| 1. |
Interpretation |
| 1.1 |
In this document, the following words shall have the following meanings:
‘you’ and ‘your‘ means the teacher/worker who applies for a placement through us. Where the teacher is under 18 years of age at the time of applying for a placement, the Application Form must be signed by both the teacher and their parent or legal guardian who are together referred to as ‘you‘ in these conditions.
‘we‘, ‘us‘, ‘our‘ and `TE' means 'The Thailand Experience' and LanguageCorps Inc, of 53 Whispering Way Stow, MA 01775 USA. ‘Placement‘ means the voluntary work or paid work at the school, institution, Organisation or conservation project where you will be teaching or working overseas and in which you are placed, and ‘Organisation’ means this school, institution, Organisation or conservation project and includes the directors, managers, employees, representatives and all other people within their control at the Organisation. Please also see condition 2.3. ‘Coordinator(s)’ means the person(s) who, in the placement country, organises placements. ‘Conditions’ means these terms and conditions. |
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| 2. |
What These Conditions Cover |
| 2.1 |
These conditions apply to all applications and bookings made by you for a placement. |
| 2.2 |
Please read this document carefully as these conditions are provided for your protection as well as ours. These conditions set out the basis on which a placement will be arranged for you and the mutual obligations of you, your Coordinator and TE. By submitting the online Application Form for teaching placements and TEFL courses you agree to be bound by these conditions. If you are uncertain as to your rights under these conditions, or you would like an explanation of any part of them, please contact us. You can also obtain your own legal advice on them, should you wish to do so.
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| 2.3 |
Please note that a combination of two or more placements is considered to be one ‘placement‘ and is treated as such in these conditions. Reference to ‘placement’ in these conditions means and includes all placements, which form part of the booking. This means, for example, that cancellation of one placement from a combination of two or more placements is treated as a part cancellation of the entire booking (see condition 14) and not an amendment. |
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| 3. |
The Service We Provide |
| 3.1 |
The services which we provide to you, and for which you have to pay, is an introduction and arrangement service where we match your requirements for a placement with the existing teacher placements of which Coordinators or various Organisations have notified us. Because these Coordinators or Organisations are in charge of the placements, we do not have any control over which placements are actually available, what their requirements of the teachers at the placements may be, and whether they will wish to accept you as a teacher. |
| 3.2 |
We may also arrange, as your agent, for you to receive from a suitable training Organisation any necessary training that you request from us which is relevant to or necessary for your placement, including Teaching English as a Foreign Language (“TEFL”) training which is compulsory if you are going on a teaching or community development work placement. Your contract in respect of any such training may be with the training Organisation. |
| 3.3 |
You may re-arrange any training session but must let us know at least 4 weeks in advance, and we reserve the right to charge a GBP100 re-arrangement fee to cover our costs and those of the training Organisation. |
| 3.4 |
Please note that our services and responsibilities are limited to those set out in condition (3.1) or otherwise expressly undertaken by us. As set out in condition (4.1), your contract in relation to the placement itself together with ancillary services and arrangements (such as any included accommodation) is with your Coordinator who is responsible for the same. TE International, its directors, employees and agents have no liability for or in respect of your particular placement and/or the acts and/or omissions of your Coordinator (or any person(s) or Organisation(s) employed or used by the Coordinator in any respect) and/or for the Organisation responsible for your placement. |
| 3.5 |
Your use of our service is at your own risk. NEITHER 'TE', NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE ON THE SERVICE AND THE SITES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE AND THE SITES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST 'TE', AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE THEREON. |
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| 4. |
Your Co-ordinator |
| 4.1
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Details of your in-country Coordinator and Organisation are provided with your Acceptance Letter. It is your Organisation who arranges particular placements and places individual teachers in those placements. We have no control over the arrangement of particular placements. It is your Coordinator who is responsible for and with whom you will have a contract in respect of your placement and ancillary services and arrangements (such as any included accommodation). |
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| 5. |
Placement and Location |
| 5.1 |
