“Acceptance Form” means the form sent from Kaplan to the Student which the Student uses to confirm their acceptance of the Offer; “Accommodation Fees” means fees paid by the Student to Kaplan for the provision of accommodation during the period of the Course; “Airport Transfer Service” means a method of transport arranged by Kaplan to transport the Student between the local airport and their accommodation; “Application” means a formal request from the Student to Kaplan to study on a Course at a College; “Authorised Credit Card Transaction” means payments made by the Student with the documented agreement of the credit card holder; “CAS” means a Confirmation of Acceptance for Study; “College” means the institute where the Course shall be taught; “Confirmed Term” means the term following the Current Term; “Course” means an English language, academic or other course provided by Kaplan; “Current Term” means the present stage of the Course; “Deposit” means a sum specified in the Offer Letter, payable by the Student towards their Tuition Fees to secure a place on the Course; “Distance Contract” means a “distance contract” or an “off-premises contract” as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (as amended from time to time); “Financial Guarantee” means a formal written confirmation from a Sponsor that they will be responsible for part or full payment of any of a Student’s Accommodation, Tuition and/or Other Fees; “GBP” means Great Britain pounds; “Kaplan” means the relevant College and legal entity, as set out in Schedule 2; “Kaplan Care Policy” means the approved Kaplan insurance policy as amended from time to time; “Module” means a fixed period of study of a particular subject as determined by the College; “Module Fee” means the full fee expressed to be payable in respect of a particular Module. In the case of Students resitting Modules, Kaplan may, in its sole discretion, offer a more intensive delivery of this Module for such Students. If Kaplan chooses to offer this more intensive delivery model, Kaplan may, in its sole discretion, discount the applicable fee for the relevant Module in this instance; “Offer” means a conditional offer to the Student to study on the relevant Course; “Offer Letter” means the letter sent to the Student by Kaplan offering the Student a place on a Course, including details of the location of the Course and setting out any relevant conditions to the Offer; “Other Fees” means any fees that are not Accommodation Fees or Tuition Fees such as book or Airport Transfer Service fees, details of which are made available to Students prior to entry into a legally binding agreement with Kaplan; “Partner University” means the university or universities associated with the College, as advised by Kaplan; “Student(s)” means the individual attending the Course; “Remaining Term” means any future term a Student is scheduled to complete that is not a Current Term or Confirmed Term; “SELT” means a Secure English Language Test; “Sponsor” means an organisation that is responsible for the payment of any or all of the Accommodation, Tuition and/or Other Fees for a Student as set out in the Financial Guarantee; “Sponsored Student” means the Student who receives financial support from a Sponsor for payment of Accommodation, Tuition and/or Other Fees; “Term” means a fixed period of time, as determined by the College, during which the College holds classes; and “Tuition Fees” means a sum specified in the Offer Letter, payable by the Student to cover tuition, access to College facilities, enrolment procedures and orientation meetings, use of Information Technology facilities, exam sitting and a Kaplan award on successful completion of the Course.
2. Application and Offer
2.1. Once Students have selected a Course, they should complete and sign an application form and send the completed and signed form to the listed Kaplan contact, together with any required documentation detailed in the application form. If the Student is under eighteen years of age, the Student’s parent or legal guardian should complete and sign the application form. Details of Courses, application forms and contact details can be found at the Kaplan International Colleges website.
2.2. Kaplan reserves the right to accept or reject any Application.
2.3. If Kaplan accepts an Application, the Student will receive an Offer contained in an Offer Letter and an Acceptance Form. To accept the Offer, the Student must complete and sign the Acceptance Form and either pay the Deposit or submit a Financial Guarantee. On Kaplan’s receipt of the completed and signed Acceptance Form and Deposit or Financial Guarantee, a legally binding contract will come into existence between the Student and Kaplan, which remains conditional on the Student meeting all conditions in the Offer Letter and the Student meeting all immigration requirements.
2.4. Details of immigration responsibilities can be found on the UK Visas and Immigration website. A Student is responsible for ensuring he or she fully complies with the immigration laws of the United Kingdom when entering the UK for a course of study.
