Terms & Conditons
Terms & Conditions of Enrolment: Silk Roads SummerExperience
Upon registration for the Course (which means payment of at least the Non-Refundable Booking Fee, or confirmation of the Student’s place by Armirate Education Limited (“Armirate”), as provided in Clause 4) the Parents of the enrolling Students are bound by the following terms and conditions (“this Contract”).
The Parent and, where relevant, the Student, must ensure that they fully understand the terms of this Contract, which are written in English, (and, if necessary, take appropriate advice to enable them to do so) before they become bound by its terms under 4.3.
If the Student is aged over 18 at the time of entering into this Contract, they do so themselves or by their duly authorised agent acting on their behalf (although the Student shall be the party to this Contract). If the Student is aged under 18 at the time of entering into this Contract, the Parent must enter into this Contract on the Student's behalf
1. Definitions and interpretation
1.1 In this Contract the following words and phrases shall bear the following meanings:
“the Campus” means the venue(s) where the Student is resident or taught during the Course, which will be held at the Lanzhou Oriental Secondary School.
“the Course” means the Silk Roads Summer Experience to be provided by Armirate, as described on Armirate's website (https://silkroads.co.uk/) at the date on which this Contract comes into effect in accordance with Clause 4, which is the subject matter of this Contract, together with all its associated activities and arrangements.
“Non-Refundable Booking Fee” means the nonrefundable booking fee described in Clause 4.
“the Parent” or “you” means the parent or legal guardian of the Student.
“the Rules & Regulations” means the course rules and regulations from time to time in force and which are published in the 'Rules & Regulations' document, available online at http://silkroads.co.uk or at such other URL as Armirate may choose to make it available.
“the Student” means the participant in the Course in respect of whom this Contract is made.
1.2 Except where a contrary intention appears, a reference to a Clause or Schedule, is a reference to a clause of, or schedule to, this Contract.
1.3 Clause headings shall not affect the interpretation of this Contract.
1.4 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.5 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
1.6 Unless the context otherwise requires, a reference to one gender shall include a reference to other genders.
1.7 A reference to any party shall include that party's personal representatives, successors and permitted assigns.
1.8 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
1.9 A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
1.10 A reference to writing or written includes fax and e-mail.
1.11 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
1.12 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2. Particulars
2.1 Armirate will share the general facilities of the Campus with Lanzhou Oriental Secondary School staff and students, other summer school students and other summer school organisations.
2.2 The Parent shall provide Armirate with the Student’s full name, address and date of birth, together with any special medical, accommodation, educational or dietary requirements, and any other information requested by Armirate promptly on demand and in any event not later than 60 days prior to the start date of the Course.
3. Variations
Save as otherwise expressly provided in this Contract no variation to this Contract shall be binding unless agreed in writing between Armirate (acting by a director of the company) and the Parent.
4. Non-Refundable Booking Fee
4.1 In order to secure their registration for the course or courses booked, the Parent shall pay to Armirate a NonRefundable Booking Fee of £900, in pounds sterling.
4.2 Save as otherwise provided by Clause 4.3, this Contract is conditional upon the payment by the Parent to Armirate of the Non-Refundable Booking Fee in the amount referred to in Clause 4.1. By paying the NonRefundable Booking Fee the Parent communicates their acceptance of this Contract, but this is without prejudice to any previous acceptance by the Parent of this Contract.
4.3 Upon receipt of such Non-Refundable Booking Fee by Armirate from the Parent or on the Student’s behalf this Contract shall come into and be of effect.
5. Payments
5.1 Any payment made by the Parent (or on the Student's behalf) to Armirate shall be made by bank transfer, or debit or credit card transaction (made by the card holder) only, to the account notified to the Parent by Armirate from time to time.
5.2 The Parent is responsible for covering any applicable bank charges when making payments to Armirate.
6. Booking incentives
Armirate may from time to time offer various booking incentives. Any incentive available at the time of original booking shall apply to the booking in accordance with its own stated terms and, where any such incentive applies, shall take precedence over the terms of this Contract insofar as it may conflict with them. Any incentive which had ceased to be available at the time of booking shall not apply to the booking. Any incentive which may be made available subsequent to the time of booking shall not apply to the booking unless Armirate in its absolute discretion determines to extend such incentive to existing bookings.
7. Balance payment
7.1 The sum of 100% of any monies owing to Armirate (including but not limited to the balance of any Course fees) shall be paid by the Parent or on the Student’s behalf to Armirate not later than 90 days before the start date of the Course.
7.2 If any amount remains unpaid after its due date, the Parent shall pay to Armirate in addition interest thereon at 2 percent compounded and added to capital per calendar month (or part thereof) from the due date until the date of payment (irrespective of whether the date of payment is before or after any judgment or award in respect of the same) without prejudice to any other rights or remedies of Armirate.
