Booking Terms

Hello! We have some terms and conditions you should read through before you book a course with us. If you have questions, please contact EBS Care. We are always here to help.

Your contract is with European Bartender School International Limited, World Trade Center, Unit 1.21, 6 Bayside Road, Gibraltar. Company number: 107518, trading as European Bartender School. When you make a booking with us the Terms and Conditions below apply.

The terms “we”, “us”, “our” and “EBS” refer to European Bartender School, a Gibraltar based company. The term “you”, “student”, “user” or “customer” refers to the user visiting and/or booking a course through our website, or through our customer service agents.

General

It is not possible to proceed with the booking process without accepting these Terms and Conditions. You must read and/or print a copy of the Terms and Conditions at the time of booking to be aware of the regulations in force. EBS can change these Terms and Conditions at any time without prior notice, although such changes will not apply to bookings that have already been accepted by EBS. When you book through our website you agree to be bound by the following obligations:

1. You accept financial responsibility for all transactions made under your name or account.
2. You confirm to be at least 18 years of age on the starting date of the booked course and to have the legal capacity to make a booking.
3. You need to be at least 21 years of age on the starting date of the booked course and must have the legal capacity to make a booking for the destination of New York.
4. You warrant that all information you provide about yourself or anyone else is true and accurate.
5. You will not use this site for speculative, false, or fraudulent bookings.
6. Payment of the course signifies your understanding and acceptance of these Terms and Conditions.

The price you pay

EBS endeavors to ensure that the most up to date and correct prices are shown on our website. However, EBS reserves the right to alter their prices at any time. Occasionally an incorrect price may be shown, due to an error. When EBS becomes aware of any such error, we will endeavor to notify you at the time of booking or as soon as reasonably possible. We reserve the right to cancel the booking if you do not wish to accept the price that is actually applicable to the booking.

Our responsibility for your booking

We will arrange for you to receive the course that you have booked, and that we in turn confirm. These services will be provided either directly by us or through independent suppliers contracted by us. Except for when we are used a booking agent, we are responsible for making sure that each part of the course you book with us is provided to a reasonable standard and as was advertised by us (or as changed and accepted by you).

Changes & cancellations

If we cancel your booking

We hope that we will not have to make any changes to your booking, but because our courses are planned months in advance it is sometimes necessary to do so. For example, if there are not enough people booked onto your course or if any unforeseen circumstances arise that make one of our schools to be unfit for use, we may have to cancel your course.

We reserve the right to cancel your course under any circumstances. If we have to cancel your paid booking, you are entitled to either have a full refund (minus cancellation insurance and any payment fees) or accept a replacement course from us, which would be of an equivalent or similar standard, if we are able to offer you one. We cannot be responsible for any costs or expenses you may incur as a result of our cancellation.

If we alter your booking

As stated above we aim not to make any changes to your booking once it is confirmed, although arrangements are often made many months in advance with our suppliers over whom we have no direct control. As a result changes may be necessary. Most changes will be minor and although we endeavor to advise you of any of these changes before your course, we have no obligation to do so and will not pay any compensation for any costs that occur because of alteration. We will strive to inform you of a major change before your course begins; a major change is defined as a significant change of an EBS School destination (not venue), or a significant change of dates. These changes are only examples, and there may be other significant changes that would constitute a major change. If you have booked a course with accommodation, from time to time we may have to change details of the accommodation. If any change will have a major influence on your accommodation, then we will tell you about it in due course, if the change allows us the time to do so. Changes we will tell you about include;

• Significant change of your accommodation.
• Significant change of EBS School.
• Significant change of course dates.

Our accommodation providers have the right to change your accommodation to an alternative, which is at least a similar standard to that of which you have booked. In the unlikely event that an accommodation provider has to offer alternative accommodation of an inferior standard, then the difference in price will be repaid to you. If the accommodation provider is unable to provide an alternative that is suitable or acceptable to you, then EBS reserves the right to cancel your booking and we will notify you accordingly.

In the event of us notifying you of a major change before your course begins we will provide you with four options:

• Accept the alternative arrangements that we may offer.
•  Accept a replacement course from us of equivalent or similar standard and price. If the course is more expensive you will have to pay the difference, but if it is cheaper we will refund the difference.
• Cancel the course and receive a total refund of all monies paid to us (minus cancellation insurance and any payment fees).
• Freeze the current booking for a period of one year from the date of the original booking, allowing you to rebook a similar priced course at a later date within the one-year period. If the preferred date is after one calendar year from the date of the original booking, the cost must be paid in full, plus any cancellation charges for the earlier booking.

If you change your booking

If after confirmation of booking has been issued, you wish to change your booking in any way, we will do our utmost to accommodate these changes. However, it may not always be possible. Additionally, we charge an ‘Amendment Fee’ for each detail of your booking we allow you to change, for a list of charges see our amendment fees table below. Please note that major changes made by you, including but not limited to; travelling earlier or later than planned, will be treated as a cancellation if made 0-25 days before the course starts.

Guide to our amendment fees

* You may sell your booking to another person, providing the following conditions are met:

• You authorize the change in writing.
• The new student that you are transferring the booking to accepts the transfer, and confirms their acceptance in writing.
• That person complies with the terms of the existing booking, and agrees to take over any remaining payments.

** Changing your EBS School 0-25 days before the course starts. If you wish to change your EBS School we will endeavor to assist and book you into the new school, if the preferred school is not fully booked, in which case cancellation charges will apply. If the new school has availability the above amendment fee will be payable, plus any difference should the chosen EBS School be of a higher value.

*** Changes to EBS Accommodation. If you have booked a course with accommodation and wish to change to a course with no accommodation, we will refund you the cost of the accommodation, minus the above amendment fee charges. If you have booked with no accommodation and wish to change to a course with accommodation, we will endeavor to assist you. However, accommodation may not be available at short notice. The extra cost for the accommodation will be payable, in addition to a €25 booking amendment fee.

If you cancel your booking

You can change your booking free of charge, or cancel it with a full refund (minus cancellation insurance and any payment fees) within 14 days from the date that you made your initial booking. After this period of 14 days you have entered a legally binding agreement to pay for the cost of your course in full. Note that the 14 days threshold must be prior to the starting date of the course. In case the course starts in less than 14 days after booking, you will have until the last Friday before the course starts to notify us of any changes.

In the event of you wishing to cancel your booking we will provide you with three options*:

• You can postpone your course and elect to take a similar EBS course within a period of one year from when the booked course was originally supposed to start. The chosen course can be at any EBS Destination. An admin fee will be charged, please see the amendment fees above for more information. Any monies already paid will be held on account and deducted against the new booking price. If the course is more expensive you will have to pay the difference, but if it is cheaper we will refund the difference**.
• You can sell your course to someone else, but an admin fee will be charged. Please see the amendment fees above for more information. You are wholly responsible for selling your course. EBS cannot assist you with this.
• You can cancel your course, but you will be liable for course fees and cancellation charges as a result of your cancellation***. See the cancellation charges below.

