These general conditions refer to the “FAQs” documents of the programs of Emilio
Sánchez Academy, presented to all
clients in a PDF format in its Spanish or English versions before formalizing the registration for
one of our programs / courses. Both
versions of the “FAQs” documents can be acquired at Emilio Sánchez Academy in a printed version, or
by email in a digital PDF format from
the Admissions Department.
The information included in the “FAQs” documents is binding for Tennis & Friends LLC Sucursal en
España, the company that manages
Emilio Sánchez Academy, except under one of the following circumstances:
- That the student is notified of the changes in this information in writing before the date when
the contract is signed.
- That later modifications come about under written agreement between the contracting parties
1.- Legal Regulations applicable to the Sport Program Contract, and acceptance of general
conditions
These General Conditions shall be subject to the stipulations of Law 7/1998, from April 13th, on
General Contracting Conditions, Law
26/1984, from July 19th, General Consumer Defence Law and the Civil Code. These General Conditions,
signed by the contracting parties,
will be incorporated into all the contracts with Tennis & Friends LLC Sucursal en España, which have
Emilio Sánchez Academy as their
subject matter, along with the special conditions agreed in each contract.
2.- Registration, price and payment method
The registration, price and payment method conditions are described in the document “FAQs” of each
program of Emilio Sánchez
Academy. Once the contracted program has started, no changes are permitted unless they
are authorized by Tennis &
Friends LLC Sucursal en España. No registration will be processed without proof of payment by one of
the indicated methods for the
chosen program.
3.- Price Revision
Program prices are subject to possible upward or downward variations, as a consequence of
fluctuating general costs or applicable tax
rates for Tennis & Friends LLC Sucursal en España. All prices include VAT. Clients shall be informed
of price variations in writing. When the
difference is significant, the students may relinquish their registration without penalty, or accept
the modification of the contract.
4.- Participant's cancellation, absence and/or withdrawal from the Program
If the student decides to cancel his/her registration in the contracted program, he/she must inform
Tennis & Friends LLC Sucursal en
España of this decision in writing. According to the cancellation policy of each program, the
student shall be entitled to receive a
percentage of the refund according to its indication in the “FAQs” documents of the chosen
program.
The absence of a student on the starting date of the planned program means the loss of the amount
paid for this purpose. The amount of
the paid deposit is not refundable in any case, neither is the registration fee. By signing the
General Conditions listed in this registration
form, I declare to have read the “FAQs” documents with all the information and accept the
cancellation policy of the chosen program.
5.- Program alterations and incidents
Tennis & Friends LLC Sucursal en España agrees to provide students with all of the contracted
services according to the program content,
with the stipulated conditions and characteristics. Nevertheless, the following factors should be
born in mind:
-
If Tennis & Friends LLC Sucursal en España is obliged to significantly modify any essential
element of the contract, including the
price, an immediate notification must be sent to the student. The student shall be able to
rescind the contract, at absolutely no
charge, or accept the modification of the contract. In such case, Tennis & Friends LLC Sucursal
en España will specify the
modifications introduced and their repercussion on the price of the program, if any exist.
-
The student must communicate his/her decision as soon as possible, in any case, within the three
following days after the
notification of the modification of the program. If the student does not notify Tennis & Friends
LLC Sucursal en España of his/her
decision within three days, it will be understood that he/she has decided to rescind his/her
participation in the program at no
charge whatsoever.
-
If Tennis & Friends LLC Sucursal en España is obliged to cancel any of its programs due to
reasons beyond the student's
responsibility, or if the student decides to rescind the contract, under the conditions outlined
in the foregoing sections a) and b),
Tennis & Friends LLC Sucursal en España shall offer the student an alternative program, or
refund to the student the amount paid
and not used of the program.
In the event of force majeure or fortuitous event, the student or, where appropriate, his/her legal
representatives may not demand the
resolution, suspension and / or modification of the contract, nor the reduction of the agreed price.
Likewise, Tennis & Friends LLC Sucursal
en España is exempt from any responsibility derived from the measures adopted by the competent
authority that are beyond its scope of
control. For the purposes of this contract, force majeure is understood to be any circumstance that
is irresistible, unpredictable and
unavoidable that affects the fulfilment of contractual obligations, such as, for example,
extraordinary natural events (floods,
earthquakes, lightning strikes, epidemic and pandemic situations, etc.). A fortuitous case is
understood as what happens as
unpredictable, but which, if foreseen, could have been avoided. The parties are aware of the
seriousness of this clause, which is motivated
(i) by the fact that there are more students interested in pursuing their program at the Academy
than available places, as well as (ii) by the
circumstance that at the start of the program there are already a series of structural expenses and
commitments that Tennis & Friends
LLC Sucursal en España must assume vis-à-vis third parties in order to provide the services that it
is obliged to carry out throughout the
year, regardless of the form of payment agreed in this document.
