Contract with flight

The Hilse Programmes Agreement

Definitions / Expressions
Obligation of the Company
Consideration
Late Payment
Activities outside the scope of the Agreement
Travelling
Insurance
Medical Disclosure
School attendance, Work Attendance and Behaviours
Means of communications
Additional Costs - Student Resources Required
Refund Policy
Expulsion
Complaint Procedure
Use of Student generated content
Use of Company's images portraying Student
Cancellation / Changes to Programmes
Data Protection
Student welfare
Limitation of Liability
Force Majeure
Warranties
Indemnity
Miscellaneous
Governing Law

Schedule 1

Schedule 2

Schedule 3

Schedule 4

Schedule 5

Schedule 6

Schedule 7

Schedule 8

Schedule 9

Schedule 10

The Hilse Programmes Agreement

This Agreement (the "Agreement") is made and entered into as of (the "Effective Date") by and between

BETWEEN

The Hilse Ltd, a company duly registered at Company House with Registration no. 10435152 and registered office at Malvern House Malvern Road, Hill Brow, Liss, Hampshire, United Kingdom, GU33 7PY and trading under the name "The Hilse" (the “Company”).

AND

Mr or Ms of , n. , cap (“the “Client”) as Parent and/or legal guardian of (the “Child”).

(jointly “the Parties”)