It is a condition of your booking that you are prepared to be flexible in relation to your placement, employment contract and the location within the country of your choice. Whilst we/your Coordinator will try to place you in the placement requested on your Application Form, where it is not available for whatever reason or we/your Coordinator/the Organisation responsible for the placement decides after receiving your personal details that it does not want to have you as its teacher at that placement, we/your Coordinator reserve the right find an alternative placement in Thailand at no extra charge and to change the location of your placement in consultation with you. If an alternative placement in Thailand cannot be offered, we will refund any monies you have paid us less the cost of any training you have received, and your deposit to cover our costs in processing your application and trying to find you a suitable alternative. The maximum refund we could offer after deducting your training, accommodation, placement, school fees, insurance and all other related program package costs that we have incurred is GBP684.00 |
| 5.2 |
In order to process your application for a placement, you may be asked to provide a suitable reference and health check and/or criminal check. You/your doctor may also be asked to provide additional information on your health. We are also entitled to carry out a check on you with the Criminal Records Bureau (or any equivalent body). If in our opinion, or that of your Coordinator, the reference and/or health information and/or criminal check we receive about you or any other information you provide make you unsuitable for your chosen placement, we/your Coordinator are entitled to refuse to proceed further with your application. Where reasonably possible, we may offer you an alternative placement although we are not obliged to do so. Where an alternative placement is not offered or accepted, we will refund any monies you have paid us less the cost of any training you have received, and your deposit to cover our costs in processing your application and trying to find you a placement. |
| 5.3 |
In certain circumstances it may be necessary for your Coordinator to move you from one placement to another within the same country, for example where the Organisation responsible for the placement decides they no longer need you. If this happens, your Coordinator will arrange transportation from your old placement to your new placement and we/your Coordinator will inform you of this change as soon as possible. However, in rare circumstances, it may not be possible to inform you of the new location of your placement until up to 24 hours before your departure from your old placement. |
| 5.4 |
Very occasionally the situation set out in condition 5.3 may arise before you even depart from your country of abode. In such circumstances, in consultation with you, we/your Coordinator will endeavour to find you an alternative placement in the same country. If we/your Coordinator cannot offer you an alternative placement in the same country or you do not wish to accept the alternative offered, we will refund any monies you have paid us less the cost of any training you have received, allowance payments and your deposit to cover our costs in processing your application and trying to find you a placement. |
| 5.5 |
The actual duration of your 6 or 12 month placement may vary due to the unpredictable Thai school holidays. Your placement may finish up to 6 weeks early depending on the time of year. We cannot offer any refunds if your placement duration is shortened for any reason. |
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| 6. |
Accommodation |
| 6.1 |
Details of whether accommodation (if any) is provided as part of each placement are set out on the website or are available from us when you book. |
| 6.2 |
It is your responsibility to organise and pay for your own accommodation for the duration of your teaching placement, (except for volunteer programs) but we/your Coordinator/the Organisation or your employer will assist you in finding suitable accommodation. A sufficient salary will be provided by the employer to cover your rental costs for the duration of the program unless otherwise stated on the website or when you book. You will be responsible for any security deposit that may be required by the landlord. |
| 6.3 |
Any accommodation provided, (such as part of a special volunteer placement) is intended for the use of the teacher only; any visitors you may have during your stay, including family, may not be allowed to use it. |
| 6.4 |
In any placement accommodation provided, (such as part of a special volunteer placement) your sleeping arrangements may be private or shared, and in some cases you will be required to share a bathroom and toilet facilities. |
| 6.5 |
Due to the countries that the placements are located in, it is important for you to realise that bathroom and toilet facilities and standards of hygiene will be in accordance with local standards and will usually be below western standards. These facilities and standards may sometimes be very basic. All facilities will have been inspected by a TE International representative and will meet our required standards. |
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| 7. |
Food |
| 7.1 |
Meals may be provided as part of our special volunteer programs only. Details of any meals which are provided (if any) as part of each placement are set out on the website or are available from us when you book. Where meals are provided, the Organisation responsible for your placement should give you at least two meals a day throughout your placement, which should be of a suitable quality or quantity by local standards. In some cases you may want to supplement the meals provided with food that you buy yourself, particularly if you prefer a western diet, and may want to organise some extra finances to cover this. |
| 7.2 |