7.3 All payments shall be made by the Parent or on the Student’s behalf without set-off or deduction of any kind in Pounds Sterling by transfer to such bank account as Armirate may from time to time notify to the Parent.
7.4 Armirate, acting reasonably, may make changes to Course fees to take account of error, omissions and / or other factors beyond Armirate’s reasonable control. If any changes are made to the Course fees, Armirate shall give reasonable notice to the Parent of such change.
7.5 In the event that the Parent registers the Student less than 90 days before the start date of the Course they shall pay on registration the full amount of the Course fees.
7.6 For the avoidance of doubt, and without prejudice to any other part of this Contract, the Student will not be permitted to commence the Course if any monies owing to Armirate remain unpaid by the start date of the Course, and in such circumstances Armirate may terminate this Contract pursuant to Clause 10.
8. Your right to cancel within 14 days
8.1 The Parent has the right to cancel this Contract, without giving any reason, within 14 days of its coming into effect in accordance with Clause 4.3 ("Cancellation Period").
8.2 To exercise the right to cancel, the Parent shall inform Armirate of their decision to cancel this Contract by a clear written statement sent by email to info@armirate.com.
8.3 To meet the cancellation deadline, it is sufficient for the Parent to send their communication concerning their exercise of the right to cancel before the Cancellation Period has expired.
8.4 If the Parent cancels this Contract in accordance with this Clause 8, Armirate shall reimburse to the Parent all payments received from them. The reimbursement shall be made without undue delay, and not later than 14 days after the day on which Armirate receives the Parent's decision to cancel this Contract. Armirate Education Limited can only make the reimbursement using the same means of payment as the Parent used for the initial transaction; in any event, the Parent will not incur any fees as a result of the reimbursement.
8.5 If the Parent requested that the performance of services begin during the Cancellation Period (including by booking a course which commences during the Cancellation Period), the Parent shall pay Armirate an amount which is in proportion to the services which have been performed, including but not limited to any costs incurred by Armirate in booking flights for the Student or applying for the Student’s Visa, up to the point at which Armirate receives the Parent's communication of cancellation of this Contract, in comparison with the full coverage of the Contract.
9. Cancellations, terminations and refunds not falling within Clause 8 or Clause 29.3
This Clause shall apply to any cancellation by the Parent not falling within Clause 8 or Clause 29.3 and shall be without prejudice to that clause. No purported cancellation shall be of effect unless given in writing (by email to info@armirate.com) in legible and unambiguous English. Any such cancellation shall be of effect only from the date of actual receipt by Armirate and shall be on the following terms:
9.1 Non-Refundable Booking Fee No refund of the Non-Refundable Booking Fee paid under Clause 4 will be made under any circumstances.
9.2 Cancellations before start date For the remaining balance of the course fees, the following terms shall apply:
a) If the cancellation is made before the 1st of March of the year in which the Course shall take place, the Parent shall be entitled to a refund of 100% of the fees paid to Armirate in respect of the Course after deducting the Non-Refundable Booking Fee;
b) If the cancellation is made between the 1st of March and the 30th of April of the year in the Course shall take place, the Parent shall be entitled to a refund of 50% of the fees paid to Armirate in respect of the Course after deducting the NonRefundable Booking Fee;
c) If the cancellation is made between the 1st of May of the year in which the Course shall take place and the Course start date, the Parent shall be entitled to a refund of 10% of the fees paid to Armirate in respect of the Course after deducting the NonRefundable Booking Fee.
All refunds shall be net of any foreign exchange losses and net of any credit card or other banking or transfer charges and of any similar expenses incurred by Armirate as well as after deduction of a management charge of 100.00 Pounds Sterling.
9.3 Cancellations or terminations on or after start date Where a cancellation or termination of the Course occurs on or after the start date for any reason and whether by the Parent or by Armirate the Parent shall receive no refund of any course fees already paid or incurred.
9.4 Cancellation or postponement by Armirate, and changes to the Course
Armirate reserves the right to cancel the Course owing to insufficient demand or the effects of infectious disease, or where other factors beyond Armirate's reasonable control necessitate it. If such cancellation does not fall within the circumstances provided for in Clauses 18.2 and 19, Armirate shall refund to the Parent any Course fees paid.
Should the effects of COVID-19 or other infectious disease render it unfeasible in Armirate’s sole opinion to operate the Course, it shall be entitled to postpone the Course by up to 13 months, and shall be entitled in such circumstances to retain the Non-Refundable Booking Fee and any other monies paid by the Parent or on behalf of the Student, to be carried forward and credited against the fees of the postponed Course.