AGREED TERMS

Definitions / Expressions
1. As used herein, each gender shall include all genders, and the singular shall include the plural and the plural the singular as the context shall require.
2. “Activities” means the activities listed under Schedule 2.
3. “Agreement” means this agreement.
4. “Airport” means Arrival Airport and/or Departure Airport as applicable. Arrival Airport shall mean Gatwick Airport unless otherwise notified by Company. Departure Airport shall mean Milano Malpensa Airport unless otherwise notified by Company.
5. “Arrival Date” means the date indicated under Clause 2.1.
6. “Child” means the son/s or daughter/s or others under the guardianship of the Client.
7. “Client” means the Client.
8. “Departure Date” means the date indicated under Clause 2.1
9. “Discounts” means the discounts set forth under Schedule 7.
10. “Disciplinary Policy” means the policy set forth under Schedule 8.
11. “Dichiarazione di Accompagnamento” means the document that allows the Student under the age of fourteen (14) years to travel with a person other than the Client, to be obtained from the central police station.
12. “Enrolment Form” means the form that must be filled in by the Client during the enrolment procedure. The Enrolment Form is part of this Agreement.
13. “Fee” means the fee set forth under Clause 3.
14. “Host Family” Means the Family that will host the Child.
15. “Host Family Check” means the assessment of the family at their home conducted by the Company.
16. “Internship Programme” means professional courses and work experience in our English-speaking work environment and is available to 14 - 18 year old Student. The offer includes the following options:
  1. tourism and business internship where Student/s learn to work in The Company office, organise tourist activities and write/telephone The Company contacts;
  2. photography internship where Student/s engage with techniques and jargon for photography and produce pictures for their own portfolio and for The Company’s website;
  3. tourism and journalism internship in which Student/s learn to carry out qualitative research with interviews and observation and write a report of their findings.
17. “Language Programme” and or “Programme” mean one of the language and cultural exchange programme e.g., “Shadowing Programme” and “Internship Programme.
18. “Partner School” means one of the schools where Student/s attend.
19. “Programme Events” means activities organised by the Company included in the Programmes.
20. “Reasonable Exemption” means fever (e.g., high temperature above 37.5 degrees)، or sickness (e.g., vomiting or diarrhoea).
21. “Shadowing Programme” means a programme where Child spends time at a school in England and it is available to:
  1. under 12s (“Junior Shadowing”);
  2. 12 - 16-year-olds (“Teeny Shadowing”); and
  3. 16 - 18 aged Student ("Ultimate Shadowing”).
22. “Student” / "Student/s" means the Child/children enrolled in the Programme.
23. “Student Information Form” means the form that must be filled in by the Client during the enrolment procedure, which contains all information related to the Child/Student. The Student Information Form is part of this Agreement.
24. “T-shirt” means the T-shirt with the name of the Student and The Hilse Logo on it.
Obligation of the Company
1. Upon payment of the Fee by the Client the Child shall be enrolled as a Student in the following Programme: with departure date on the (the “Departure Date”) and arrival date (the “Arrival Date”). Arrival Date and Departure Date may be subject to change where for example (without limitation) flight schedules are amended beyond the control of the Company.
2. The Company shall render the services listed in Schedule 2.
3. The Company undertakes to perform the following checks on the Host Family:
  1. British Government’s Disclosure and Barring Service (DBS Check) to ensure that the Host Family has no criminal record and have not been barred from working with children or other vulnerable people;
  2. Host Family suitability and disposition to reasonably fulfil the objectives of the Programme, e.g., the cultural exchange between the Student and the Host Family; and
  3. The Company shall use reasonable efforts to oversee and supervise the Student’s stay with their Host Family.
4. The Company shall put in direct contact the Host Family and the Client:
  1. where the Programme starts in June no later than the 1st of June 2024,
  2. where the Programme starts in July no later than the 20th of June 2024.
Consideration
1. The fee (“the Fee”) for the selected Programme is set forth under Schedule 1.
2. The Fee shall be paid either in a single payment or in two (2) instalments.
3. For the avoidance of doubt, it is agreed that irrespective of which Fee payment option the Client may elect, a non-refundable enrolment fee of three hundred pounds (£300) to be paid by the Client upon signature of this Agreement shall apply ("the Enrolment Fee"). The Enrolment Fee is additional to the Fee and is to be paid to Company on the date of signature of this Agreement as a condition precedent to the Agreement being a valid contract between the parties.
4. For the single payment plan the Fee shall be paid no later than 5th February 2024.
5. For instalment payment plan the Fee shall be paid in two equal instalments as follow:
  1. First Instalment - to be received no later than 5th February 2024.
  2. Second Instalment - to be received no later than the 12th April 2024.
6. All payment must be made using the Stripe Account of the Company or via international bank transfer on The HILSE ltd account.
Late Payment
1. If the Client fails to comply with Clause 3 the Child will be not enrolled in the Programme and the Company shall retain the non-refundable Enrolment Fee under Clause 3, and any part of the Fee already paid to the Company.
Activities outside the scope of the Agreement
1. The Company is under no obligation to perform the activities listed under Schedule 3.
Travelling
1. Client undertakes to follow the instructions under Schedule 9.
Insurance
1. Client will ensure that Student is covered by a public liability insurance, to cover any damage or loss caused by the actions of the Student. For the avoidance of doubt, the parties agree that if the Client elects not to subscribe to any such insurance policy or gives wrong information to the Company in relation to the insurance policy, the Client agrees to be personally liable for any payment due because of damage or loss caused by Student. If such damage or loss is suffered by the Host Family or our School Partner, the Company shall notify the Client a list with all the damages and any related costs.
2. Student/s must also have a valid insurance policy purchased by Client that will cover Child's injuries and medical needs, flight cancellation, and any sickness or health related problems.