Where meals are provided for you as part of your placement, we/your Coordinator will inform the Organisation responsible for your placement of any special dietary requirements that you let us know about. We/your Coordinator cannot, however, guarantee that any such requirements can/will be met. |
| 7.3 |
For special volunteer programs, accommodation and food (if included) may be provided at TE designated locations only. We/your Coordinator will not be responsible for accommodation and/or food costs at any other location (or at all where food is not included). |
| 7.4 |
If you choose to spend time away from any accommodation provided, such as on an overnight trip you organise yourself, you do so at your own cost, and we/your Coordinator cannot give you a refund for accommodation costs during the time spent away. |
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| 8. |
Travel |
| 8.1 |
You are responsible for arranging and paying for your own travel (including your air fare) to the airport closest to your placement, and for your return journey at the end of your placement. In most cases we would encourage you to book your flights and inform us as soon as possible. However, for placements where we need to make particular checks on teacher suitability, we recommend that you wait until we confirm your placement before booking your flights. Confirmation will be sent after we have received, and considered all the information requested on your application form, and received all due payments. We will make it clear which case applies to you. |
| 8.2 |
We/your Coordinator cannot meet, reimburse or otherwise be responsible for any flight, travel or other costs or expenses of any nature (including, for example, any charges made by airlines etc for cancelling, changing or transferring flights or other arrangements) which are incurred or arise as a result of your placement not proceeding or being cancelled, curtailed, withdrawn or changed due to circumstances outside our control/the control of your Coordinator (including those referred to in clause 5.2) |
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| 9. |
Expenses |
| 9.1 |
You are responsible for all of your personal expenses during your placement, which includes the cost of transport from your accommodation to your placement on a daily basis and between placements. We can obtain details of likely costs from your Coordinator for you if you ask us to do so before you travel. |
| 9.2 |
Some Organisations responsible for placements may chose to offer you a small allowance or payment. However this is entirely at their discretion and is not something over which we have any control. As a teacher, you agree that you will not request any payment from the Organisation responsible for your placement. In the event that you are given any payment, you are responsible for paying any local taxes and making sure that you comply with any relevant local laws and comply with the terms of your visa. If you breach the terms of your visa by doing paid work which is not permitted, your placement could be cut short and you could be ejected from the country or even risk a fine or imprisonment abroad. Accepting such payments may also affect your insurance cover. For this reason we would recommend strongly against accepting any such payments unless you are sure that your visa covers you. You do so entirely at your own risk. |
| 9.3 |
Any reference to a 'free homeward flight' or “cash bonus”, relates to the reward policy of the specific school which employs you. Some schools offer to purchase a one-way "return" airfare (maximum value $300 USD) to fulfil their reward policy, others simply allocate a cash sum to be used at the discretion of the teacher. This may be subject to your performance/attendance throughout your employment term and may be changed or withdrawn at any time by your host school. We/your Coordinator cannot meet, reimburse or otherwise be responsible for any changes to this offer, nor be held liable if the offer is withdrawn without notice. |
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| 10. |
Collection from the Airport |
| 10.1 |
On receipt of your completed Travel Arrangements Form (see 10.4) we/your Coordinator can request for you to be collected by a representative of the Organisation responsible for your placement, from the airport closest to your placement, and taken to your placement. We will not charge you for doing this. |
| 10.2 |
Where we/your Coordinator have requested for you to be collected from the airport, we/your Coordinator cannot absolutely guarantee that the representative will arrive on time (or on very rare occasions at all) as we/your Coordinator are not in control of those representatives and circumstances may occur that are beyond their control due, for example, to the nature of the infrastructure of the country you are visiting, such as vehicles breaking down, problems with transport and roads, extreme weather etc. |
| 10.3 |
If the representative has not arrived to collect you from the airport within four (4) hours of the time you were due to be collected, it is your responsibility to arrange your own transport to your placement, but if you send us copies of receipts and other travel documents, we will arrange for your reasonable travel costs incurred in travelling from the airport to your placement to be refunded. |
| 10.4 |
Some time before the start of your placement, we will send to you correspondence requesting your arrival details (such as flight number and arrival time) which you must reply to no later than 28 days before your intended arrival at your placement, failing which we/your Coordinator will not be responsible for organising your airport collection. |
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| 11 |