Should the effects of COVID-19 or the public health situation render it impossible, difficult and / or imprudent for any reason to provide any element of the Course, including without limitation, extracurricular activities and / or social content of the Course, Armirate, acting reasonably, may modify, replace or withdraw any affected element of the Course and / or deliver it via an online medium.
9.5 Visa rejections The Parent is referred to Clause 29 for terms in relation to visa rejections.
9.6 Insurance The Student may benefit from insurance under a scheme provided by an insurer chosen by Armirate in its absolute discretion from time to time, although Armirate shall be under no obligation to arrange any such insurance. Details of the scope of cover provided (if any) will be made available on Armirate's website at
http://silkroads.co.uk.
If any such insurance is in place, it is nonetheless extremely important that the Parent checks the scope of the cover provided to determine whether the Student will be covered and to apprise themselves of all conditions, inclusions, limitations, financial limits of cover and exclusions of and from the policy. The Parent is strongly encouraged to take out their own additional private insurance for the Student if they consider additional cover would be necessary or useful, and in any event shall ensure that they comply with the provisions of Clause 28.1.
The Parent is referred to Clause 28 for further terms in relation to insurance
9.7 Postponement The Parent may not postpone the Student’s registration or carry forward their fees paid to a subsequent course at a later date. For the avoidance of doubt, this Clause 9.7 shall remain applicable whatever the reason given for requesting a postponement or carrying forward of Course fees paid including (but without prejudice to the generality of the foregoing) illness arising before or during the Course.
9.8 Cancellation before the Course for medical reasons In the event of the Student becoming ill before the start date of the Course and being unable to attend the Course or any part of it in consequence thereof, no refund of any fees will be made save as provided in Clauses 9.1 and 9.2 above. For this reason, the Parent is strongly advised to obtain insurance for the Student (see Clauses 9.6 and 28) against the possibility of needing to cancel the Course or any part of it at any time.
9.9 Cancellation during the course for medical reasons In the event of the Student becoming ill during the Course no refund of any fees will be made. For this reason the Parent is strongly advised to obtain insurance for the Student (see Clauses 9.6 and 28) against the possibility of needing to cancel the Course or any part of it at any time.
9.10 Transfer of place and re-application of monies paid Without prejudice to Clause 20, the Parent may not transfer the Student’s place on the Course to another person or request that any monies paid be applied in discharge (whether whole or partial) of fees or other sums owed by another student. For the avoidance of doubt, this Clause 9.10 shall apply whatever the reason given for requesting a transfer of a place or reapplication of monies paid, including illness arising before or during the Course.
9.11 Absence without cancellation The Parent shall ensure the Student shall not under any circumstances (save in accordance with the procedures set out in the Rules & Regulations) absent themselves from the Campus or withdraw themselves from the Course without having made a written cancellation in accordance with this Clause 9.
9.12 Transfer to another course Should the Parent wish for the Student to transfer to another course taking place during the same calendar year as the Course for which they have booked, they may request such a transfer up to the 1st of March in the year in which the booked Course is due to commence, by email to info@armirate.com. In such circumstances, Armirate shall endeavour to fulfil the Parent’s request (subject to availability of a place and other relevant factors) but shall be under no obligation to do so. If the course to which the Parent wishes for the Student to transfer has higher course fees than the original course, the balance of additional course fees shall be paid forthwith. If the course to which the Parent wishes for the Student to transfer has lower course fees than the original course, a refund of the difference will be made net of any foreign exchange losses and net of any credit card or other banking or transfer charges and of any similar expenses incurred by Armirate.
Under no circumstances will it be possible to transfer to another course after the fourteenth day before the booked Course is due to commence.
9.13 Reimbursement Armirate can only make a reimbursement of any fees paid to it using the same means of payment as the Parent used for the initial transaction (and only to the value received by Armirate).
10. Termination
10.1 Armirate shall be entitled forthwith to terminate this Contract (and any contract for a Course or Courses booked but which have not yet commenced) by written notice to the Parent if:
a) payment of 100% of any monies owing to Armirate (including the balance of any Course fees) has not been made by at least 90 days before the start date of the Course; or
b) without prejudice to Clause 10.1.a) the Parent commits any breach of the provisions of this Contract (including but not limited to a breach where Armirate considers in its absolute discretion that the Parent or Student has infringed any of the Rules & Regulations) or of any other contract relating to a course provided by Armirate, and in the case of a breach capable of remedy without risk of detriment to other students as perceived in its absolute discretion by Armirate fails to remedy the same within 14 days (where the breach has occurred prior to the start date of the Course) or within 24 hours (where the breach has occurred on or after the start date of the Course) after the giving of a written notice particularising the breach and requiring the same to be remedied; or
c) the Parent, the Student or anyone acting on their behalf uses language which Armirate in its absolute discretion considers threatening, obstructive, offensive, or abusive in communication, whether written or oral, with Armirate.
