or guardian.

12. Smoking, Alcohol and Damage

12.1. Possession and consumption of alcohol, tobacco or drugs by the Student at Residence are NOT PERMITTED UNDER ANY CIRCUMSTANCES. Please note that if the Student does not adhere to this condition, he/she will be removed from Residence in accordance with paragraph 5.3 of these Conditions.

12.2. TQ will charge a deposit in the amount of £100 (‘Damage Levy’) which is payable by the Full Fee Date. This Damage Levy will be refunded within seven days of the end of the Residence. In the event that TQ becomes liable for damage caused by any unidentified Student(s), it reserves the right to settle such liability out of the aggregated Damage Levies deducted, and a pro rata proportion of any excess Damage Levy raised will be refunded within seven days of the end of the Residence.

13. Child Protection/Safeguarding
13.1. TQ will contact Local Safeguarding Children’s board if we suspect abuse or in an event of a disclosure.

13.2. It is your responsibility to give TQ information (name, address and other contact details) of every person who is a parent and/or carer and/or has parental responsibility for the Student. It is also your responsibility to tell us who the Student normally lives with.

14. Force Majeure

14.1. We shall not be liable for any delay in performing or failure to perform any obligation (including to action any alteration or cancelation) due to any case beyond our reasonable control including but not limited to lock-outs, strikes, shortages of personnel, labour disputes, war, riot, act of God, civil commotion, terrorism, malicious damage, threats to safety, compliance with any law or governmental order, rule, regulation or direction, accident, environmental contamination, pandemic outbreak of disease, breakdown of plant or machinery, fire, flood, storm, difficulty or increased expense in obtaining workmen, materials, goods or raw materials in connection with the performance of this agreement.

15. General

15.1. The terms of use of TQ’s website are available at http://chrismugford.com/terms/. TQ policies including but not limited to equal opportunities, safeguarding and Health & Safety are available for inspection on request.

15.2. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.

15.3. This agreement is governed by the laws of England and the parties submit to the exclusive jurisdiction of the English Courts.