3.1. Payment terms
3.1.1. Students shall pay the Tuition Fees in full for the first two Terms at the start of the first Term. Any Deposit paid by the Student shall be deducted from the Tuition Fees payable at the start of the first Term.
3.1.2. Students attending a Course for more than two Terms shall pay for subsequent Terms in accordance with this clause. After payment of the first two Terms is made in accordance with clause 3.1.1 above, payment for a later Term shall be made at the beginning of the previous Term. For example: Tuition Fees for a third Term will be due at the start of the second Term. Tuition Fees for a fourth Term will be due at the beginning of the third Term.
3.1.3. Sponsored Students must submit the Financial Guarantee from their Sponsor before commencing the Course.
3.1.4. Kaplan reserves the right to vary its Tuition Fees from time to time. Payment of each Term’s Tuition Fees shall be subject to any increase that may be announced during the Course.
3.2. Payments before arrival
3.2.1. Students shall pay the Tuition Fees for the first two Terms in advance of arriving at the College or on the day of enrolment. Such payments shall be made by bank transfer, bank draft or Authorised Credit Card Transaction only.
3.3. Payments after arrival
3.3.1. After the arrival at the College, Students may pay any remaining Tuition Fees by bank transfer, GBP cheque, credit or debit card. Credit or debit card payments shall be subject to the cardholder presenting photographic identification.
3.3.2. Any credit card payment over GBP500 shall be subject to a GBP50 banking charge on American Express payments, and a GBP30 banking charge on all other credit cards. Any credit card payment under GBP500 shall not incur any banking charges.
3.4. Outstanding fees
3.4.1. Students shall not be permitted to commence or continue a Course at the start of any Term if any Accommodation, Tuition or Other Fees are outstanding. Kaplan reserves the right to suspend or cancel the Student’s participation on the Course and to charge interest at 3% above the base rate of Barclays Bank plc per month or part thereof on the outstanding balance until such balance is paid in full. Kaplan further reserves the right to withhold any academic results or certificates if any Accommodation, Tuition or Other Fees are outstanding at the end of the Course.
3.4.2. When outstanding Accommodation Fees and Tuition Fees are being paid by the Student and the balance is over GBP500, then the College shall not split payments into amounts less than GBP500 to avoid the charges set out in section 3.3.2.
3.5 Other Relevant Terms
3.5.1. If it becomes necessary for the Student to repeat a Module, the Student shall pay a Module Fee. The cost of a repeat module is £1,800 per module for any Foundation, International Year One, or Preparatory or Pre-sessional English courses, and Graduate Diploma repeat module fees are £2,450 per module. A maximum of 2 repeat modules from a single term may be sat. If a student needs to repeat more than two modules from a term, the whole term must be repeated. The college has discretion to reduce the cost of repeat modules.
3.5.2. Any scholarship or bursary payment provided to the Student as a reduction on the Tuition Fees by Kaplan shall be discounted from any fees payable for the final Term of the Course.
3.5.3. Whilst Kaplan shall provide the Student with learning material throughout the Course, Students shall be responsible for purchasing additional material to support their studying experience. Such material shall be made available to the Student at the start of each Term on commencement or continuation of the Course.
3.5.4. Students are obliged to maintain adequate accident, medical and travel insurance for the duration of the Course. Students may either purchase the KaplanCare Policy, details of which can be found at www.kic.org.uk or from Kaplan, or provide proof of adequate cover upon acceptance of the Offer.
3.6. Banking Charges
3.6.1. Students are responsible for covering any applicable bank charges when making payments to Kaplan. Should the Student fail to pay any applicable bank charges, all such amounts shall be deducted from the Student’s Deposit.
4. Refunds and Course withdrawal
4.1. Refunds before arrival
4.1.1. If the legally binding contract formed with the Student in accordance with paragraph 2.3 of these terms and conditions is deemed to be a Distance Contract, the Student shall have the right to cancel the contract if the Student gives notice of cancellation to Kaplan within the fourteen calendar day period beginning on the day following the day on which Kaplan received the Student’s Acceptance Form and Deposit or Financial Guarantee. If a Student exercises his or her right to cancel during this fourteen day period, he or she will receive a full refund of all amounts already paid by the Student less the cost of any services already performed by Kaplan before the end of the fourteen day period. A cancellation form is attached in Schedule 1 to these terms and conditions.
