Terms and conditions – Course bookings

1. Terms and conditions of service

1.1 These terms and conditions and the enrolment form (defined below) describe the way in which we provide our education services and what we ask of our customers in return (education services). Please take time to read and understand them.

1.2 In these terms and conditions, ‘Prospect Hospice’, ‘we’, ‘us’ or ‘our’ refers to Prospect Hospice Limited, a limited company registered in England and Wales (1494909) and a registered charity (280093), whose registered address is Moormead Road, Wroughton, Wiltshire, SN4 9BY, and ‘you’, ‘your’ or ‘customer’ refers to any individual or organsation that books education services with Prospect Hospice, as identified in the applicable Prospect Hospice enrolment form.

1.3 Your agreement with us consists of the enrolment form and these terms and conditions. No enrolment placed by the customer shall be deemed to be accepted by us until your place on a course has been confirmed in writing by us and all course fees have been paid and received in full by us.

1.4 These terms and conditions do not affect your statutory rights.

2. Scope

2.1 We will provide training courses as described in the course information sheets and website.

2.2 We will also supply training materials or documents as part of the training.

3. Enrolment

3.1 Course enrolments can be made through our online booking system via our website, www.prospect-hospice.net, in person, by telephone or email.

3.2 Completing an enrolment form and making a payment constitutes a booking and allocation of a place for the study day, course or session.

3.3 We reserve the right to refuse any booking.

4. Payment

4.1 Payment can be made by debit card, credit card, cheque and BACS transfer. Please ensure you state your preferred payment method on the enrolment form. For bookings made within five working days of the scheduled course commencing, we will only accept payment by credit or debit card.

4.2 For payment by bank transfers (BACS), our account details are:

Account number: 31164015
Sort code 40-43-35.

4.3 Please make cheques payable to Prospect Hospice and send to Education, Prospect Hospice, Moormead Road, Wroughton, Wiltshire SN4 9BY. Any cheques must be sent to us in sufficient time to allow us to pay in the cheque and be in cleared funds not less than seven working days of the event. Please write on the back of the cheque the course name and date.

4.4 If you do not make payment to us by the due date, your place on the course will be forfeited.

4.5 Places are confirmed when a completed enrolment and payment has been made.

4.6 Confirmation of registration will be sent to the email address on the enrolment form in acknowledgement of all bookings. If you have not received these details within 48 hours of the course you should telephone the education team on 01793 816618 to confirm a place has been booked. The booking will not be considered confirmed until receipt of the confirmation email.

4.7 You will be sent joining instructions detailing your participation in the event as part of your course booking confirmation.

5. Cancellations

5.1 Prospect Hospice reserves the right to change the delivery method, venue and/or speakers at any time and without prior notice.

5.2 If there are insufficient bookings to run the course, we reserve the right to cancel a course, once a place has been confirmed.

5.3 If Prospect Hospice cancels a course booking a full refund of the course fees only will be provided to you/your organisation.

5.4 All cancellations by you, the delegate or your organisation must be made by email to education@prospect-hospice.net

5.5 No refunds will be made for cancellations notified in writing within 10 days or less of the event.

5.6 In the event that you cannot attend the course, and/or no cancellation is made in advance of the course commencement date, fees will not be refunded.

5.7 Refunds are made by BACS transfer only.

6 Transfers

6.1 You may transfer to a different date for the same course.

6.2 Prospect Hospice will offer an alternative date/venue for the next available course.

6.3 The option to transfer can only be used once, after which non-attendance will be treated as a cancellation.

7 Delegate substitution

7.1 If you are unable to attend, a substitute may attend in your place. Please inform us of any changes as soon as possible. Substitutions can be made prior to the course commencing without incurring a penalty. If you want to make a substitution, please call us on 01793 816118 and speak to the education department.

7.2 It is the responsibility of the substituting organisation to inform the individual of their place on the programme and, where training materials have already been issued, to pass these on.

8 Limitation of liability

8.1 Prospect Hospice’s liability for losses the Customer suffers as a result of us breaching this agreement including deliberate breaches is strictly limited to the course fees paid by You.

8.2 Nothing in this agreement limits any liability which cannot legally be limited, including liability for:

8.2.1 for death or personal injury caused by negligence

8.2.2 under section 2(3) of the Consumer Protection Act 1987

8.2.3 for fraud or fraudulent misrepresentation

8.2.4 for any deliberate breaches of these terms by us that would entitle the customer to terminate the contract between us

8.2.5 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

8.3 Prospect Hospice is not responsible for indirect losses which happen as a side effect of the main loss or damage including but not limited to:

8.3.1 loss of income or revenue

8.3.2 loss of business

8.3.3 loss of goodwill

8.3.4 loss of reputation

8.3.5 loss of profits or contracts

8.3.6 indirect or consequential loss

8.3.7 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

8.3.7 Subject to clause 8.2, Prospect Hospice’s total liability to the Customer for all loss or damage shall not exceed the course fees paid by You.

8.4 Nothing in this clause 8 shall limit the Customer’s payment obligations under this agreement

8.5 If you are a consumer (meaning an individual who is not acting in their business, trade or profession) clauses 8.1, 8.2 and 8.3 shall not apply to you.

8.6 The customer shall indemnify Prospect Hospice in respect of any loss or damage to Prospect Hospice or its property that is caused by the customer or its guest.

9 Complaints and resolution of disputes

9.1 Any complaint shall be made promptly and in any event must be received in writing not more than seven days from the date of the incident which the complaint relates to. Complaints must be addressed in writing to education@prospect-hospice.net.

9.2 The parties each agree not to post any negative information about the other arising out of this agreement or event on any online forum or website without providing advance written notice of the intended content thereof, if either party is found to have posted such content it shall constitute a breach of this agreement with each party entitled to seek appropriate damages. Provided that the other party is given an opportunity to resolve any issues between the parties amicably.

10. Insurance

10.1 We hold and maintain appropriate Employee Liability Insurance and Public and Product Liability insurance.

11 Your data

11.1 Prospect Hospice will process any personal data collected from the customer for the purposes of administering the booking for the event.

11.2 Any data we receive from you is subject to our privacy policy which can be found at www.prospect-hospice.net/privacy-policy.

11.3 We will not give the customer’s details out to any third parties and will ensure that Prospect Hospice use the customer’s data in compliance with all relevant regulatory and legal requirements prevailing at the time.

12 Force Majeure

12.1 Neither party shall be in breach of the agreement nor liable for delay in performing, or failure to perform, any of its obligations under the agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control, including, without limitation, acts of God, flood, drought, earthquake or other natural disaster. epidemic or pandemic inclusive of Covid-19; and terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations.

13 Governing law and jurisdiction

13.1 This agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.

13.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the agreement or its subject matter or formation.