*Changes can only be made once with the above amendment fees. If you wish to make a second change, the amendment fee will always be €300 and no refunds will be made. In the case that you wish to freeze your course and sell it, you will have to pay the applicable amendment fee for freezing your course and an extra €25 for selling it.

**If your course payment is being handled by a third party (e.g. SVEA), you need to follow their rules in regards to paying back your debt. EBS is not responsible for any non-paid invoices to third parties.

***If your course payment is being handled by a third party (e.g. SVEA), the cancellation charges will always be 100% of the booking price.

Cancellation charges

To compensate us for the fact that we may not be able to resell your booking, and to cover any expense we have paid whilst processing your booking, we must make a cancellation charge according to the scale shown below.

These charges, based on how many days before your booked course we receive your cancellation notice, dictate what percentage of your booking payment will be refunded.

We cannot be responsible for any costs or expenses you may incur as a result of your cancellation. No compensation is payable for minor changes to your booking. Minor changes do not entitle you to cancel or change to another course without paying the applicable charges.

Time period before course when notice of cancellation is received	Percentage of total amount paid to be refunded
151 days or more before the course	50%
150 – 101 days before the course	40%
100 – 51 days before the course	30%
50 – 0 days before the course	0%
Cancellation Fee	30£

In addition to the percentage of amount paid shown above, a cancellation fee will be payable. The cancellation fee will be deducted from any monies due.

Please note that the Cancellation Insurance, Flexi-Booking, Educational Guarantee, and airport bus transfer are non-refundable, so, if you added those options to your booking, they will not count as part of the amount to be refunded.

The cancellation charges will be applied based on the date of your original booking, unless you move your booking to an earlier date, in which case your charges will be based on the earlier date. Therefore, if you use our Flexi-Booking add-on to change your course to a later date rather than cancelling, the cancellation charges will still be based on your original booking date.

Please be aware that documents are required to issue a bank transfer refund. Although you are entitled to a certain amount to be refunded from the moment you notify us with the cancellation, we cannot confirm the exact amount you will be refunded until we receive the valid documents. If you delay in sending us those documents, the percentage you get back may vary.

No refunds will be made for cancellations received within 50 days before the booked course starts, nor for non-appearance, or for any student who has started the course. In this case, cancellation charges will amount to 100% of the booking price.

Reimbursements

In the event of a refund being payable to the customer after consideration of the above fees/charges/deductions, the relevant amount will be transferred back to the party that made the original booking to the payment card/bank account used to make that booking. Any insurances/booking fees/charges/deductions applied will not be eligible for reimbursement.

Take into consideration that documentation, such as but not limited to, proof of payment and the ID of the bank account holder will be required in order to process the refund by bank transfer.

There is a deadline by which you must send us the correct documentation. See the table below:

3 months from the date upon which we requested the documents: 100% of the refundable amount will be paid back

After the 3 months, fees will be applied:
– 3 to 6 months: 50% of the refundable amount will be deducted
– Over 6 months: no refund will be received

It is not possible to process refunds by bank transfer for an amount equal to or less than 85£. In the event that you are entitled to get a non-refundable amount back, we will do our best to compensate you either with merchandising/EBS Products of similar value or with a discount on future courses.

A fee of 25£ will be deducted for bank transfer refunds.

Refunds by card cannot be processed if the payment was made prior the 11th of January 2024. In those cases, the refund will be made by bank transfer and specific documentation will be required.

The maximum amount that can be refunded by card is the amount that was originally paid this way. It is not possible to refund by card an amount greater than that originally paid via this method.

Please note that the reimbursement can take between 30 and 60 days to be processed.

Currencies

When you enroll in our courses through our website, it is important to note that payments for these courses must be made using the currencies and payment methods supported by our platform. The following details explain the payment process.

The payment system built into our online booking platform accepts specific currencies. These currencies vary depending on the location in which the platform is used and its global reach. For instance, if our platform is used within the United States, payments will primarily be accepted in U.S. Dollars (USD). For operations in Europe, the accepted currency might be Euros (EUR).

The currency used for transactions on our platform will be clearly indicated during the payment process. It is essential to check the currency accepted by our platform when enrolling in a course and to make payments in the specified currency to avoid processing issues.

If you inadvertently select a currency that does not match your preference or payment requirements during the booking process, please contact our support team immediately at supportlistening@barschool.net before proceeding with any payment. In such cases, we will do our best to assist you with the currency change, taking into consideration the following conditions:

1. Timely notification: you should contact us as soon as you become aware of the currency selection error and before making the payment. We are not be able to make changes if the payment has already been processed.
2. Customer responsibility: it is your responsibility to verify and select the correct currency at the time of booking. While we strive to accommodate requests for currency changes, we will only consider changes upon prompt notification and the payment not having been processed.
3. No guarantee: after a payment is completed, we are unable to make any changes or adjustments to the currency used, and refunds cannot be issued for errors related to currency selection.

We encourage you to carefully review bookings and payment details to avoid currency selection errors.

Cancellation of bookings under the cancellation protection scheme

We offer our students peace of mind, with a cancellation protection scheme. This allows a student to change their course date or destination for free or to receive a full refund (minus cancellation insurance, educational guarantee, flexi-booking and any payment fees) if they are unable to take the course due to a reason covered below. This is applicable at any time up to but not including the starting date of the course.

You are covered for:

1. DEATH, INJURY, ILLNESS, PREGNANCY (certified in all cases by a qualified medical practitioner only), jury service or witness call.
2. DEATH, INJURY OR ILLNESS (certified in all cases by a qualified medical practitioner only) of the spouse, civil partner, parent, children, parent-in-law or fiancé.

The medical practitioner’s certificate must be stamped, written in English and should contain:
a) the doctor’s explicit advice against taking part in our course,
b) diagnosis,
c) date of first treatment/examination,
d) date of a possible new treatment/examination as the basis for the doctor’s advice against taking part in the course.

We cannot offer protection for:

• Any recurring, epidemic disease or chronic or continuing illness or condition and pre-existing medical conditions or injuries known to you at the time of booking.
• Suicide or attempted suicide
• Drug addiction or alcoholism
• Failing to follow medical advice or travelling against medical advice
• Divorce, separation or personal relationship breakdown
• Failure to obtain the correct passport, visa and immigration requirements

The cancellation protection scheme can be added to a course up until 14 days after the original booking date, given that the booked course starts more than 30 days after the booking date.

The cancellation protection scheme can be used only once. If the student has made a change to their booking for free under this Scheme, any further changes will be treated accordingly and the student will have to pay the above amendment fees for making the change.

If a third party has compensated the insured person, benefits under this contract shall lapse. The lawful holder of the cancellation protection scheme is the name given in the booking confirmation. The cancellation protection scheme is valid only if it is taken out at the time of originally booking the course.

We will require supporting documentation, depending on the nature of the cancellation.

Cancellation of bookings not under the cancellation protection scheme

If your reason for cancelling your course is not covered by the scheme, or you did not select the optional cancellation protection scheme at the time of booking, you will have to pay the applicable cancellation charge shown in the table above – cancellation charges.

