PORTOLA Ltd Terms & Conditions, January 2025

THE PARTIES

Portola Ltd (‘we’), a limited company registered in England and Wales with company number 16080481, registered office at 28 Rostrevor Road, London SW6 5AD  (‘Portola’).

The Parent(s) (‘you’), named on the enrolment form whose child requires guardianship for their  time at a UK Boarding School.

AGREED TERMS

These terms and conditions constitute the entire contract between Portola Ltd and the Parent(s) (the Agreement).

DEFINITIONS:

Guardian: means the person or body responsible for the care of the Student while he/she is residing in the UK. The responsibilities of the Guardian include being a point of contact for the Parent(s) for any emergencies regarding the Student or should the Student need urgent advice or assistance. Responsibilities include having the authority to make certain decisions concerning the Student on your behalf where the Parents are not available to do so. Such examples include emergency medical or dental treatment or matters of a disciplinary nature. Further details are set out in section 7 below.

Student: means the child or the minor whose details the Parent(s) have provided on the Enrolment Form set out at the end of the Agreement.

Fees List: means the fees set out on our Homepage www.portola-london.co.uk/fees.

Host Family: means the Host Family which may, for an additional cost, be appointed to provide emergency accommodation, meals and care for the Student. Host Family accommodation will be invoiced at the time of booking in accordance with the rates in the Fees List.


1. Appointments

1.1 The Parent(s) hereby appoint Portola, Ltd to act as a Guardian for the Student whilst he/she is attending a boarding school in the UK.

2. Duration of this agreement

2.1 Duration: Subject to clause 9, Portola will act as Guardian from the time that the Student arrives in the UK, until the time that the Student leaves the UK. It is expected that the Student will leave the UK and return home for exeat weekends, half terms, and end of term holidays unless otherwise instructed.  

3. Your authority and declarations

3.1 Parental responsibility: the Parent(s) confirm that he/she/they have parental responsibility (i.e. legal responsibility) for the Student and that no other person’s consent is required for this Agreement.

3.2 Authority: the Parent(s) confirm(s) that he/she/they authorise Portola to act as a Guardian for the Student whilst they are in the UK. The Parent(s) confirm that he/she/they authorise Portola in the event of an emergency to select and appoint a suitable Host Family and in good faith, to decide any matter (including emergency medical and dental treatment and matters of a disciplinary nature) that may affect the Student’s welfare.

3.4 Confidentiality: The Parent(s) authorise Portola Ltd to override your own (and so far as you are entitled to do so) the Student’s rights of confidentiality, in order to impart confidential information on a “need to know” basis where necessary to safeguard or promote the Student’s welfare.

3.5 Disclosures: The Parent(s) confirm that he/she/they have already provided and will continue to provide Portola with details of any medical condition (including allergies), health problem, disability, special educational needs, or learning difficulties of the Student as well as any behavioural, emotional and/or social difficulty of the student. You confirm that the details you have provided and will continue to provide are complete and accurate in all respects. You confirm that you will inform us straight away if these details change, or if your own circumstances or contact details change.

3.6 Adult supervision: Students are not permitted to stay overnight in any location without the supervision of an adult over 25 years of age, including in hotels. If you or the Student breach this obligation you acknowledge and accept that we do not accept any liability for any consequences that may arise.

3.7 The Student is not permitted to travel independently on public transport without the Parent(s) prior written consent if they are 16 or under.

3.8 Behaviour: The student must obey the laws of the United Kingdom especially regarding alcohol, tobacco and drugs. The student must comply with the rules of the school and those set by the Host Family where applicable. We emphasise the importance of good behaviour, courtesy, integrity, good discipline and respect for the needs of others. The Parent(s) understand that the Student needs to be well behaved and respectful to us, the school and their host family (where applicable) 5.9 Photographs: We would like to take photographs of the Student from time to time only for the purpose of sending them to you. We will never use any pictures for Marketing Materials or alike without your prior consent. 