4.1.2. Except as set out in clause 4.1.1, Tuition Fee Deposits are non-refundable unless the Student is unable to meet UK visa entry requirements. Students must provide an official rejection letter from the UK immigration authorities to Kaplan to obtain a refund. However, if the visa refusal letter refers to fraudulent documents being submitted as part of the visa application, Kaplan reserves the right to refuse a refund of the Tuition Fee Deposit.
4.1.3. All requests for refunds due to visa refusal must be submitted in writing to the Kaplan admissions office together with a copy of the Student’s passport and the visa refusal letter. Requests for refunds will normally be processed within 40 working days of receipt. Where the payer was not the Student, a letter from the Student authorising the repayment to the payer must also be provided.
4.1.4. Subject to clause 4.1.5, refunds shall be processed in GBP to the originating bank account that the Student or the person paying on the Student’s behalf used to make his or her original payment to Kaplan.
4.1.5. If the refund amount is GBP2000 or less and the Student holds a UK bank account, then provided the Student is present at the College at the time of refund, Kaplan shall process such refund to the Student’s UK bank account.
4.2. Refunds after arrival
4.2.1. Once the Student has commenced the Course, Accommodation Fees and Tuition Fees are all non- refundable, except where:
126.96.36.199. The Student transfers to another recognised UK institution in which case Kaplan shall refund any Accommodation Fees and/or Tuition Fees paid for any Remaining Terms upon the Student’s provision of documents evidencing an offer for a full time course of study; or
188.8.131.52. The Student returns to their home country due to extenuating circumstances as authorised at the College’s discretion. Kaplan shall refund any Accommodation Fees and/or Tuition Fees for any Remaining Terms on receipt of a copy of the Student’s passport proving return to the Student’s home country.
4.2.2. Refunds relating to Accommodation Fees, Tuition Fees or Other Fees paid in relation to any one or more Remaining Terms that are not subject to the provisions of section 4.2.1 shall be considered at the College’s discretion. The Student shall submit a written request for such a refund to the College within three calendar months from their date of leaving the College. Any requests received at a later date shall not be considered.
4.3. Preparatory English for Graduate Diploma or Pre-Masters Courses
Students who are not successful in passing Courses in Preparatory English for the Graduate Diploma or Pre-Masters courses shall be entitled to a conditional refund of Accommodation Fees and Tuition Fees for any sums paid for study of the Graduate Diploma or Pre-Masters courses. Such refund is conditional upon the Student completing the full length of the Preparatory English course and having attempted and been unsuccessful in obtaining the requisite SELT grades to progress on to the Graduate Diploma or Pre-Masters course.
4.4. Current and Confirmed Terms
For the avoidance of doubt, there shall be no circumstances in which a Student shall be eligible for any refund or part refund of Accommodation Fees, Tuition Fees or Other Fees relating to a Current Term or Confirmed Term other than set out in clause 4.1.1.
4.5. Banking charges
Students are responsible for covering any applicable bank charges when receiving refunds from Kaplan. Should the Student fail to pay any applicable bank charges, all such amounts shall be deducted from the amounts due to the Student.
5. Course withdrawal
5.1. In the event that the Student withdraws from the Course, the Student shall notify the College Director in writing. Notice of withdrawal becomes effective once Kaplan receives a copy of the notice from the College Director.
5.2. In the event that the Student withdraws from the Course, Students are no longer eligible to receive a Kaplan certificate of completion.
5.3. Kaplan shall notify the UK Home Office and British Embassy or High Commission in the Student’s home country in the event that the Student withdraws or transfers from the Course.
6.1. Once the Student has accepted the Offer, the Student may request to defer the start of the Course. The Student should send such a request in writing to Kaplan no later than four (4) weeks prior to the Course start date, setting out the reasons for deferral. Kaplan reserves the right to consider each request on a discretionary basis.