10.2 For the purpose of but subject to Clause 10.1.b) a breach shall be considered capable of remedy if the Parent can comply with the provision in question in all respects other than as to time and performance (provided that time and performance is not of the essence).
10.3 Any waiver by Armirate of any breach of any provision of this Contract shall not be considered a waiver of any subsequent breach of the same or any other provision hereof.
10.4 The rights to terminate this Contract conferred by this Clause 10 shall be without prejudice to any other right or remedy of Armirate in respect of the breach concerned and any other breach.
11. Consequences of complete or partial termination
11.1 Upon registration for a course by payment of a NonRefundable Booking Fee the Student is committed to taking up the place on the Course and the Parent shall pay the full Course fees as provided for in Clauses 4 and 5 and requests for refunds following cancellation or termination after the Course has started shall be treated solely in accordance with Clause 9.
11.2 Armirate accepts no responsibility for any loss or damage suffered by the Parent as a result of termination of this Contract pursuant to Clause 10.1 only, including the cost of alternative accommodation, air fares, or other travel expenses for the Student or any other person.
11.3 Following the point of termination (where this occurs after the Course has begun, or after the Student has begun to travel to the Campus to attend the Course) for whatever reason and without prejudice to Clause 11.2, Armirate will provide reasonable assistance in the return of the Student to their home or other next destination, but the Parent shall be entirely responsible for the Student’s return at entirely their own cost. Where termination occurs (for whatever reason) after the Course has begun, the Student shall permanently depart the Campus within 24 hours of the time at which the Parent is informed of this Contract's termination and the Student being informed of their expulsion from the Course shall be treated as having informed the Parent of the termination of the Contract.
11.4 After termination of this Contract (for whatever reason), Armirate shall have no further responsibility toward the Parent or Student under this Contract. The Student shall not be entitled or permitted to participate in any lessons or activities at the Campus, nor to socialise or interact with any other student.
11.5 Subject as otherwise provided herein and to any rights or obligations which have accrued prior to termination neither party shall have further obligations to the other under this Contract following termination thereof save as provided in Clause 38.
12. The Parent’s responsibilities
12.1 The Parent undertakes with Armirate:
a) if requested by Armirate to provide satisfactory (to Armirate) references in respect of himself and / or the Student;
b) that neither the Parent nor the Student shall behave irresponsibly and damage any property belonging to Armirate, the Campus or to any other person;
c) to fully indemnify Armirate against any loss or damage to the premises, furniture or other property of the Campus or of any other person by the Student or ensuing as a reasonably (in the opinion of Armirate) foreseeable consequence of any act or omission of the Student and to indemnify Armirate against any and all claims or costs in respect thereof;
d) that the neither the Parent nor the Student shall undertake any activity that may be liable (in the opinion of Armirate) to bring Armirate, the Campus, or other venues (whether or not Course activities are held there) into disrepute;
e) that the Parent and the Student shall treat the facilities and the premises of the Campus, other venues (whether or not Course activities are held there) and all other persons with care and respect for the privacy of their residents (where applicable) and not to interfere with or gain access to or attempt to gain access to those parts of the premises of the Campus or other venues to which public use or access are indicated by the Campus or venue in question to be unauthorised;
f) that the Student shall not smoke at any time while on the course, and in particular not smoke in any room on the Campus; in the event of noncompliance, smoke detectors may trigger the alarm; should the local fire service levy a fine for unnecessary attendance the right is reserved to pass on this charge to the Parent; the Parent and the Student are referred to paragraph 8 of the Rules & Regulations;
g) without prejudice to Clause 12.1.f), neither the Parent nor the Student shall commit any act which breaches the criminal law of, or infringes the civil rights of any other person under the laws of, the legal jurisdiction in which the Course is held;
h) that the Student shall follow all instructions communicated or otherwise published by or on behalf of the Campus and other venues (whether or not Course activities are held there) with respect to security, health and safety regulations, and personal and public safety;
i) that the Student shall not affix or attach anything to or otherwise decorate the whole or any part of the Campus or any other venues (whether or not Course activities are held there).
12.2 As provided in Clauses 10 and 11 (and without prejudice to those clauses) Armirate reserves the right at any time to exclude the Student from the Course and the premises of the Campus and to terminate this Contract in respect of any Student whose behaviour is, in the opinion of Armirate, unacceptable or an unacceptable nuisance or annoyance to other students or to others on the premises of the Campus or elsewhere and Clause 9.3 (no refunds) shall apply. Armirate also reserves the right at any time (including before commencement of the Course) to exclude the Student from the Course and the premises of the Campus and to terminate this Contract where it reasonably believes that the behaviour of the Student is likely to result in a breach of the Rules & Regulations or to be (in the sole opinion of Armirate) unacceptable, or where the Student has breached the Rules & Regulations on any other course operated by or on behalf of Armirate, and in such circumstances the Parent shall receive no refund of any course fees already paid or incurred.