Covid-19 Cancellation Insurance

Covid-19 Cancellation Insurance is automatically applied to every booking made between 19th November 2020 and 16th May 2022. Bookings made before or after this date don’t include the insurance, unless it was included as part of a promotion.

In addition to the Covid-19 Cancellation Insurance, Flexi Booking is also automatically included with all² International Bartender Course bookings made between:

• 11/03/2021 and 05/04/2021, as part of the March 2021 campaign.
• 22/04/2021 and 16/05/2021, as part of the April 2021 campaign.
• 08/02/2022 and 15/02/2022, as part of the February 2022 campaign.

If you have purchased a course with the Covid-19 cancellation insurance, this entitles you to a full refund (minus any payment fees) in the event of one of the following Covid-19-related incidents:

• If your outbound flight to the EBS school is cancelled due to a travel ban
• If the destination of your course would require you to quarantine upon arrival
• If your course is cancelled by EBS because of Covid-19-related reasons
• If you test positive for Covid-19 in the 2 weeks prior to your course start date and can prove this with a medical certificate

If your course is cancelled for Covid-related reasons or for too few attendees, please bear in mind that once you have made the decision to freeze or book a new course date rather than receiving a refund, that decision is final and we will not be able to refund you at a later date. However, if the course you have been re-booked onto is cancelled due to Covid-19 then you would be entitled to a refund in this case.

If you would like to claim for a refund, please email listening@barschool.net.

1. Covid-19 Cancellation Insurance is not included with Coffee Course (1 day) bookings
2. Flexi Booking is only included with courses booked as part of a campaign and is excluded from scholarship bookings

What to do if you need to cancel your booking

In the unfortunate event that you have to cancel your booking please contact us immediately; however we will also require written confirmation within five days. If the cancellation is within the 14-day period you will receive a full refund (minus cancellation insurance and any payment fees), after this date the cancellation will be processed accordingly and you may have to pay cancellation charges.

Mixology Course

An EBS advanced course can be booked at any time (before, during or at any time after the International Bartender Course) and can be taken at any EBS destination that offers the course. EBS does recommend a certain amount of experience for these courses, the recommendations can be found on the web page.

After successfully completing the 2-Day Mixology the student will receive a stamp on their EBS International Bartender Course diploma. If the student does not have an EBS diploma, the stamp will be put on an EBS-form.

Please note that all regular booking terms apply for this EBS course.

Advanced Bartending Course and Flair Bartender Course

An EBS advanced course can be booked at any time (before, during or any time after the International Bartender Course) and can be taken at any EBS destination that offers the course. EBS does recommend a certain amount of experience for these courses, the recommendations can be found on the web page.

After successfully completing the advanced course, the student will receive a certificate.

Please note that all regular booking terms apply for this EBS course.

Spirit expeditions

A spirit expedition can be booked at any time and can be taken at any EBS destination that offers the course. Previous professional experience isn’t required to participate in the spirit expeditions. The length of the trips may vary depending of the chosen product. The spirit expeditions are sold as a package and include the accommodation for the length of the course.

After successfully completing the spirit expedition, the student will receive a certificate of attendance.

Please note that all regular booking terms apply for the spirit expeditions.

Instructor Academy

The EBS Instructor Academy can only be booked if the student is approved by the Head of Education. EBS Care will take care of the application process and inform the student about their approval.

After successfully completing the Instructor Academy, the student will receive a certificate.

Please note that all regular booking terms apply for this EBS course.

Basic Bartender Course

An EBS Basic Bartender Course (1 week) can booked at any time (before, during or after the International Bartender Course) and can be taken at any EBS destination that offers the course. Students are not required to have any previous bartending experience for this course. Find specific requirements on the course page {link to BBC course page}.

Events and the graduation dinner at not included in this product.

• The Basic Bartender Course certificate does not grant access to the EBS MatchStaff online job platform.
• The educational guarantee insurance is not valid for this course.
• Please note that all regular booking terms apply for this EBS course.

Online courses

We offer several online courses. Their purchase is possible through our website. Payment of the course is required at the time of enrolment. We accept payment through our designated online payment gateway.

Upon successful payment and enrolment, you will receive access to the course materials through our online learning platform. Access to the course is limited to the individual enrolled and may not be shared, distributed, or transferred to any other party.

The course materials provided are for personal use and educational purposes only. You may not reproduce, distribute, modify, or create derivative works of the course materials without prior written consent from EBS. In addition to the course provided by us, note that it will be necessary to obtain some ingredients or extra materials yourself to take the course and practise correctly.

Students have 14 days from the date of purchase to make changes or cancel their enrolment, provided they have not begun the course. Requests for cancellation or changes must be submitted in writing to our support team at supportlistening@barschool.net. If the course has already commenced, it will not be possible to make changes or cancellations.

You have life-long access to your online course. This means that you can take your time to complete it and rewatch as many times as you like.
We make no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, or reliability of the course materials. Your use of the course materials is at your own risk.

Educational Guarantee

To make your life easier, EBS offers you an Educational Guarantee. This gives you the chance to retake your EBS course at the same destination until you pass.

The Educational Guarantee is an optional addition to your booking and can be added to your booking up to 1 day before the course starts. The Educational Guarantee cannot be added after a course has commenced.

Please also note that:

• The course(s) you wish to retake must be within a year of the original course and there must be spaces available.
• For you to be eligible to use the Educational Guarantee, you must have attended and failed your course.
• You must have shown good behaviour throughout your course, as observed by an EBS Instructor. If you have been absent during any time, this must be approved by an EBS Instructor or/and a doctor.
• Accommodation is not covered by this guarantee. If you require accommodation, you will have to cover these costs yourself. Please note that the current accommodation price might be higher than that which you paid the first time you booked the course. If you book accommodation through EBS, the extra charge must be paid from your student account before the course starts. You will not be able to pay it directly to the school.
• Bear in mind that any add-on, except the Educational Guarantee, that you might have added to your first booking, will be removed if you use the Educational Guarantee. We will keep the Educational Guarantee in your booking as you can use this option until you pass the course.
• When retaking the course, the highest grade you can obtain on your exam is a C.
• The Educational Guarantee is non-refundable.

Flexi Booking

Want to keep your plans flexible? Customers can do this by making an EBS Flexi Booking. This allows you to change your course dates, destinations and booking name free of charge and as many times as you want, until 14 days before the course starts.

The Flexi Booking is an addition to your booking and can be added no later than 14 days after the original booking date, given that the booked course starts more than 30 days after the booking date. The Flexi Booking cannot be added after a course has commenced.

Please note that:

• The price of Flexi Booking includes cancellation insurance, giving you complete flexibility and peace of mind.
• If you choose a destination that is more expensive than your original booking, you will have to pay the difference. If cheaper we will refund the difference.
• The options under “if you cancel your booking”, with exception of the actual amendment fees, are also applicable to the Flexi Booking.
• The Flexi Booking is non-refundable.