6.2. Students may only request a deferral twice. Should a Student request deferral on more than two occasions, Kaplan reserves the right to forfeit the Student’s Deposit or enforce the Financial Guarantee.
6.3. Should the Student’s deferral be authorised, the Student may be subject to increased, Accommodation Fees, Tuition Fees or Other Fees. Such fees shall be the fees that are notified to the Student as being the Fees which apply to the period in which the Student actually undertakes his or her Course.
7.1. Students shall book accommodation using the booking forms provided by Kaplan.
7.2. Students shall book accommodation corresponding to the length of the Course. The Student shall not be permitted to change the accommodation length once the tenancy agreement has been signed.
7.3. Students shall comply with the terms of the tenancy agreement including the terms of any code of conduct or other behaviour policies incorporated into the tenancy agreement or which apply to the accommodation selected by the Student.
7.4. Details of the Accommodation Fees shall be provided to the Student separately before the Student enters into a contract for student accommodation.
8. College procedures
8.1. The Student shall abide by all rules governing the College and the Partner University including but not limited to the behaviour and accommodation policies and standards.
8.2. Attendance and Absence
8.2.1. As a condition of their Tier 4 visa, the Student shall be expected to attend all classes relating to the Course. Consequences of non-attendance can result in disciplinary action up to and including expulsion.
8.2.2. Any classes scheduled to fall on a UK public holiday shall be postponed, and the Student shall not be required to attend classes on such days.
8.2.3. The Student shall not be eligible for authorised absence in observance of non-UK public or religious holidays.
8.2.4. In the event of any period of absence from the Course, the Student shall not be permitted any extension to complete the Course and shall not be eligible for any refund of Accommodation, Tuition or Other Fees for the period of absence.
8.2.5. Any time off taken outside of the set Course vacation breaks shall be noted as periods of absence. Should the Student require time off in extenuating circumstances, the Student shall submit a request in writing to the College. The College shall report any period of absence over ten consecutive days to the UK Home Office.
8.3. Enrolment and Late arrivals
8.3.1. The Student shall arrive at the College on the enrolment date detailed in the Offer Letter.
8.3.2. A Student must have a current passport and valid student visa as set out in the Immigration Policy to complete enrolment. Kaplan will take a copy of the Student’s passport and visa at enrolment as part of the completion of the required enrolment procedures.
8.3.3. Should the Student wish to delay arrival or postpone the enrolment date, the Student may make such a request to Kaplan under clause 6, which shall be considered at Kaplan’s discretion.
8.3.4. Students who arrive after their scheduled enrolment date will be reported to the UK Home Office in accordance with the Immigration Policy.
8.4. Course changes
8.4.1. Other than in extenuating circumstances, and at the absolute discretion of the College, the Student shall not have the right to change the Course to another programme of study after enrolment.
8.4.2. Kaplan and/or the College reserves the right to change Course start dates, Course content and/or Accommodation Fees, Tuition Fees or Other Fees at any time due to errors, omissions and/or circumstances beyond Kaplan’s reasonable control.
8.4.3. Kaplan and/or the College reserve the right to cancel a Course due to insufficient demand.
8.4.4. In the event of a material change under 8.4.2 or 8.4.3 taking place, the Student may request a Deferral or be eligible for a refund of any Accommodation Fees, Tuition Fees or Other Fees paid to Kaplan.
8.5. Academic Progression
8.5.1. The Student shall be required to meet all academic, attendance and English language proficiency requirements set by Kaplan and the College in order to progress within the Course. Details of these requirements are set out in the Offer Letter.
8.5.2. The Student shall only be eligible to sit final examinations upon successful completion of each Module.
8.5.3. Those Students who do not meet the academic, attendance and English language proficiency requirements for progression may be removed from the Course without eligibility for a refund or, at Kaplan’s discretion, may be offered a place on another Course.
8.5.4. In the event that the Student is due to progress to a Partner University following successful completion of the Course, a failure by the Student to meet the academic, attendance and English language proficiency requirements shall render the Student’s eligibility to progress invalid.