12.3 The Parent and the Student are bound by the Rules & Regulations and such other rules or regulations as may be notified to them whether before or after registration for the Course. Failure to abide by such rules and regulations is aimed to be dealt with immediately and may lead to expulsion from the Course and termination of this Contract pursuant to Clauses 10 and 11.
12.4 Armirate reserves the right to refer instances of what it perceives to be obstructive, disruptive, illegal or aggressive behaviour by the Student to the appropriate authorities or security staff of the relevant Campus and/or the local police.
12.5 Without prejudice to any other provision of this Contract, the Parent shall at all times indemnify and keep indemnified Armirate against all expenses, costs, claims, damage and loss arising from or in connection with any act or omission of the Parent or the Student.
12.6 Neither the Parent nor the Student shall commit a criminal or civil offence, or provide fraudulent documentation.
13. Armirate’s responsibilities
13.1 Armirate shall deliver the Course, using reasonable care and skill.
13.2 The Course fees include provision to the Student of suitable accommodation. In rare circumstances, Armirate may be prepared to allow the Parent to arrange alternative accommodation for the Student and for the Student to attend the Course as a day student. Such arrangements must be made with Armirate before booking a course, and adjusted fees will be agreed to reflect such alternative accommodation arrangements. The terms of such an agreement (in this Clause, "Agreement"), including provisions regarding fees, accommodation, and meals, are incorporated into this Contract, and in the event of any conflict between the Agreement and this Contract, the Agreement shall prevail. In such circumstances Armirate will have no responsibility for, or liability in respect of, the Student's accommodation or meals beyond such as is provided for in the Agreement.
13.3 Armirate gives no guarantee that any request by or on behalf of the Parent or Student for particular accommodation arrangements with other students (such as sharing rooms with, or being in adjacent rooms to, another student) can or will be met, and the Parent acknowledges that accommodation arrangements may be altered by Armirate in its absolute discretion at any time before or during the Course.
13.4 Armirate reserves the right, without being required to give any reason, to change the accommodation for the Course from that originally booked or allocated and to accommodate the Student at another Campus in the same city or region. Armirate shall endeavour to provide as much notice as reasonably possible of any such change in accommodation.
13.5 The standard and type of accommodation may vary, and the Parent acknowledges that bedrooms are usually assigned at random, the principal exception to this being where genuine medical needs have been notified to, and accepted by, Armirate.
14. Rules & Regulations
14.1 The Parent acknowledges that the Parent and the Student are bound by, and shall abide by, the Rules & Regulations from time to time in force, a copy of which will be made available to all parents and students, and which are in any event available on Armirate's website at http://silkroads.co.uk or at such other URL as Armirate may choose to make them available.
14.2 By paying the Non-Refundable Booking Fee referred to in Clause 4 the Parent confirms that the Parent and the Student have read and agree to abide by the Rules & Regulations.
15. The Campus
The Parent accepts and acknowledges that where internet access is available to the Student on their own devices, Armirate has no control over the network, or the quality of the connection, nor the ability to investigate or resolve internet access issues (internet access, unless on a publicly-available network, will be provided by and under the control of the institution at whose premises the Campus is located, and will be subject to the Student’s compliance with that institution’s IT policies and terms of use).
15.1 The Parent agrees that the Student shall:
a) at all times act with appropriate consideration for their own and others’ safety, having regard to potential hazards and risk factors (e.g. not attempting to climb or descend staircases carrying luggage which cannot be safely borne by them alone, or without turning on the light); and
b) alert a member of Armirate’s staff to potential health & safety risks of which they become aware (e.g. lights not working on a staircase).
16. Medication
16.1 Armirate will require the Parent to provide an accurate record of the Student’s medical history before the Course. The Parent agrees to keep Armirate updated immediately with any changes to the Student’s medical records or information. If the Student requires any medication, the Parent shall obtain from the Student’s doctor a Chinese translation or instruction for the use and dosage of the medicine during the Course.
16.2 Armirate has the right to request for a qualified medical practitioner to assess the Student’s health or need for any medication and to provide a written record of this to Armirate. Any medical expenses incurred are the responsibility of the Parent. Where Armirate pays for the Student’s medical expenses, the amount must be reimbursed within five days by the Parent.
16.3 If, in the judgement of Armirate, at any time the Student is unfit to attend the Course, the Contract will be terminated pursuant to Clause 10.
16.4 If, in the judgement of Armirate, the Student requires qualified medical attention he will be taken to a GP’s surgery or hospital. Any medical expenses incurred are the responsibility of the Parent. Where Armirate pays for the Student’s medical expenses, the amount must be reimbursed within five days by the Parent.