4. Parent(s) responsibilities

4.1 Visa & Passport: You confirm that you understand that it is your responsibility to arrange for the Student’s visa to study here in the UK and to make sure his Passport is valid according to UK regulations.. 6.2 Insurance cover: The Student’s school can give you full information on insurance cover they provide including any which may apply to the Student when in the UK but not at school. It is then your responsibility to arrange any other insurance cover that you may require.

4.2 Indemnity: You agree to indemnify us against any liability which we may incur in respect of breach of a duty of care and/or breach of contract caused by (or contributed to by) anything which you or the Student does, or fails to do, in breach of your obligations under this Agreement.

4.3 Payment: the Parent(s) agree to pay the Fees in accordance with the provisions on Fees set out in section 6 below, and to terminate this agreement only in accordance with the provisions on notice set out in section 9 below.

4.4 Liability for damage. The Parent(s) shall be responsible for any loss or damage caused by the Student to Portola Ltd or the Host Family (if applicable) and you agree to indemnify us against any such loss or damage.

4.5 Contact details. The Parent(s) agree to be available for contact during the period of your child’s stay in the UK on the contact details you provided on the Enrolment Form for any emergency issues that may arise.

4.7 Policies. You agree to adhere to our policies and guidelines which are available on our website, as amended from time to time.


5. Guardian’s Responsibilities

5.1 Responsibilities: Our responsibilities and those of the Host Family (if applicable) arise only when the Student is in the United Kingdom.

5.2 Appointment of a Host Family: In the event of an emergency and where we are unable to accommodate the Student in London, we agree to appoint a Host Family that is known to us, as defined in section 2 above, to provide accommodation and meals for the Student. We provide the Host Family with a Code of Practice in the form of a detailed Host Family Handbook outlining our high expectations and standards. In the unlikely event that the Student is unhappy with the Host Family, we will do what is reasonable to mediate and, if necessary, to find an alternative Host Family.

5.3 Safeguarding: We undertake to carry out appropriate checks as to the suitability of the Host Family, including DBS checks, on all persons over the age of 16 living in the Host Family home. We will carry out an interview and an assessment of the Host Family, in the family home. 

5.4 Accommodation and meals: We agree to ensure, with appropriate interviews, inspections and checks, that the Host Family provides a high standard of accommodation and meals for the Student for the periods of the Student’s stay.

5.5 Travel: If travel services are required, travel will be charged as an extra expense, and invoiced separately.  

5.6 Contact with the School: We will maintain good contact with the Student’s School, and ensure we are available at all times in the event of an emergency. We cannot accept responsibility for educational and pastoral matters arising at School, but will provide assistance where reasonably possible.

5.7 Contact with you and the Student: We will be contactable at all times in case of an emergency.

5.8 Releasing care: We will not release care of the Student without your prior knowledge.

5.9 Other responsibilities: We agree to carry out the services set out in Appendix 1 whilst the Student is in the UK and we agree to carry them out in accordance with our Safeguarding Policy.

5.10 Our 24/7 Emergency Mobile Number will be provided prior to the Student’s arrival in the UK.

5.11 We are not responsible for delays outside our control. If the supply of our services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any part of the services you have paid for but not received.

5.12 Details of guardian services are listed in Appendix 1.

6. Fees

6.1 Fees: All Fees are payable in advance, except expenses and the cost of repairing damage caused by the Student which will be invoiced should they occur.  The Registration Fee will be payable at the time of registering with Portola. The termly fees for the length of the Student’s stay in the UK (up to a maximum of one year in advance) will be invoiced in the term preceding their arrival in the UK.. 

6.2 Fee rates: The fee rates are set out in the Fees List. Fee levels will be reviewed annually; fees will incur reasonable increases from time to time.

6.3 Refund / waiver: Fees will not be refunded or waived:

6.4.1 for absence through sickness;

6.4.2 if a school term is shortened or a vacation extended;

6.4.3 if the Student decides to leave the school earlier than planned for any reason. 

6.4 If any of our fees are not paid by the due date, we may charge interest on any balance outstanding at the rate of 4% per year above Monzo Bank plc’s base rate.