8.5.5. If the Student successfully graduates from the College and completes enrolment on a course at the Partner University, these terms and conditions will cease to apply to the Student, and the Student will be subject to the Partner University’s terms and conditions and policies.
8.5.6. The relevant Partner University will carry out a tuition fee assessment for the fees which will be applicable to the Student after they progress to the University. The outcome of any final assessment of the applicable University tuition fees may differ for any initial assessment due to changes in a Student’s circumstances or changes in the evidence provided by the Student in support of the University fees assessment.
8.6. Under age Students
8.6.1. Students aged sixteen or seventeen years on the date of College enrolment are required to live in Kaplan approved accommodation or with a parent or legal guardian, provide custodianship documents and book Kaplan’s Airport Transfer Service.
8.6.2. The College shall provide additional information to the parents or legal guardians of the Student detailing how the College accommodates under age Students. The parent or legal guardian shall sign and return such form to the College as acknowledgement of receipt.
8.7. Health declaration
8.7.1. Students must disclose on their Application any mental or physical illness, allergy, disability or condition that may affect their ability to successfully complete their programme, impact the health and wellbeing of other students or staff members, require special accommodation, monitoring, treatment or emergency intervention of any kind during the Course.
8.7.2. Kaplan reserves the right to reject an Application or terminate the Student’s enrolment in the programme if the Student’s continued participation represents a risk to their health and safety or to the health and safety of others, or if, notwithstanding reasonable accommodations, in the opinion of the College or Partner University, the Student’s physical or mental condition makes the Student unable or unlikely to complete their programme successfully.
8.8.1. Any Student who commits a criminal or civil offence, provides false qualifications or other fraudulent documentation, violates the Student conduct code or College or Partner University policy, has his or her academic performance fall below the requirements of the UK Home Office or fails to pay an amount that he or she is directly or indirectly liable to pay Kaplan in order to undertake the Course, may be expelled or suspended. No refund will be given and the UK Home Office will be informed of the Student’s expulsion or suspension from College.
9. Limitation of liability
9.1. Subject to section 9.2 below, the liability of Kaplan, each College, their partners, their group companies, and their respective directors, officers, employees, affiliates, agents and partners with respect to losses, damages, injuries, illnesses or violations or otherwise is limited in all circumstances to the full amount paid to Kaplan by the Student for the particular Course. Kaplan shall in no circumstances have any liability for indirect or consequential losses or damages.
9.2. Nothing in this agreement shall limit Kaplan’s or the College’s liability in respect of fraud, death or personal injury resulting from Kaplan’s or College’s negligence, or any other matter where liability cannot be excluded or restricted by law
10. Force Majeure
It is a basic stipulation of this agreement between the Student and Kaplan, each College, their affiliates or their representatives, that Kaplan is not liable in cases where Kaplan is unable to fulfil any services because of fire, natural disaster, act of government, failure of suppliers or subcontractors, labour disputes or other reasons which are beyond their reasonable control.
11. Data protection
12. Governing law and Jurisdiction
All arrangements and any disputes or claims arising out of or in connection with such arrangements or their subject matter or formation (including non-contractual disputes or claims) between the Student and Kaplan, where the College is situated in England and Wales, shall be governed by, and construed in accordance with, the laws of England and Wales, and be subject to the exclusive jurisdiction of the courts of England and Wales.
All arrangements and any dispute or claim arising out of or in connection with such arrangements or their subject matter or formation (including non-contractual disputes or claims) between the Student and a College situated in Scotland , shall be governed by, and construed in accordance with Scots law and be subject to the exclusive jurisdiction of the courts of Scotland.
Kaplan reserves the right to amend these terms and conditions from time to time, without providing notice to the Student. Any amendments shall be posted on the Kaplan website at http://www.kic.org.uk/pathways/terms-and-conditions/.
14. Statement of Compliance
Kaplan is committed to ensuring compliance with all anti-discrimination, health and safety and all other applicable legislation in their global operations, and for the purposes of these terms and conditions, specifically in their UK operations.Please download Schedule 1 and 2 (183 KB).