Enrolment Terms and Conditions
1. DEFINITIONS In
this
document unless expressed or implied to the contrary:
Agreement means this agreement and includes the schedules.
Applicant means the person in schedule 3.
AQTF means the Australian Quality Training Framework.
Claims includes actions, proceedings, suits, courses of action,
arbitrations, verdicts and judgments either at law or
in equity or arising under a statute, debt, dues, demands, claims of
any nature, costs and expenses.
College means the Course provider in schedule 2.
College Staff means all College employees, College subcontractors,
Course presenters and Course administrators.
Course Commencement means the date set out in item 2 of schedule 1.
Course Conclusion means the date set out in item 3 of schedule 1.
Deferred Payment Plan means a deposit and monthly payments as in item
Deposit means the amount in item 6 of schedule 1 Overseas Trip means
the portion of the Course comprising
the international study excursion in clause 6.
Student means a person enrolled in the Course and includes, after
acceptance of their application by the College,
the Applicant.
Transferred Deposit means a Deposit transferred pursuant to clause
3.1.2.1.
2. TERMS AND CONDITIONS OF
ENROLMENT
2.1 No derogation from other rights
This Agreement and the documents expressly referred to in it set out
all of the terms and conditions of the contract
between the Applicant and the College for the provision of the Course.
All terms and conditions implied by any
regulation, course of dealing or law which may be lawfully excluded
from the contract between the Applicant
and the College are excluded.
However, nothing in this Agreement is intended to reduce the rights
under any applicable law or the AQTF which
may not be lawfullyexcluded of either the Student or College.
3. PAYMENTS AND REFUNDS
3.1 DEPOSIT
The Applicant must complete the Agreement and pay the Deposit to the College before the Applicant can be enrolled
as a student in the Course.
3.1.1 Refund
3.1.1.1 The Applicant will be entitled to a refund of the Deposit if the Applicant provides written notice to the College
at least 10 weeks prior to Course
Commencement.
3.1.1.2 Despite 3.1.1.1 the College may, at it's absolute discretion, retain a $100 cancellation/administration fee from
the Deposit.
3.1.2 Transfer of Deposit
3.1.2.1 A Student may request the transfer and the College may, at its absolute discretion, agree to transfer their
Deposit to another course provided by the College
(the Transferred Deposit).
3.1.2.2 A Transferred Deposit is totally non-refundable in the event of a second
cancellation.
3.2 COURSE FEES
Each Applicant accepted by the College as a student must pay the Course Fee to the College either:
3.2.1 Prior to Course Commencement; or 3.2.2 in accordance with a Deferred Payment Plan.
3.3 REFUNDS
3.3.1 Student Withdrawal
The Course Fee is non-refundable unless the Student provides written notice (Withdrawal Notice) to the College:
3.3.1.1 at least 10 weeks prior to Course Commencement, in which case the College will refund the Course Fee less
$200 cancellation/administration fee; or
3.3.1.2 After the Course Commencement, but at least 10 weeks prior to finally withdrawing from the course
(Notice Period), in which case the College will refund the portion of the Course Fee paid after the Notice Period.
Any refunds required in accordance with clause 3.3.1.1 or 3.3.1.2 will be made by the College to the Student
within four (4) weeks of receipt of the Withdrawal Notice.
3.3.2 Course Cancellation or Postponement
The College will refund the Course Fee if:
3.3.2.1 The Course is cancelled by the College; or 3
3.2.2 Course Commencement is postponed by the College for more than 4 weeks unless alternative arrangements
are agreed between College and the Student.
3.3.3 Termination for breach of College Rules The Course Fee is entirely non-refundable if the College terminates
the Student's enrolment in the course in accordance with clause 6.2.
4. SELECTION CRITERIA
4.1 Maximum Student Numbers
The maximum number of students in the Course may be capped at the discretion of the College (Maximum Enrolments).
The College may refuse any application for enrolment in a course where the Maximum Enrolments have been received
by the College.
4.2 Language and Numeracy
All Students must demonstrate to the satisfaction of the College:
4.2.1 Proficient written and spoken English language skills; and
4.2.2 Acceptable numeracy skills.
4.3 Recognition of prior learning and credit transfer
4.3.1 The College may, at its absolute discretion, recognise a student's prior learning and/or credit transfer in
accordance with the AQTF.