16.5 In the case of sickness, accident or injury, Armirate has the right to administer first aid and/or medication to the Student, including but not limited to paracetamol. The Parent may opt the Student out of this by informing Armirate in writing.
16.6 Armirate will not administer or store any non-basic medication. The Parent must notify Armirate in writing if the Student needs any prescribed or non-basic medication, including injections. The Parent is fully responsible for the administration and storage of any prescribed or non-basic medication, including injections (by agreeing to the Contract, the Parent of the Student administrating their own medication agrees they have been assessed as sufficiently responsible to selfmedicate).
16.7 In the case of any medical emergency, Armirate will arrange for the emergency services to take the Student to hospital, where they shall be in the care of the local healthcare system who will treat them according to their regulations and policies. Armirate will not be held liable for the decisions of the local healthcare system.
16.8 The Parent agrees that Armirate has the right to confine the Student to their room if they are unwell, contagious or isolating.
17. Control of infectious diseases
17.1 The Parent agrees that for the protection of other students, its staff members, and the general public, Armirate may require the Student to take a test (in such form as Armirate shall in its absolute discretion determine, such as a temperature check, a lateral flow test, or laboratory-based sample testing) for COVID-19 or any other infectious disease upon arrival for the Course and periodically throughout the Course.
17.2 The Parent agrees that should the Student return a positive result on arrival, Armirate shall be entitled to refuse such Student entry to the Course, and may make arrangements for the Student to undertake any period of quarantine or self-isolation mandated by the British Government, the Chinese Government, or the relevant authorities of the location in which the Student is at the time. The Parent agrees that they shall be liable for the costs of any such arrangements and shall pay in advance such funds as are reasonably requested by Armirate on account of such costs, and reimburse Armirate forthwith upon demand for such costs which it has incurred.
17.3 The Parent agrees that should the Student return a positive result to any test carried out during the Course, Armirate shall be entitled to require the Student to undertake any period of quarantine or self-isolation mandated by the British Government, the Chinese Government, or the relevant authorities of the location in which the Student is at the time, either on Campus or, if necessary, at an off-Campus location. The Parent shall be responsible for any additional costs incurred by Armirate in making arrangements for quarantine or selfisolation, and shall pay in advance such funds as are reasonably requested by Armirate on account of such costs, and reimburse Armirate forthwith upon demand for any such costs which it has incurred.
18. Limitation of liability
18.1 Armirate shall not be liable to the Parent or the Student for any damages, loss, costs, expenses, claims or proceedings howsoever arising and whether actual or contingent arising in connection with the performance or contemplated performance of this Contract except for death or personal injury resulting from negligence of Armirate, its employees, agents, consultants, subcontractors or suppliers whilst acting within the scope of or in the course of their employment or contract.
18.2 Without limiting the generality of this Clause 18 or of the Contract as a whole, Armirate will not accept liability in the following circumstances:
a) loss of or damage to personal belongings whether or not caused by Armirate’s negligence;
b) if the failure or breach of this Contract is in whole or in part the fault of the Parent or the Student;
c) if the failure or breach of this Contract is the fault of someone else not connected with the provision of the premises at which the Student is staying;
d) if the failure or breach of this Contract is in whole or in part attributable to any unusual or unforeseeable circumstances beyond Armirate’s control, the consequences of which could not have been avoided even if all reasonable care had been exercised; or
e) if the failure or breach of this Contract is in whole or in part attributable to any event which Armirate or the supplier of any service, even with all reasonable care, could not foresee or forestall.
18.3 Where Armirate makes any payment to the Parent arising from this Contract, by the acceptance of such payment the Parent thereby assigns to Armirate or its insurers any rights the Parent may have to pursue any other third party. The Parent must thereafter provide Armirate and its insurers with all assistance requested in the pursuit of any such claims.
19. Force majeure
Without prejudice to Clause 18, Armirate shall not be deemed to be in breach of this Contract or otherwise be liable to the Parent or the Student for nonperformance or part-performance only or delay in performance of any obligation under this Contract arising wholly or partially out of circumstances beyond its control including but not limited to occurrences or threatened or suspected occurrences of activities of suspected terrorists, human or animal disease (including COVID-19 and any future pandemic), fire or flood, natural disaster, disruption to air traffic, withdrawal or non-availability of services or facilities by any third party, or direction of any competent local or national authority or fear of any such.
20. Assignment
20.1 This Contract is personal to the Parent who may not assign or dispose of any of their rights hereunder or subcontract or otherwise delegate any of their obligations hereunder.
20.2 Armirate shall be entitled to assign the benefit and/or burden of this Contract to any person or company without requiring any consent of the Parent.