3. The Client shall purchase the above insurance for the Child. The insurance documentation shall be emailed to the Company at least three (3) days before the relevant Departure Date. The insurance purchased shall be sufficient to comply with Clause 7.2. Company shall have the sole discretion to decide if the purchased insurance complies.
4. If the Client fails to provide the required documentation, the Student will be excluded from the Programme, and the Client shall not be entitled to any refund of the Enrolment Fee, or any part of the Fee already paid.
5. The Client is strongly advised to also purchase insurance covering loss, damage, or theft of the Student's property.
Medical Disclosure
1. Client declares and certifies that the Child does not have any major health condition.
2. If the Child suffers from a major health condition the Client must disclose in detail such a condition, or any of the health conditions listed in Schedule 5, filling out the special needs Clause of the Enrolment Form and of the Student Information Form.
3. The Company reserves the right to refuse the enrolment of the Child on a Programme on the grounds of health. For the avoidance of doubts, if the Company refuses to enrol the Student/s on grounds of health, the Company shall retain the non-refundable Enrolment Fee under Clause 3.3.
4. If the Company decides to enrol a Child who suffers from major physical or mental health conditions, it is under no obligation to supervise such a Child.
5. Client must disclose the regular medication requirement of the Child under the special needs Clause of the Student information Form. Client must also let the Host Family know how much and how often medication needs to be administered.
6. The Client shall provide the Company staff with sufficient medicine to last the duration of the Programme. The medication will be provided to the Host Family.
7. If Client fails to disclose any health condition of the Child, the Company may terminate the Student’s attendance to the Programme with immediate effect.
8. If the Child suffers of any allergies and/or intolerances, the Client shall provide the Company with all the relevant information, including letters from the GP.
9. ADHD, Dyslexia, Dyscalculia, and other learning different abilities must be reported during enrolment process and on the Enrolment Form.
School attendance, Work Attendance and Behaviours
1. Student shall comply with the rules set forth under Schedule 10.
Means of communications
1. Students must have a mobile phone during the Programmes, with WhatsApp installed.
2. Student/s must have a working international voice/data plan capable of guaranteeing reasonably reliable communication between the Student and the Host Families and the Company's staff.
Additional Costs - Student Resources Required
1. Client will ensure that Student has sufficient cash or other means of payment to cover various additional costs during their staying at the Host Family such as:
  1. Lunch money for weekdays.
  2. Travel money: to pay for travel outside of travel required for the Programme, whether by train, bus, taxi or otherwise.
  3. Pocket money: a small amount to pay for discretionary items that Students wish to buy, particularly during trips arranged as part of the Programme.
  4. Money for dinner on the second week’s evening outing.
Refund Policy
1. The Company operates under a strict no refunds policy with regard to the Enrolment Fee regardless of the date or circumstances of any cancellation or withdrawal.
2. If under any circumstance the Client desires to withdraw the Student from the Programme, it must send a notice of withdrawal (the “Notice of Withdrawal”) to the Company
3. Any Notice of Withdrawal sent later than two (2) months from the Programme start date, and/or any withdrawal of a Student after the Programme has started, will result in (i) the Company retaining any and all Fee payments and/or Fee instalments paid by the Client and (ii) the Client making full payments to the Company of any unpaid instalments otherwise payable (but for the withdrawal) i.e. the full Fee is payable by the Client.
4. Any Notice of Withdrawal sent prior to two (2) months from the Programme start date will be considered for refund where Client demonstrates a real impossibility in the Student participating in the Programme. Under such circumstances, Company will refund any Fee payments and/or Fee instalments paid by the Client but shall retain the Enrolment Fee.
5. Any Notice of Withdrawal needs to be notified to the Company in writing via registered mail.
6. If a Withdrawal falls when the Child is attending the Programme the Client will be required to pay for the travel expenses and any other cost or expenses connected with the Student journey home in addition to the full Fee.
Expulsion
1. Students who disregard the rules laid down and outlined by Company's staff and/or reasonable rules laid down by the Host Family and/or the School shall be expelled from the Programme. The Company and/or Host Family will not be liable for any costs incurred in this process.
2. The Client of an expelled Student shall not be entitled to receive any refunds and shall bear any costs associated with the expulsion and any other travel cost and expenses of Student.
Complaint Procedure
1. If Client or the Student wishes to complain about any aspect of the services provided by the Company, the Client shall write a complaint letter to the Company to be sent via registered postal mail, clearly stating the reasons for the complaint. Each complaint will be investigated provided that it is received within 10 days from the complained-of event/matter arising.
Use of Student generated content
1. Client grants the Company the right to store and use the Student’s photographs, videos, artwork, or other works, as well as recorded or written testimonials and details of the Student’s achievements (jointly and individually the “Student Images and Testimonials”) for promotional purposes including in its printed and online marketing materials and on any social media network without further consent or notification being required.
Use of Company's images portraying Student
1. The Client gives its full and unconditional consent to the Company taking and storing copies of images portraying the Student (the “Student Photo”, which expression shall include video images and sound recordings).
2. The Client, further agrees and grants the Company the full rights to use the Student Photo for advertising and information material, whether in physical or digital format, including but not limited to usages on the Company social medias platforms, website, emails and email campaign, paper brochure or any other media or usages the Company will deem adequate, exclusively in connection with the Company business and activities.