Tennis & Friends LLC Sucursal en España management must be informed of any differences and/or claims
according to the student's
judgement which emerge over the course of the contracted program. The management will attempt to
offer a satisfactory solution
immediately.
6.- Insurance and Risks
Students who contract the programs of Emilio Sánchez Academy take full responsibility of risks
inherent to the sports practice, as well as
those related to the activity, including transportation in the Academy's vehicles or in Public
Transportation. Emilio Sánchez Academy is
not responsible for any off-site activities outside of the premises of the Academy and School,
and/or not organized or supervised by the
staff of the Academy or of the ES American School.
7.- Rules and Regulations of Emilio Sánchez Academy for its students
The student makes a commitment to respect the Rules and Regulations of Emilio Sánchez Academy as
detailed in the student's
Handbook. This Handbook is handed over to each student at the beginning of their contracted program,
and it is possible to obtain a copy
in the Academy itself
- A student athlete must not partake in any activity that has been prohibited by the Rules and
Regulations of Emilio Sánchez Academy
- Emilio Sánchez Academy will not tolerate any racist or discriminatory attitudes or behaviours
towards students, guests or staff,
neither it will tolerate any form of harassment and may view it as a serious offense, incurring
the relevant penalty. If the behaviour
could be considered as an offense punishable by the penal code, the Academy shall inform the
relevant authorities.
- Consumption of alcoholic beverages, use of tobacco products or non-prescription drugs (without
the express consent of the
Medical Care team of Emilio Sánchez Academy) and the use of any other illegal substances are
strictly prohibited.
- Students may not leave the Academy premises outside of the designated times specified in these
Rules and Regulations without special permission
- No gambling, online or one to one, is permitted anywhere on the campus.
- The academy reserves the right to inspect a room or a locker whenever necessary and without notice
- You have received the official Academic Calendar and understand that your child must attend
school on all school days.
Any student who violates one of the above mentioned rules will be cited by the Disciplinary
Committee and could be suspended or
expelled from Emilio Sánchez Academy. In that case, the student, his/her parents or legal guardians
shall be responsible for the expenses
generated by the student's advance return to his/her place of origin.
8.- Medical and/or surgical treatment of students
The registration to any annual program of the Academy includes Comprehensive Medical Care
underwritten by MAPFRE SALUD, unless
informed otherwise. If a student requires medical treatment, must be hospitalised or operated, and
Tennis & Friends LLC Sucursal en
España, its employees or staff have been unable to locate his/her parents or legal guardians, or in
cases of maximum emergency, Tennis &
Friends LLC Sucursal en España will be authorised to take the measures they believe to be most
appropriate for the student's health.
9.- Protection of personal information
Pursuant to General Data Protection Regulation (EU) 2016/679, from April 27th, and other applicable
laws, Tennis & Friends LLC Sucursal
en España advises you that the personal information given on the registration form and any other
details, including health details, you
provide during your relationship with the Academy will be processed by us for the purpose of
handling your registration and your sports
programme, your courses and, generally, your relationship with us, which includes sending
information regularly as to courses, activities
and events of potential interest to you. We base this processing on your consent and we will keep
your information while the commercial
relationship is in place and thereafter for such time as shall be essential to comply with statutory
requirements. We will not disclose any
data to third parties other than to comply with statutory requirements. Tennis & Friends LLC
Sucursal en España has implemented all
necessary security measures to ensure that the information is held in absolute confidence. You may
exercise your rights of access,
rectification, erasure, objection, limitation and portability at the address: info@es-school.com
In order to properly provide the purchased services, your information may be communicated to Global
American School Inc. (ES
American School) and Global Sports Resorts, LLC (Emilio Sánchez Academy, Naples). The personal data
of the student will also be used to
process his/her registration in tournaments and sporting events. For that purpose, it will be
necessary that Tennis & Friends LLC Sucursal
en España, as the entity in charge of processing data, provides the personal data of the student to
the organizers of the tournaments to
process his/her participation in them and only for that purpose. In compliance with the
aforementioned regulations, you are entitled to
file a complaint with the Spanish Data Protection Agency if you consider that we have failed to
properly guarantee your rights. However,
we would invite you to submit any complaint in connection with your personal information to us and
we undertake to settle the same at
info@es-school.com.
10.- Jurisdiction
For any litigation that may arise between the parties due to the interpretation, compliance and
execution of this contract, they agree to
subject themselves to the jurisdiction of the Court System of Barcelona.