21. Notices and service
21.1 Any notice or other information required or authorised by this Contract to be given by either party to the other may be given by hand or sent (by first class pre-paid post or email), in the case of Armirate at the addresses stated in Clause 9, and in the case of the Parent at their address as stated in the last communication of each type received from them.
21.2 Any notice or other information sent to the Parent by post which is not returned to the sender as undelivered shall be deemed to have been given on the third day after the envelope containing the same was so posted; and proof that the envelope containing any such notice or information was properly addressed and posted and that it has not been so returned to the sender shall be sufficient evidence that such notice or information has been duly given.
21.3 Any notice or other information sent by fax transmission, email or comparable means of communication shall be deemed to have been duly given on the date of transmission provided that, in the case of a fax, confirmation of transmission has been generated, and in the case of email, no “failed delivery” message has been received by the sender.
21.4 Service of any legal proceedings concerning or arising out of this Contract may be effected by causing the same to be delivered to any address provided by the Parent or to such other address as may from time to time be notified in writing by the party concerned.
22. Governing law and jurisdiction
The interpretation and performance of this Contract shall be subject in all respects to English law and the Parent hereby irrevocably submits to the exclusive jurisdiction of the English courts in respect of any difference, claim, or dispute (including any noncontractual difference, claim, or dispute) that may occur between the parties to this Contract in relation to this Contract, its meaning, performance, subjectmatter, or formation, or in relation to any other matter.
23. Severance
If any provision or part-provision of this Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to render it valid, legal, and enforceable, or, if that is not possible, it shall be deemed deleted, but such deletion shall not affect the validity and enforceability of the rest of this Contract.
24. Waiver
No failure or delay by Armirate to exercise any right or remedy provided under this Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
25. Third party rights
The Contracts (Rights of Third Parties) Act 1999 is excluded from applying to this Contract and nothing in this Contract confers or purports to confer on any third party any benefit or any right to enforce any terms of this Contract.
26. No relationship of partnership, agency, or employment
Nothing in this Contract shall create, or be deemed to create, a partnership or the relationship of principal and agent or employer and employee between Armirate and the Parent or any other person.
27. Alterations
Without prejudice to any other clause of this Contract, Armirate reserves the right to make alterations without prior warning to Course start dates, Course content, and its academic and extracurricular timetables, depending on the availability of lecturers and other staff and other factors, as well as to the Rules & Regulations.
28. Insurance
28.1 It is compulsory for the Parent to ensure that the Student be at all times comprehensively insured to cover all costs and consequences of medical treatment, repatriation, personal/public liability, personal accident, damage/theft/loss of personal belongings, legal expenses, recovery of course fees and flights booked or needed in the event of cancellation or early departure.
28.2 The Parent shall provide Armirate with proof of the Student applicable policies of insurance forthwith upon request.
28.3 It is the Parent’s responsibility to follow the relevant requirements of the Student insurer, for example in informing the insurer promptly after any accident and claiming from the insurer.
29. Visas
29.1 The Course fees include the arrangement by Armirate of an appropriate visa for the Student and compliance with all other Chinese entry and residence requirements during the period in which the Course is to take place.
29.2 The Parent agrees to provide Armirate with any information required and originals or copies of any relevant documents needed by Armirate to comply with Clause 29.1.
29.3 If Armirate is unable to arrange for an appropriate visa for the Student during the period in which the booked course is set to take place, Armirate will provide the Parent with a full refund of any fees paid in connection with the Course, including the Non-Refundable Booking Fee.
29.4 The Parent and the Student shall comply fully with any applicable immigration laws when entering the country in which the Course is held.
30. Representation
The Parent undertakes with Armirate:
30.1 Neither the Parent nor the Student shall make trade mark use of any name, trade mark or logo of Armirate; and
30.2 Neither the Parent nor the Student shall make trade mark use of any name, trade mark or logo of the Campus or other venues (whether or not Course activities are held there).
31. Communication of this Contract
31.1 Armirate shall communicate to the Parent the terms contained in this Contract in several ways in order to ensure that such terms are successfully received and understood.
31.2 Specifically this Contract will be:
a) presented every day online (save during reasonable downtime for website maintenance) on our website at http://silkroads.co.uk as a link which may be viewed and printed off in full at any time; and
b) presented as a hyperlink as a part of the online application process with the website coding written such that registration is not possible without a tickbox being checked by the Parent thereby signalling agreement.
32. Marketing, photography and videos
32.1 Subject to Clause 32.3 the Parent agrees that the Student shall participate in promotional activities undertaken by Armirate which include photography, videoing, recording and other such activities.
32.2 These activities may result in the production of materials featuring the Student such as brochures, posters, websites, newsletters and marketing campaigns, as well as in the use of the Student’s image (whether moving or still) or voice in social media posts.