EBS Scholarships

These are the terms and Conditions for all scholarships, grants and awards administered European Bartender School LTD, World Trade Center, Unit 1.21, 6 Bayside Road, Gibraltar. Company number: 107518, trading as European Bartender School. All scholarships, grants and awards will be referred to as ‘scholarships’ herein. Scholarships are awarded by a number of funding sources.

Students in receipt of a course based scholarship (e.g. International Bartender Course), may also be required to sign an individual scholarship agreement. Students must meet all conditions as outlined in the agreement. You must read these Terms and Conditions in their entirety before you accept your scholarship offer. When you accept your scholarship offer, you are agreeing to and accepting these Terms and Conditions and any other requirements and conditions of your scholarship listed on the EBS website, outlined in your scholarship offer or subsequent scholarship agreement.

1 Keeping your contact details up to date

All information during the application process will be sent to your email address or for prospective students, to the address submitted in your scholarship application. Current EBS students must update their address details in their student account. Prospective students must inform the EBS CARE of any change in name or address details by submitting the information via email to customerservice@barschool.net.

2. Accepting your scholarship

All students offered scholarships will receive a scholarship offer containing the details of the scholarship and the link to these Terms and Conditions. You will be advised how to accept or reject your scholarship in your scholarship offer. If you do not complete the acceptance as instructed, your scholarship offer may be withdrawn and/or reallocated.

3 Scholarship value

The total value of your scholarship is outlined in your EBS student account, each EBS destination eligible for the scholarship have their own price as agreed with the EBS Board of Education. The scholarship cannot be used towards a course booking in a destination that is not eligible for the scholarship. Local franchises are not eligible for the scholarship.

4 Eligibility requirements 

It is not possible to proceed with the booking process without accepting these Terms and Conditions. It is therefore essential that you read, and/or print a copy of the Terms and Conditions at the time of booking in order to be aware of the provisions in force. Additionally, EBS can change these Terms and Conditions at any time without prior notice, although such changes will not apply to bookings that have already been accepted by EBS. When you book through our website you agree to be bound by the following obligations:

1. You accept financial responsibility for all transactions made under your name or account.
2. You confirm to be at least 18* years of age on the starting date of the booked course and to have the legal capacity to make a booking.
3. If you’re taking a course at EBS New York, you need to be 21 years old by the time the course starts, as this is the legal drinking age in the USA.
4. You warrant that all information you provide about yourself or anyone else is true and accurate.
5. You will not use this site for speculative, false or fraudulent bookings.
6. Resident of the Scholarship eligible countries at the time of the process.
7. The payment of the first installment must be within 7days.
8. The scholarship is not transferable nor refundable.

The Educational guarantee insurance is not valid for the scholarship.

5 Discontinuing your course

If you discontinue your course, your scholarship will be terminated. If you return to EBS, you are required to reapply for scholarships and there is no guarantee that you will be re-offered the same scholarship.

Force majeure

Force majeure circumstances are unusual, unforeseeable, or unavoidable events beyond EBS’ control, the consequences of which could not be mitigated even with the exercise of all due care. These circumstances include but are not limited to:

1. War and imminent threat of war: any declared or imminent war.
2. Riot, civil disobedience, or strife: any occurrences of civil unrest, rioting, or disobedience that result in disturbances to normal operations.
3. Governmental action: actions taken by governmental authorities that impact or disrupt normal operations.
4. Terrorist activity: acts of terrorism or any activities associated with terrorism that affect normal operations.
5. Natural or industrial disaster: catastrophic events of a natural or industrial nature, including earthquakes, hurricanes, industrial accidents, and other similar incidents.
6. Safety threats: uncontrolled fires, severe weather conditions, or significant changes in water levels that could jeopardise the safety or feasibility of normal operations.
7. Water level changes or floods: flooding or significant changes in river water levels that impact normal operations.
8. Airport closures: the closure of airports, either due to natural disasters, political reasons, or other unforeseen circumstances.
9. Industrial disputes involving third parties: labour disputes or strikes involving external entities which directly affect normal operations.
10. Technical or maintenance problems: unforeseen technical issues or maintenance problems that disrupt normal operations.
11. Unforeseen operational decisions of air carriers: decisions made by air carriers that are beyond our control, including changes in schedules or failures in the information technology infrastructure.
12. Failure in information technology infrastructure: any disruptions or failures in the information technology infrastructure, including but not limited to our website.
13. Failure in internet connections: unforeseen or uncontrollable failures in internet connections that impact the accessibility or functionality of normal operations.

In the occurrence of force majeure circumstances, EBS shall not be held liable or provide any compensation if our contractual obligations are a direct result of such circumstances. This limitation of liability extends to all aspects of the event affected by force majeure circumstances, including but not limited to cancellations, rescheduling, disruptions, or any other alterations deemed necessary due to the occurrence of such circumstances.

Our liability to you

To the fullest extent permissible by law, our liability for any loss or damage suffered by you shall be limited to that which arises out of the negligence of our employees, subcontractors or agents.

EBS shall not be liable for any indirect loss or damage which may be suffered by you. Including, but not limited to, loss of income, loss of business, loss of profits, loss of opportunity, loss of anticipated savings, loss of data or loss of enjoyment.

Nothing in these terms and conditions purports to limit or exclude our liability for:

• Death or personal injury caused by the negligence of EBS, its employees, subcontractors or agents;
• Fraud or fraudulent misrepresentation; or
• Any other matter for which it would be illegal for EBS to limit or exclude its liability.

Any other matter for which it would be illegal for EBS to limit or exclude its liability.

Passport, visa and immigration requirements

If your study involves cross border travel and therefore requires a passport, you must adhere to all of the necessary visa and immigration requirements. All students must be in possession of a FULL passport, valid for at least 6 months beyond the planned return date. In addition to this, visas may be required for some EBS destinations. We will give advice wherever possible, however your specific passport, visa requirements and other immigration requirements are your responsibility, and you should confirm these with the relevant embassies and/or consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. You may be liable for course fees and cancellation charges if you are unable to travel due to an incorrect passport, or fail to adhere to the visa and immigration requirements.

Health requirements

It is the responsibility of all EBS Students to seek advice from appropriate sources with regards to inoculations; vaccinations or medical treatment, which may be recommended/required for the country/countries they are visiting. We cannot accept liability for students who fail to seek advice and are not adequately protected.

Insurance

We cannot stress enough the importance of taking out adequate insurance against medical expenses arising overseas, personal liability claims against you, and loss or damage to luggage. The correct type of Insurance policy is: education or work abroad insurance – regular holiday travel insurance will not be adequate for this trip.

Payments by bank transfer

It’s the student’s responsibility to pay the exact course fee in the correct currency (shown in the payment information available after booking). We cannot be responsible for any costs students may incur as a result of paying in the wrong currency or as a result of failing to pay 100% of the transfer fees.

Payments by credit card

The escalating fees imposed upon us by the credit card companies have forced us to seek to cover at least part of the cost in accepting payments in this way. We will therefore apply 2.2% to all payments by credit card.