7. Termination of the Agreement and notice

7.1 Notice of termination: Unless there are exceptional circumstances which justify short notice, as discussed with and agreed to by us in writing, you will give us at least one School Term’s written notice before bringing this Agreement to an end. If you fail to give the required notice, you will be charged Guardianship Fees for one full School Term, in lieu of notice.

7.2 Unpaid fees:.  Should fees remain outstanding for longer than one week after the commencement of the school term for which they are due, this contract shall be considered terminated with immediate effect and the relevant school will be notified immediately.

7.3 Termination due to conduct: We may deem it necessary to terminate this agreement immediately if, after consultation with you and where appropriate the Student, we are of the opinion that by reason of the Student’s conduct, behaviour or progress, the Student is unwilling or unable to benefit sufficiently from the arrangements, or if you have treated us or a member of our staff unreasonably. We shall act with procedural fairness in all such cases, and shall have regard to your interests and those of the Student, but our decision will be final.

8. Cooling off period

8.1 In accordance with Consumer Rights Legislation, you have the right to cancel this Agreement within 14 days of signing it, without giving any reason.

8.2 The cancellation period will expire 14 days after the date of the Agreement.

8.3  If the Student arrives in the UK or the school term of which the Student is subscribed commences within the 14 day cooling off period, the right to cancel is null and void.

8.4 If you cancel this Agreement in accordance with the cooling off period in clause 10.1 we shall reimburse to you all payments received from you promptly and using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise.

9. Direct dealings

9.1 If you enter into a direct contract with the Host Family at any time, we reserve the right to ask your child to leave us and/or charge you a penalty fee for the direct dealing you have made.

10. Legal liability

10.1 Unless our negligence or breach of our obligations under this Agreement causes injury, loss or damage, we cannot accept responsibility for any loss or damage arising from or caused by any act or omission by us, any of our staff or any member of the Host Family, or the Student. We shall not be responsible for any loss or damage that results if you have not provided us with the requested or relevant information about you or the Student to enable us to provide our services in accordance with this Agreement.

10.2 We shall not be liable for any indirect or consequential losses or any business losses, including loss of business, loss of profits, loss of management time and loss of business opportunity.

10.3 Our total liability to you is limited to the amount of fees paid by you for our services.

11. Data protection

11.1 You confirm that all information provided by you to Portola Ltd is correct, accurate and up-to-date. You consent on behalf of yourselves, and where appropriate, on behalf of the Student, to our collecting, using and disclosing information about you and the Student as necessary to perform our obligations under this Agreement. We will share your data about you and the Student where requested with the school standards authorities AEGIS and BSA for their inspection purposes. In particular we may share the information on the Student’s profile with a Host Family (if applicable), with schools and with any other relevant third party in order to perform our obligations under this Agreement. Our Data Protection and Privacy policy is available to view in the policy section at the footer of our website www.portola-london.co.uk.

12. Complaints and problems

12.1 You must notify us at once if you or the Student has a problem or concern with, or wishes to make a complaint against, any member of the Host Family or against any member of our staff. In the first instance, please contact Aline-Luise Kamps, our Designated Safeguarding Lead on aline@portola-london.co.uk or +44 7415417837 or Laura Keighley on contact@portola-london.co.uk or +44 7881 951 995

13. Third party rights

13.1 Only Portola Ltd and the Parent(s) are parties to this agreement. Neither the Student nor the Host Family nor any third party is a party to it.

14. Legal contract

14.1 A legally binding contract will be formed once you agree to our terms & conditions at the bottom of the Enrolment Form. 

14.2 This agreement is governed exclusively by and is to be construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

 

Appendix 1 - European Service

This service includes:

  • 24/7 Emergency Availability: For you, your child, and their school, accessible from our London-based guardians.

  • 24/7 WhatsApp Contact: Direct communication with your guardians.

  • Onboarding Call: Prior to your child's arrival in the UK, we will meet online with you and your child in person.

  • Easy Online Registration: A streamlined process to get started.

  • School Notification: We will inform your child's school that we are their guardians – no action required from you.

  • Access to Emergency Accommodation: Should it be necessary.*

  • Support with Transport Arrangements: If required.

  • A List of Hand-Picked Tips: For a family weekend in London.