Cancellation / Changes to Programmes
1. The Company has the right to change courses, locations, accommodation, facilities, and dates of the Programmes where circumstances beyond the Company’s control necessitate such changes.
2. If the number of students enrolled in a Programme is insufficient to enable that Programme to be run effectively or in a commercially viable way, The Company may cancel the Programme and will notify the Client as soon as possible before the relevant commencement date of the Programme. The Company shall offer the Client alternative Programmes. If Client does not want to enrol in an alternative Programme, it shall receive a full refund of the Fee paid. If the Client agrees to be placed in an alternative Programme, the Company shall endeavour to offer it at the same Fee and level of services and where this is not possible the Company shall specify any differences with the Client having the choice to enrol or not.
Data Protection
1. The information Client has provided is subject to the relevant Data Protection Act. By signing the Agreement, Client consents Company and its associated Companies to process, both manually and by electronic means, its personal data, and the personal data of the Child, for the purposes of this Agreement.
2. “Processing” includes obtaining, recording or holding information or data, transferring it to other companies associated with the Company, product providers, the FCA or any other statutory, governmental or regulatory body for legitimate purposes including, where relevant, to solicitors and/or other debt collection agencies for debt collection purposes and carrying out operations on the information or data.
3. Company has legal obligations under the UK’s anti money laundering regulations that require Company in all cases to process personal data for the purposes of preventing money laundering. This means in relevant circumstances your data may have to be released to national crime prevention authorities.
4. The information provided may also contain sensitive personal data for the purposes of the Act, being information as to your physical or mental health or condition.
5. Company shall treat all personal data and sensitive personal data as confidential and will not process it other than for a legitimate purpose. Steps will be taken to ensure that the information is accurate, kept up to date and not kept for longer than is necessary.
6. Measures will also be taken to safeguard against unauthorised or unlawful processing and accidental loss or destruction or damage to the data.
Student welfare
1. The Company is committed to safeguarding and protecting children (any person under 18 years old) from harm. The Company will apply this policy equally to all children regardless of gender, ethnicity, disability, sexuality, or belief. The Company expects all its staff, agents, and external service providers to share this commitment to create and maintain a safe and suitable learning environment.
Limitation of Liability
1. The Company is not liable for loss, damage or injury to persons or property howsoever caused, except where liability is expressly imposed by law.
2. In any event the Client agrees to not hold the Company liable for anything more than the Fees paid by the Client for the Programme.
Force Majeure
1. In the case of Force Majeure which shall mean accident of war, any Act of God, the acts or regulations of public authorities, labour strikes, civil tumult, pandemic, epidemic interruption or delay or cancellation of transportation and which is beyond the control of the Company and results in the unavoidable cancellation of the service, or the performance of any of the Company's obligations set forth hereunder, then the amount of the Fee already paid up until the cancellation date shall be non-returnable by the Company to the Client. It shall be the Client’s responsibility to take out all necessary insurance to cover any of the above-mentioned events.
Warranties
1. The Client warrants that it has the right to enter into and perform this Agreement.
2. The Client warrants that it has provided accurate and up to date information to the Company in respect of all matters set out under this Agreement and in the forms filled out during the enrolment procedure.
Indemnity
1. The Client hereby shall indemnify save and hold the Company harmless against all actions, costs (including reasonable out of house legal costs), demands, expenses, losses or damage arising out of or connected with any claim by a third party which is inconsistent with any of the Client's agreements, undertakings, obligations, representations or warranties herein contained (“Losses”) to the extent that such Losses are imposed by an adverse final judgment (of a court of competent jurisdiction) against the Company or pursuant to a written settlement agreement approved in writing by the Client (not to be unreasonably withheld or delayed).
Miscellaneous
1. Each party to this Agreement shall use reasonable endeavours to inform the other of any change of address, or any other material change of circumstances in connection with the Activities.
2. Both Parties to this Agreement have sought specialist independent legal advice as to the terms and conditions herein, and each party shall be liable for their own respective legal and consultancy costs.
3. This Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives.
4. Unless it expressly states otherwise, this Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
5. This Agreement constitutes the entire agreement between the parties regarding the subject matter contained in this Agreement and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.
6. No variation of this Agreement shall be effective unless it is in writing and signed by both Parties.
7. The Parties hereby agree that the Agreement shall be executed electronically via electronic signature tools used by the Company such as Docusign or similar services.
Governing Law
1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
2. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

You are required to read and accept the Schedules

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IN WITNESS WHEREOF the parties have duly executed this agreement the day and year first before written:

For the Company by Dr Anna Arnone

For the Client by . (enter name/s and signature/s)

Acting as full Legal Guardian/s in respect of: [enter child’s name]

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Signed by Anna Arnone
Signed On: 19 December 2023

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18 December 2023 11h58 CEST

Contract with flight Uploaded by Anna Arnone - info@thehilse.co.uk IP 5.90.114.123