Credit card fraud

Please make sure that you have supplied us with the correct credit card billing information if you elect to pay by credit card. If you do not supply the correct credit billing address and/or cardholder information, your course booking may be delayed and the overall cost may increase. We do reserve the right to cancel bookings if the payment is declined or if you have supplied incorrect credit card information.

In addition, we also reserve the right to do random checks in order to minimize credit card fraud. As a result of this, before confirming your booking we may require you to provide us with a fax or postal copy of proof of identity, address, as well as a copy of your credit card and a recent statement.

Special requests

If you have a special request for a facility or service that is not advertised we shall pass it on to the relevant supplier. However we cannot guarantee that it will be met and we will accept no liability for the situation if it is not. We cannot accept any booking that is conditional upon special requests being met.

Items left behind

Please be advised that schools do not assume responsibility for any items that students misplace while attending an EBS course or inadvertently leave behind on school or accommodation premises after the course. This includes but is not limited to belongings such as electronics, money, travel documents, and other personal items. It is your responsibility to make sure that your property is kept safe at all times.

If you find that your personal belongings have gone missing during the course or have been unintentionally left behind at the school or accommodation after your stay ends, we kindly request that you contact an EBS school representative immediately. They will assist you in coordinating the retrieval of your items if they are still on the premises. Please be aware that you will be responsible for any associated delivery fees.

The school will keep items for seven days after a course finishes, after which any unclaimed items will be donated to charity.

Excursions

From time to time we may introduce you to reputable third party suppliers of excursions or other leisure services. If you choose to enter into a contract for the provision of excursions or other leisure services, your contract will be with that supplier directly and we act only in the capacity of an agent. Therefore we would have no liability for the proper performance of that contract. We are not responsible for the provision of your excursion or activity, or for anything that happens during the course of its provision by the supplier. Such excursions or activities are supplied subject to the conditions of the contract of the actual supplier of the service, and in accordance with local law.

If you have complaints

If you have any problem during your course, you must inform the applicable EBS representative immediately. They will then endeavor to rectify your problem. If they are unable to resolve the problem immediately, or a member of our staff is not available to assist you, then you should contact us straight away by contacting EBS care at the following e-mail address (listening@barschool.net). This must be done within 28 days of the course end date to allow your complaint to be investigated properly. We will not accept liability for any claims received after this deadline.

All complaints are dealt with in writing; as we do not deal with complaints over the phone. It is our policy to hold written records of all communication relating to problems experienced by our students. Please write your booking reference number in your email. It is also a condition of this contract that you communicate any problems that may arise to the EBS representative at your school during the course.  If you fail to follow the procedure detailed above, we cannot accept any responsibility as we have been deprived the opportunity to investigate and rectify the problem.

Disputes

These terms and conditions form a contract between you and EBS, which is governed by English law. You agree that any disputes will be dealt with in the English courts.

Right of admission

European Bartender School reserves the right to accept or deny admission to any course offered.

The decision of the Admissions Committee is final and not subject to appeal.

Fair admissions
We are committed to fair and unbiased admission practices and do not discriminate by race, nationality, religion, sex, age, disability, or any other legally protected status.

Rejected admission
We will notify students whose admission is denied. If a student is not contacted regarding admission, they have been accepted.

Acceptance of admission
Accepted students must pay the applicable fees by the specified deadline to be admitted. Failure to do so may result in the forfeiture of the student’s place in the course.

Your behaviour

We take the matter of the behaviour of our students at our schools very seriously. You are required to be considerate and respectful to other students whilst you are at an EBS School, as the decent and appropriate behaviour of our students towards one another is vital for our course environment. Additionally, everyone is expected to be tolerant to one another whilst at EBS.

Your course will be terminated by us or our suppliers concerned if you are constantly behaving unacceptably. In this situation, we will not be liable to make any refund, pay any compensation or meet any costs you may incur as a result of your behaviour.

Please note that, at all times you are subject to the laws of the country you are visiting and you must respect local cultures and customs. Additionally, when attending EBS Schools your behaviour is also subject to our student illegal drug and alcohol policy, which is detailed below.

Disciplinary policy

The EBS disciplinary policy is designed to help EBS deal with misbehaviour situations at our schools.

First offence

For minor violations, the student may receive a disciplinary warning via a simple procedure. This will usually consist of a verbal reprimand outlining the unacceptable behaviour and associated concern. For major violations, the student will automatically be removed from the EBS course. If this occurs we will treat your booking as cancelled by you from that moment.

Additionally, EBS may notify the student’s parents or legal guardians.

Second offence

For minor violations, the student may receive a second disciplinary warning. This will usually consist of a verbal or written reprimand, outlining the unacceptable behaviour and associated concern and/or receive a disciplinary warning with a specified period of time and review of behaviour. The latter would include terms appropriate to the violation, during which time the student must demonstrate compliance with the EBS alcohol and drugs policy within the terms of the probationary period.

For major violations, the student will automatically be removed from the EBS course, if this occurs we will treat your booking as cancelled by you from that moment.

Third offence

If such a repeat offence occurs during the probationary period, the student will automatically be removed from the EBS course, if this occurs we will treat your booking as cancelled by you from that moment. EBS will notify parents or legal guardians when a student has been removed from the course and will inform them on the reasons for removal.

Minor and major violations

EBS classifies unacceptable behaviour into two types: ‘minor’ and ‘major’ violations.  Broadly speaking a ‘major’ violation means that the alleged behaviour and/or prior misconduct by the student warrants the consideration of expulsion and cancellation from the course. If the alleged violation is considered ‘minor’, it does not warrant the consideration of expulsion and cancellation from the course. However, this does not mean that the alleged incident is insignificant or inconsequential in any way.

In general, minor violations are those which are disruptive, socially inappropriate, or incompatible with the atmosphere of learning and socializing at our schools. Major violations are those which are illegal, threatening, or dangerous to student or staff health and welfare; or those that are clearly ill-intentioned.  Minor violations, which are done with particular malice or carelessness, may become major violations.

Examples of minor violations, include, but are not limited to:

• Disregarding school or accommodation rules.
• Constantly using profanity.
• Engaging in inappropriate behaviour.
• Showing disrespect to EBS staff and fellow students.
• Smoking on school premises.
• Dangerous or irresponsible consumption of alcohol.

Examples of major violations, include, but are not limited to:

• Illegal drugs/controlled substances (possession, use, selling, or distributing).
• Willful and/or consistent defiance, disrespect, and/or refusal to obey authority.
• Any criminal activity.
• Threats, intimidation, or assault of EBS staff or students.
• Truancy.
• Vandalism.
• Being considered a habitually disruptive student.

Cancellation due to breach of our disciplinary policy

If you are found to be in breach of our disciplinary policy we will treat your booking as cancelled by you from that moment onwards. If this occurs overseas then you will become responsible for your own return home, and any other members of your group who are travelling with you. We will not be liable for any refund, compensation or any costs or expenses you may incur. We may also make a claim against you for any damages, costs and expenses (including legal expenses) incurred as a result of your behaviour. Criminal proceedings may also be instigated if necessary.