4.3.2 Students seeking Course credit for prior learning must provide documentation to the College evidencing
relevant prior learning. These documents must be verified by the College with the prior learning provider before
the College grants recognition for prior learning or credit transfer.
5. COLLEGE RULES
5.1 College Policy
Current College Policies are available at www.tourismcollege.com.au
The Student accepts and agrees to abide by the policies of the College as amended from time to time.
5.2 Student Conduct
All Students must conduct themselves in a manner which, in the reasonable opinion of the College, does not interfere,
disrupt or offend other Students, College Staff or members of the public.
5.3 Attendance
5.3.1 Course lectures will only be scheduled between 10 am and 4 pm on Mondays to Thursdays, excluding
public holidays.
5.3.2 Each Student must provide a medical certificate to the College each time they are absent for two (2) or
more days from the Course.
5.4 Assessment Course assessment may consist of workplace observation, assignments, practical assignments,
projects, or examination. Students may refer to notes and handouts in all assessment tasks except geography maps
assessments.
5.5 Students may refer to notes and handouts in all assessment tasks except geography maps assessments.
6. CONSEQUENCE OF BREACH OF COLLEGE RULES
If the Student breaches any of the College Rules in clause 5 the College may at its discretion:
6.1 suspend the Student from the Course for a period determined by the College; or
6.2 terminate the Student's enrolment in the Course.
If the Student's enrolment is terminated in accordance with this clause 6 the Student will not be entitled to any
refund of the Course Fee.
7. OVERSEAS TRIP
The College will, at its absolute discretion, decide the timing and location of an overseas trip available to students
during the Course (Overseas Trip).
7.1 College to offer overseas trip
The College will provide to each Student that has complied with the student's responsibilities under clause 7.2 with:
7.1.1 airline tickets;
7.1.2 transfers; and
7.1.3 shared hotel accommodation, for the Overseas Trip.
7.2 Student Eligibility for the Overseas Trip
7.2.1 A Student intending to participate in the Overseas Trip must provide evidence to the reasonable satisfaction
of the College that the Student has the medical and travel insurance that is, in the reasonable opinion of the College,
necessary for the Overseas Trip;
7.2.2 all visas necessary to:
7.2.2.1 enter every country included in the Overseas Trip; and
7.2.2.2 return to Australia at the conclusion of the Overseas Trip,
7.2.3 a passport that expires more than six (6) months after the Course Conclusion.
7.3 Student responsibility Each Student participating on the Overseas Trip is responsible for the costs of:
7.3.1 the Student complying with clause 7.2;
7.3.2 any government or airline taxes; and
7.3.3 personal expenses, incurred as a result of the Overseas Trip.
7.4 Students who elect not to take the Overseas Trip will be given an alternate assignment to complete.
7.4.1 No refund applies as the Overseas Trip is simply a study module within the syllabus.
8. RISK AND LIABILITY
8.1 Indemnity
The Student indemnifies the College against all Claims made in connection with the Overseas Trip, except where
such Claims arise as a result of a negligent or wilful act, omission or otherwise, or an act or omission that is
intended to cause damage or loss by the College or the College Staff.
8.2 Release
To the full extent permitted by law the Student releases and discharges the College from:
8.2.1 all claims and demands on the College; and
8.2.2 any loss or damage whatsoever and whenever caused to the College or the College Staff whether by
way of death or injury to any person of any nature or kind, accident or damage to property, delay, financial
loss or otherwise, arising directly or indirectly from or incidental to the Overseas Trip.
9. NO ASSIGNMENT
A Student must not sell, transfer, delegate, assign, licence any right under this Agreement to any person
(Proposed Assignee) or permit a Proposed Assignee to assume any obligation under this Agreement
without the prior written consent of the College.
10. SEVERANCE
10.1 Read Down Provision
If a provision in this Agreement is held to be illegal, invalid, void, voidable orunenforceable, that provision
must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable.
10.2 Sever Provision
If it is not possible to read down a provision as required in this clause 10, that provision is severable without
affecting the validity or enforceability of the remaining part of that provision or the other provisions in
this Agreement.
11. GOVERNING LAW AND JURISDICTION
This Agreement is governed by and is to be construed in accordance with the laws of Victoria.
Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria and
waives any right to object to proceedings being brought in those courts.