32.3 Where desired, the Parent is able to opt the Student out in advance of involvement in such marketing prior to the Student’s arrival to the Course by sending an email requesting the same to info@armirate.com or to such other address as may be notified to the Parent by Armirate from time to time.
33. Press / media
33.1 Subject to Clause 33.2, neither the Parent nor the Student shall during the Course make any statement or give any interview to the media or publish any material whether online or otherwise in relation to Armirate or any of its employees, members or workers or its clients or business referrers without the prior written consent of a company director of Armirate.
33.2 The Parent and the Student may make reasonable use of social media platforms, provided that:
a) they do so in accordance with this Contract and the Rules & Regulations, and with any applicable laws;
b) they do not publish any material which is defamatory, offensive, obscene, or illegal;
c) if the published material refers to, features, or includes the image of any other student, they have the permission of that student to publish it; and
d) they comply with the terms of use of any social media platforms which they use, including any terms as to minimum age limits.
33.3 The Parent and the Student shall remove or recall any material which has been published immediately upon being asked to do so by or on behalf of Armirate insofar as it is within the Parent or Student's power to do so.
34. Medical, Religious, Disability, Learning and other Policies and Procedures
34.1 Armirate welcomes students from many different ethnic groups, backgrounds, and creeds. Armirate will do all that is reasonable to ensure that the Course's culture, policies, and procedures are made accessible to students who have disabilities and to comply with Armirate’s legal and moral responsibilities under equality legislation in order to accommodate the needs of applicants and students who have disabilities for which, after reasonable adjustments, Armirate can cater for adequately.
34.2 Armirate will require the Parent to complete a medical and dietary information form for the Student prior to the Student’s arrival to the Course. The Parent shall submit the completed form not less than 60 days prior to the start of the Course: it being essential to the safety and wellbeing of each Student that the form is completed accurately and fully. If the information given on the form relating to the Student changes at any time prior to the end of the course, the Parent shall notify Armirate forthwith of any changes.
35. Data processing
35.1 Armirate’s Privacy Policy for Parents and Students (“the Privacy Policy”), which is available at http://silkroads.co.uk (or at such other URL as Armirate may choose to make it available from time to time) or on request by email to info@armirate.com, sets out, amongst other information, what personal data Armirate collects, the ways in which that data is used, and with whom that data may be shared.
35.2 For the avoidance of doubt, and without prejudice to any other legal basis which Armirate may have for processing that data, the Parent consents to Armirate processing the Parent’s and the Student’s personal data in accordance with the Privacy Policy.
36. Complaints procedure
36.1 If the Parent has a complaint, the Parent shall put it into writing and send it to Armirate via email to info@armirate.com, explaining the details of their complaint as fully as possible.
36.2 Armirate will send the Parent an email or letter acknowledging his or her complaint and the Parent may be required to confirm or explain the complaint in further detail.
36.3 Armirate will start to investigate the Parent’s complaint as soon as is reasonably practicable after receiving the complaint and any additional information requested by Armirate.
36.4 Once Armirate has investigated the complaint, Armirate will contact the Parent to confirm its findings and any solutions that may be agreeable.
36.5 If the Parent is not satisfied with how the complaint has been dealt with, the Parent shall contact Armirate again.
36.6 Armirate will review the investigation and decisions made.
36.7 Armirate will notify the Parent of the results of this review as soon as reasonably possible and confirm its final position on the Parent’s complaint providing reasonable detail on its decision.
37. About Armirate
Armirate is incorporated in England under company number 15182561 with its registered office at 3rd Floor, Chancery House, St Nicholas Way, Sutton, Surrey, United Kingdom, SM1 1JB. Its VAT number is 454244891. Armirate contracts with the Lanzhou Oriental Secondary School for the use of their facilities but is not a part of and does not operate under the aegis of the Lanzhou Oriental Secondary School, or any other school.
38. Continuing obligations
The following provisions of this Contract shall survive expiry at termination of this Contract howsoever it may arise and shall continue in force indefinitely:
Clause 7 (Balance payment), Clause 8 (Your right to cancel within 14 days), Clause 10.4 (Termination), Clause 11 (Consequences of complete or partial termination), Clause c) and h) (The Parent’s responsibilities), Clause 12.4, 12.5, and 12.6 (The Parent’s responsibilities), Clause 14 (Rules & Regulations), Clause 18 (Limitation of liability), Clause 22 (Governing law and jurisdiction), Clause 23 (Severance), Clause 24 (Waiver), Clause 29 (Visas), Clause 30 (Representation), Clause 32 (Marketing, photography and videos), Clause 35 (Data processing), Clause 36 (Complaints procedure).
39. Value Added Tax (VAT)
All prices stated by Armirate in its electronic and paper marketing materials are inclusive of VAT (where applicable).