In addition to the disciplinary policy EBS also has its own policy with regard to illegal drugs and alcohol.

Student illegal drug and alcohol policy

Students are subject to all applicable local regulations concerning illegal drugs and the responsible consumption of alcohol. Additionally the EBS has strict sanctions that apply to any student who is believed to be in breach of our drug and alcohol policy.

Drug policy

Under no circumstances should unlawfully obtained, non-prescription drugs be brought to, sold, transferred, or consumed at any EBS school or premises. Drug paraphernalia is also prohibited at any EBS school. Additionally students are not permitted to use, sell, transfer or possess medication prescribed to another student.

Any disorderly conduct due to intoxication of a student or being in the presence of illegal drugs that requires intervention by EBS staff or local officials will be viewed as a major violation of our disciplinary policy. If this occurs we will treat your booking as cancelled by you from that moment onwards.

EBS reserves the right to randomly test its students for drug or substance abuse.

Alcohol policy

Students engaged in any EBS related activity, whilst at an EBS School during school hours, must be in a fit condition to perform appropriately. Dangerous or irresponsible drinking, including disorderly conduct due to intoxication that requires intervention by an EBS staff member or local officials, will be viewed as a breach of our disciplinary policy and you will be made subject to our violation protocols detailed above.

Smoking

All EBS schools are smoke free; additionally in some countries smoking is illegal in public enclosed areas.  Your co-operation is appreciated. Failure to observe this request will be viewed as a breach of our disciplinary policy and you will be made subject to our disciplinary policy detailed above.

Local laws

All students should make themselves aware of all local and state laws. EBS will not be held liable for any issues arising out of not complying with such local laws, customs and sensitivities.

Final decision

Any decision made by EBS with regard to the above Disciplinary, Alcohol, Illegal Drugs Policy is final. All aspects of this policy will be applied in an unbiased and impartial manner.

Exams and cheating

You will have daily tests throughout the International Bartender Course and, in the last week, you will have final exams for each Pillar of Education: Bar Practice, Masterclasses, Recipes, Free Pour, and Flair.

Cheating in any of these tests or exams is forbidden and consequent actions will be taken.

If you cheat in a daily test, you will automatically receive 0 points for it.

If you cheat in a final exam, you will automatically fail the course. It may be possible to retake but the conditions will vary depending on the severity of the action.

EBS accommodation

EBS can provide accommodation as part of the course if required. Only those individuals named on the booking may use any accommodation that has been arranged for you. You are not allowed to share the accommodation or let anyone else stay there. You are responsible for the cost of any damage caused to your accommodation or its contents during your stay. Additionally, each EBS destination has its own pricelist of items that are charged for if they are damaged or broken. These charges must be met by you and may have to be paid locally. When EBS Students are accommodated in hostels each hostel will often have their own accommodation rules that should be adhered to.

Bus transfer

1. Bus transfers are operated by European Bartender School; however, we may outsource or use vehicles from other operators and do so at our discretion.
2. Bookings are only valid for the date and time specified. If the passenger misses their transfer, we will try to accommodate the traveller on the next available transfer, but cannot guarantee it.
3. Date of departure, pick up and drop off times are subject to change and whilst we take all reasonable steps to notify students, it is ultimately the customer’s responsibility to confirm their booking by emailing phuket.manager@barschool.net or contacting the school via the telephone number provided in the pickup email. Delays and cancellations may occur due to unforeseen circumstances.
4. Passengers using our bus transfer service from the EBS school to the airport are responsible for ensuring that they arrive at the airport with sufficient time to board their flights.
5. Passengers are responsible for ensuring that they are waiting at the designated pickup location as per the confirmation provided.
6. In the case that the student’s flight is delayed with less than 24 hours until their bus transfer it is essential that they email phuket.manager@barschool.net or contact the school via the telephone number provided in the pickup email.
7. In the case that the student misses their bus transfer they must email phuket.manager@barschool.net or contact the school via the telephone number provided in the pickup email.
8. Customers who wish to complain must submit their complaint via the EBS website within 14 days of the date they booked their bus transfer. This is to ensure that we have all of the necessary resources at our disposal to investigate complaints.
9. Passengers are obliged to stay seated on the vehicle at all times with their seat belts fastened unless instructed otherwise by the driver.
10. Bus transfers take place in various vehicles of varying sizes.
11. Travellers who decide to withdraw at their own discretion at any stage during the service, will not be entitled to claim any refund whatsoever.
12. We accept no liability for direct or consequential loss of personal belongings. EBS cannot be held responsible for injury, loss or damage due to force majeure, including delays to bus transfers resulting in delayed arrival to the airport for departing flights. We advise all customers to take personal possession and health insurance.
13. We reserve the right to ask a person to withdraw from any service if we deem their conduct to be offensive or to cause annoyance to other passengers. We shall have no further liability for the carriage of such travellers.
14. We reserve the right to change the bus transfer itinerary due to weather conditions, imposed security limitations or force majeure.
15. Customers will receive a confirmation from the moment their booking is completed. Customers are responsible for checking that their order details are correct, and must inform EBS CARE of any errors immediately.
16. Customers are responsible for being at the stated pickup point at the time stated. For transfers from the school to the airport, customers should arrive at the pickup point 15 minutes before the stated time. Whilst our drivers will make reasonable attempts to identify missing passengers, no-shows will not be eligible for a refund, and due to the nature of the service, the vehicle return to pickup no-shows.
17. No refund will be provided for cancellation.

Promotions

Find the general terms for EBS promotions listed below. Please note that each EBS promotion could have additional terms specific to its unique offer.

Be aware that the promotions:

1. Will be granted via the application of promotional codes and will have the value, exclusions, and limitations that were disclosed to you at the time you received them.
2. Are only effective if they are made available on the EBS website or through EBS’ official communication channels, such as our official social media accounts, email newsletters, and direct communications from EBS Customer Service.
3. Can only be used on qualifying bookings made on the EBS website. Qualifying bookings are bookings made during the specific promotion’s allocated timeframe as stated in its accompanying terms and conditions.
4. Are only available to the schools and markets mentioned in the terms of each individual promotion.
5. Are valid for limited time periods and only bookings made within that timeframe can benefit from that particular promotion.
6. Cannot be used in conjunction with any other offers mentioned in the EBS promotions, whether prior to or following the specific promotion period. The promotional code or any other discounts provided can not be redeemed or exchanged for cash unless expressly stated otherwise in the terms of the particular promotion.
7. Additional service packages are not included in the promotion unless explicitly stated in the terms of the specific promotion as part of the promotional offer. Additional services, among others, can relate to food packages, accommodation, airport bus transfers, flights, or transportation to and from the destination.

Please take into consideration the following conditions regarding payments:

1. Promotions are only valid if you confirm your booking within 8 days, the date of booking counting as day 1. Failure to do so may result in the forfeiture of the promotional offer.
2. A booking is confirmed once the full course payment has been completed.
3. If you decide to pay for your course in instalments, your booking is confirmed after you have paid the first instalment. However, it only becomes valid once the final payment has been received.
4. In the case that you are eligible to opt into the EBS Pay Later plan, a booking is confirmed once you have completed the first payment but it only becomes valid when all pending payments due before the first day of the course have been paid.