Travel Insurance |
| 11.1 |
Exact details of what travel insurance is provided (if any) as part of each placement are set out on the website or are available from us when you book. Where the travel insurance is included in the arrangement fee, there will be no reduction in the placement fee should you choose not to take it. You are responsible for checking the cover provided (including the terms and conditions) and for ensuring it is adequate and appropriate for your particular needs. If it isn’t in any respect, you are responsible for arranging and paying for suitable additional insurance. Please make sure you take the policy details away with you. You are responsible for arranging and paying for your own suitable, additional insurance to cover any additional time you spend abroad before and after your placement (and between placements where you undertake more than one). |
| 11.2 |
If you choose to take out your own insurance cover for the period of your placement, you are responsible for ensuring that the amount and type of cover is sufficient and appropriate for the nature and location of your placement. No reduction in the arrangement fee will be made should you chose to do this. You must provide us with a copy of your certificate of insurance at least 14 days before your arrival in the country of your placement. |
| 11.3 |
If you choose to arrange your own insurance cover, you must ensure your travel insurance covers at least light work; the cost of cancellation of the placement by you; the cost of assistance including repatriation in the event of accident or illness; legal liability and expenses; lost baggage; cancelled flights; medical expenses; kidnapping; liability arising due to personal injury to you or a third party; cancellation of your placement for any other reason including our liquidation or any other reason beyond our control. |
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| 12 |
Visas |
| 12.1 |
We will provide you with a support letter and relevant information to assist you in obtaining a Non Immigrant Business (NIB) visa in your home country to allow you entry into Thailand for business purposes. |
| 12.2 |
Many countries do not have visas specifically for volunteers or work experience participants. Work permits are often very difficult, or virtually impossible, to obtain particularly for the following countries: Australia, Bolivia, Costa Rica, Ecuador, El Salvador, Ghana, Guatemala, Honduras, India, Nepal, South Africa and occasionally Thailand. Many of our candidates choose to enter the country of their placement on a business or tourist visa. Technically you may not be permitted to work in that country with these visas, but it may be the only way that you are allowed into the country to work. Many countries are tolerant of volunteers who are present on tourist or business visas, and to date, none of our volunteers or teachers have encountered any problems in this respect. However, there is no guarantee that the use of certain visas in this way will continue to be tolerated in any particular country. You should be aware that there is a risk that you could have problems with local immigration authorities, particularly if you are offered and accept any form of payment for your activities. If you are not comfortable with this position and are not prepared to accept the associated risks, you should choose a placement in a country where volunteer visas or work permits are readily available. |
| 12.3 |
You are entirely responsible for ensuring that, prior to seeking entry into the country of your placement, you have obtained a visa which you are happy is appropriate for you in the circumstances explained above, and for the costs of obtaining such a visa. |
| 12.4 |
In the event that your placement has to be cancelled or significantly curtailed due to the immigration authorities not accepting your visa as adequate in the circumstances set out above, we will try to find a placement for you in an alternative country without extra charge. However you will not be entitled to any refund of any payments you have made to us, as we have expressly advised you of your responsibility for making an informed decision with regard to your immigration status. If we offer you an alternative placement, you will be responsible for all costs and expenses involved in travelling to it and returning home afterwards. Please also see clause 8.2. If we cannot do so, you will be responsible for all costs and expenses involved in returning home from the original placement. |
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| 13 |
Payments and Booking |
| 13.1 |
Upon receipt of your initial Application Form from the website and your deposit, we will begin to process your application and placement. if you withdraw your application at any stage, we cannot refund your deposit after a period of 7 days from the date of payment. If paying by eZyPay we would keep the initial payment. |
| 13.2 |
We will send you written confirmation of your application and your requested placement. You may also request a financial schedule which sets out the details of the deposit that you have paid us and informs you of the deadline for the balance of the arrangement fee for arranging your desired placement. |
| 13.3 |
We will refund your deposit and any other fees paid to date less the costs of any pre-placement training you have received if we cannot locate a placement for you (subject to the circumstances set out in conditions 5.1, 5.2 and 12.4) |
| 13.4 |