EBS strictly prohibits the publishing of the promotional code on the internet, any other public forum, or social media, and the dissemination of the promotional code to any unauthorised persons. Violation of this policy may result in the revocation of the promotional offer and/or exclusion from future promotions.

If you make significant changes to your booking, such as altering the course dates, location, type, or if you take out one of our insurance options (Cancellation Insurance or Flexi Booking) in order to make such changes, the promotion may not apply and you will be required to pay the price difference between the costs of the initially purchased and later modified EBS course, including any other additional fees or costs unless the specific conditions of the promotion include modifications.

To claim the promotion, the booking must be made correctly, meaning you must include all products relevant to your purchase and apply the promotional code properly. Otherwise, you are not entitled to use the benefits included in the offer.
A promotional code is applied by opening the “Enter a promotion code” field in the booking section of the website and then clicking on “Validate”. The promotion will be automatically applied to your qualifying purchase.

You can find the specific terms of current promotions here.

Contacting you

If you book via our website we will communicate with you using the email address you have provided. Therefore it is essential to provide a suitable contact e-mail with your booking, so that you can receive your confirmation email or information of any updates and other news associated with your booking. We will assume that your email address is correct and that you understand the risks associated with using this form of communication. Please note that you may still have to contact us via EBS Care or in writing, as detailed above in our terms and conditions.

Additionally we may send you text alerts (SMS messages) regarding your booking. These can be cancelled online within your EBS account area. EBS recommends that you allow us to send you SMS updates as these messages are often important messages that require your immediate attention or action.

General disclaimers

EBS makes every attempt to ensure that the information supplied on this website and our booking site is up to date, but cannot guarantee the accuracy of information or the availability of our courses. These booking terms & conditions should be referred to in the context of this website’s general terms & conditions.

Filming and photography

Throughout the year, the EBS will often shoot promotional videos and photographs at any of our EBS Schools. Please be aware that photographic shoots and/or filming may be in progress during your course, and ensure that you are aware of the positioning of cameras at all times. We do not accept responsibility if, contrary to your wishes, you appear in any promotional videos or in photographs.

Changes to this policy

Any changes to this Policy will be posted on our website(s) and/or made available on request.

Last updated

These booking terms & conditions were last updated on September 23, 2021.

European Bartender School  – BUY NOW PAY LATER – Terms

These terms of use constitute an agreement between you and European Bartender School Limited 107518 trading as EBS-European Bartender School Limited (we, our, or us) (and any person who acquires a Payment Plan from us).

Our Buy Now Pay Later option allows you to purchase goods or services over a period of time by repaying us in equal instalments (Payment Plan). By entering into a Payment Plan, you agree to be bound by these Terms of Use. You should also read our Privacy Policy which forms a part of this agreement.

Summary of how this payment plan works

• You can choose to pay for your purchase in 6,12 or 18 equal payments
• The set up fee for the payment plan is 39 GBP
• There is a monthly admin fee attached to the payment plan you choose and these are:
  ▪ 6   Months 30 GBP per month
  ▪ 12 Months 35 GBP per month
  ▪ 18 Months 39 GBP per month

• Starting 02/03/2023:
• The set-up fee for the payment plan is 0 GBP
• There is a monthly admin fee attached to the payment plan you choose and these are:
  ▪ 6   Months 18 GBP per month
  ▪ 12 Months 22 GBP per month
  ▪ 18 Months 27 GBP per month

• You will pay the first instalment upfront including the startup fee and the first admin fee, and the remaining payments will be due every fortnight from the date of the first payment.
• You can pay your payments before the due dates, otherwise we will automatically take payments from your nominated debit or credit card on the due dates.
• If an automatic payment fails on the due date, we will charge you a late fee of 10 GBP. You can be charged up to 4 late fees which total €40.Per instalment
• If an automatic payment fails, we will attempt to take that payment 4 days later. If that second payment attempt fails, we will add the payment due, including any late fees, to the next scheduled payment.

1. Eligibility for a payment plan

To be eligible to enter into a Payment Plan, you must:

• Be an individual who is at least 18 years old;
• Be capable of entering into a legally binding contract;
• Have a valid email address and phone number;
• Have a valid debit or credit card; and
• Have a score over EBS limit, based on your bank account information provided to us through our open-banking third partner Nordigen Ltd

In opening and entering into a Payment Plan, you agree to: Provide accurate and complete information about yourself as prompted by our website;

• Agree to let our third hand partner Nordigen access your bank accounts information such as  account details, account features and benefits,account transactions and regular payments, account statements, contact and party details.
• Agree to our bookings terms and conditions
• Maintain and promptly update such information to keep it accurate and complete;
• Not allow others to access your payment plan online; or give anyone else your account login information; and
• Fully cooperate with us in investigating any improper access online to your

Payment Plan

If you provide any inaccurate or incomplete information, or we have reasonable grounds to suspect that this is the case, we have the right to suspend or terminate your Account and refuse future use of Payment Plans. We may decline to open your Account or enter into a Payment Plan if you are not approved by us. Examples of when this could happen are:

• We are not able to identify you to our satisfaction.
• You have outstanding payments or late payment fees(s) due on any payment plan, attached to your Account, or we suspect or are aware that you have breached or violated your agreement under another payment plan attached to your Account;
• We are not satisfied with your ability to make payments; or
• We reasonably consider it necessary to limit the risk of money laundering or terrorism financing, fraud or any other breach of law.

You are responsible for maintaining and protecting the confidentiality of your login details, which consists of your e-mail address and password. We are not responsible for any unauthorised access and use of your Account unless we have failed to take reasonable steps to prevent such access or use.

2. Payment plans

If we enter into a Payment Plan with you, you will pay us the purchase price in 6,12 or 18 equal payments. You will pay the first payment on the same day as the purchase, and pay the subsequent payments on the same day every month thereafter.

Automatic payments

You authorise us to process payments and the late payment fee(s) specified below using the payment method details provided by you. You will have the option to select your payment method when you create your Account and enter into the Payment Plan. You must provide us with details of your nominated debit or credit card when selecting your payment method.

You are responsible for ensuring that you have sufficient funds in your nominated debit or credit card. If we are unable to process a payment for any reason, including but not limited to, your nominated card being expired or cancelled or there being insufficient funds in the account associated with your nominated card, you are liable for the late payment fee(s) specified below and any fees and charges imposed by your nominated card issuer. Where we are unable to process a payment because of an error or failure in our systems, you will not be liable for the late payment fee(s) specified below.

You acknowledge that:

• We may, in our absolute discretion, engage a third party payment processing service to process the payments;
• Your financial institution may, in its absolute discretion, at any time by notice in writing to you, terminate the payment arrangement as to future payment;
• You authorise us to provide the payment provider with your personal information (including the account details you have provided us, or any payment authority you complete and sign) for the purposes of processing the payments;
• You may cancel your arrangement with the new payment provider upon being notified of the change, but you must make alternative payment arrangements with us to effect payment, as agreed in writing by us; and
• If at any time you believe that a direct debit (or credit) against your nominated account (or credit card) is inappropriate or incorrect it is your responsibility to notify us as soon as possible.

Late payments

If you fail to make any payment in relation to a Payment Plan, you must pay us a €10 late payment fee for each late payment. The late payment fee will be applied the day the payment failed. We will attempt to take any failed payments on the day that is 4 days after the date they were due if still unpaid.

If you fail to make a payment for a third time, we may at our discretion terminate your Account. You consent to us notifying the third administrator, and this may affect your ability to enter into payment plans with other merchants.

We will also ban you from using Payment Plans with us in the future. We will deduct any late payment fees payable from your nominated payment method. Where we terminate your Payment Plan, the full outstanding amount will immediately be due and payable.

If your contract is terminated and you have failed to pay your invoice to EBS:

• EBS reserves the right to cancel and withdraw your EBS certification
• EBS reserves the right to cancel and ban you from EBS Matchstaff

3. Identity checks and payment assessments

You agree to provide us with any information or documentation we reasonably request to verify your identity and assess your ability to make payments. You authorise us or our administrator to make any enquiries, either directly or through third parties, to verify your identity and assess your ability to make payments in relation to all Payment Plans you enter into. All information we or our administrator collects about you, including information to verify your identity and assess your ability to make payments will be collected, used and securely stored in accordance with our Privacy Policy and the Privacy Policy of our third party administrator.

4. Cancellations and refunds

You can ask us to terminate your Account at any time. You remain liable to make your payments and pay the late payment fees(s) above in respect of any Payment Plan you have entered into.

If you terminate a Payment Plan and no refund is payable, the outstanding debt will be immediately due and payable. If we agree that your transaction is to be refunded or credited, you will not have to pay any further payments related to the Payment Plan, and we will refund each payment you have made under the Payment Plan including any late fees you have paid.

If we refuse to refund or credit your transaction despite you seeking a refund or credit, or disputing the purchase, you must pay all amounts due under this agreement without setting off the amount you believe we owe you and without counterclaiming from us, except to the extent that any right of set off you may have cannot be excluded under any law.

5. Indemnity

You agree to indemnify us in respect of any liability incurred by us for any loss, cost, damage, or expense, arising under any theory of liability (including but not limited to tort, statute, equity or contract), we suffer as a result of your negligent or wrongful acts or omissions, or your breach of these terms or any other terms and conditions you agree to prior to using our Payment Plan but only in the proportion that represents the extent to which the loss, cost, damage or expense was caused by your negligent or wrongful acts or omissions.

6. Limitation of liability

To the maximum extent permitted by law, our liability to you for all claims arising out of or in connection with this agreement shall not exceed the total value of your purchase, regardless of whether the liability arises under any breach of contract, tort (including negligence), or any other cause of action. This limitation does not apply to your rights under law, including the Gibraltar Consumer Law. Neither party is liable to the other for any consequential or indirect loss including, but not limited to, loss of profit, loss of accrued employment rights, lost opportunity cost, loss of enjoyment.

7. No resale of the payment plan

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Payment Plan (including your Account), use of the Payment Plan, or access to the Payment Plan.

8. Termination

This agreement will continue until terminated in accordance with this clause. You can terminate this agreement by paying all outstanding amounts due under all Payment Plans with us. You agree that we may, under certain circumstances and without prior notice, immediately terminate this agreement and the provision of our Payment Plans. Cause for such termination shall include, but not be limited to:

We reasonably suspect or aware that you have breached or violated this agreement or other incorporated agreements or guidelines or we reasonably consider Account activity to be suspicious;

• Requests by law enforcement or other government agencies;
• Discontinuance or material modification to our Payment Plan (or any part thereof);
• Unexpected technical or security issues or problems; and
• Extended periods of inactivity.

Termination of your agreement includes:

• Terminating all current Payment Plans and requiring immediate payment of all outstanding amounts; and
• Barring further use of a Payment Plan.

Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third-party for any termination of your Account, any associated email address, or access to our Payment Plan.

9. Disclaimer of warranties

You expressly understand and agree that:

• Your use of the Payment Plan is at your sole risk. The Payment Plan is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability and non-infringement, except we do not disclaim liability to the extent it is caused by our negligent or wrongful act or omission
• No advice or information, whether oral or written, obtained by you from us or through or from the Payment Plan shall create any warranty not expressly stated in this terms of use.
• We make no warranty that:
  1.    The Payment Plan will meet your requirements;
  2.    The Payment Plan will be uninterrupted, timely, secure, or error-free; and
  3.    Any errors in the Payment Plan will be corrected.

10. Notices

We may provide you with notices, including those regarding changes to this agreement, by email.

11. Assignment

We may transfer, or assign, our rights under this agreement without your consent, provided we reasonably believe you will not suffer any material detriment from the transfer or assignment. In doing so, you consent to us giving any information (including documents) about you to the assignee or to anyone who is considering becoming the assignee. We have an arrangement in place whereby our third party administrator may acquire your debt. You cannot transfer, or assign your rights under this agreement without our written consent. We may engage a collections agency to recover any amounts you owe to us.

12. Changes to terms and conditions

We reserve the right to modify, update or otherwise alter the terms of this agreement. We will notify you of any changes to the terms, including any changes to fees and charges, by displaying the updated terms the first time you log into your Account after the change. Any changes will apply to your next Payment Plan, but will not apply to any Payment Plan that has been approved and which you are currently making payments for in accordance with a payment schedule. If you are unhappy with any of the changes, you may terminate your agreement with us immediately by closing your Account.

13. Intellectual property

You acknowledge and agree that this agreement contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorised by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this agreement, in whole or in part.

14. Disputes

The parties must attempt in good faith to resolve any dispute between them in connection with this agreement by negotiation. If any dispute cannot be resolved by negotiation between the parties within 10 days or such further period as the parties agree is appropriate, then within the following 10 days, the parties must seek to agree on the procedural rules and a timetable for resolving the dispute through mediation by a mediator agreed upon by the parties, or if the parties cannot agree, a mediator appointed by the Gibraltar Disputes Centre or anybody which replaces it. Each party will bear their own costs of mediation and pay one half of the mediator’s costs A party may not commence court proceedings or arbitration (other than an urgent interlocutory application) relating to any dispute arising from this agreement unless that party has complied with the preceding requirements. This clause shall survive the termination or expiry of this agreement.

15. General information

Choice of law and Forum – This agreement and the relationship between you and us shall be governed by the laws of Gibraltar without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts of Gibraltar. Waiver and severability of terms – Any failure of ours to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this agreement remain in full force and effect. Statute of limitations – You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this agreement must be filed within one

(1) year after such a claim or cause of action arose or be forever barred. The section titles in this agreement are for convenience only and have no legal or contractual effect.

16. Definitions

In this agreement, “Account” means the account you have opened with us to access and use the Payment Plan.