We will inform you of the provisional location of your placement at least 1 month before the date on which you are due to arrive at the placement or as soon as reasonably possible if you apply within 4 months of the proposed arrival date. You must pay the balance of the arrangement fee at least 3 months before your arrival date of your placement, or as soon as reasonably possible if you apply within 2 months of the proposed arrival date. Installment payments cannot be cancelled after the program start date, for any reason except if we are unable to provide you with a placement in Thailand. At least 50% of the program fees must be paid before the program start date. Base rate is GBP and we cannot be held liable for exchange rates. |
| 13.5 |
We will provide you with the final details of your placement not less than 7 days before your arrival at your placement. We/your Coordinator cannot guarantee the absolute accuracy of that information as the Organisation responsible for your placement may very occasionally make changes to these details prior to your arrival without our/your Coordinator’s knowledge. |
| 13.6 |
No fee is required to apply for a place on the Thailand Experience program. Once your application has been accepted, you will have 30 days to secure your placement and begin the monthly installments which must be made by credit/debit card or PayPal only. Monthly fees are charged at at 0% interest. Debit cards are accepted via the secure PayPal system. After you enter your details, payments are made from your card automatically each month, for six months, unless cancelled by you. You only need to enter your details once! Installment payments cannot be cancelled after the program start date, for any reason. At least 50% of the program fees must be paid before the program start date. Base rate is GBP. We only use independent highly secure payment systems (*2co.com & PayPal) so we do not store your credit card details.
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| 13.7 |
The minimum notice we require in order to make an alteration is generally 30 days before the placement start date. Depending on the placement and alteration requested, it may occasionally be longer. Any rearrangement or substantial alteration of a placement requested 30 days or less before the placement start date (where it can be made) will be treated as a cancellation and cancellation charges will apply (see condition 14). |
| 13.8 |
Payments we pass on to your Coordinator and the Organisation responsible for your placement, or to a training Organisation for the cost of any pre-placement training you have requested, are passed on as your agent, and on your behalf. You may not be buying the placement or the training from us. |
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| 14 |
Pre-Departure Cancellation |
| 14.1 |
If you cancel your placement more than 12 weeks prior to the commencement date of your placement, we will keep your deposit to cover the costs we have incurred on your behalf in arranging your placement, plus you must pay to us the costs of any pre-placement training you have already received or were due to have received, but you will not owe us any further fees. |
| 14.2 |
If you cancel your placement less than 12 weeks, but more than 8 weeks of the program start date, we will keep 50% of your program fee to cover the costs we have incurred on your behalf in arranging your placement. |
| 14.3 |
If you cancel less than 8 weeks prior to the commencement date of your placement, you will not be entitled to any refund as we will have incurred substantial costs in arranging your program placement. You cannot cancel installment (eZyPay) payments after the program start date. |
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| 15 |
Termination of Placement |
| 15.1 |
Some host organisations may place you on a probation period for up to three months and they reserve the right to terminate your placement contract at anytime. In the unlikely event that your placement is withdrawn or terminated by your host institution for any reason, you will not be entitled to any refund from TE and we will not be obligated to find you an alternative placement. |
| 15.2 |
Should you decide to terminate your placement contract, your host organisation reserve the right to withhold a portion of your salary to cover costs involved in finding a replacement teacher. If you decide to terminate your placement contract for any reason, you will not be entitled you any refund from TE. |
| 15.3 |
If you decide to refuse the placement/employment contract offered by your host institution for any reason, you will not be entitled you any refund from TE and we will not be obligated to find you an alternative placement. |
| 15.4 |
If you are unable to complete the TEFL training course, your placement will be cancelled. If this is due to an illness/injury and you are able to provide a valid Doctors certificate, we will try to offer you a place on an alternative course and subsequently arrange a new teaching placement for you. In any case you will not be entitled you any refund from TE. (See 14.3) |
| 15.4 |
After your arrival in Thailand you must not default, or attempt to cancel, any outstanding balance/instalment payments which may be due. Any default of an outstanding payment, after receiving goods and services provided by us, will be considered as fraudulent and we will take appropriate and immediate legal action against the patron in their home country. Candidates will have a maximum period of 30 days to pay any arrears and failure to do so will result in their job placement & visa being terminated with immediate effect. We will continue to take further legal action to recoup any arrears. This is necessary to protect the integrity of the Thailand Experience program and all those involved. |
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