Whiz Limited

DEFINITIONS

1. The ‘Company’ refers to Whiz Limited, a Limited Liability Company (Company
registration Number C 71655) Registered Office Ta’ Wejda Building, Flat 12, Triq it- Torri,
Mosta, Malta.
2. The ‘Organisers’ refers to the organisers of the activities organised by Whiz
Limited, who shall be selected at the sole discretion of the Company’s directors.
3. The ‘Programme’ refers to the list of activities stipulated in the Activities’ Curriculum,
which is a curriculum of detailed information about each and every activity/ excursion
which the Company will be organising between October and June each year, subject to
change according to circumstances.
4. A ‘Parent’ is any person who has the authorisation to sign the Application Form and the
Parent Consent Form either because such Parent is the biological mother or father of the
child and/ or because he or she has been duly charged with the care and custody of
such child under the Laws of Malta.
5. A ‘Student’ is any child who shall attend the activities organised.
GENERAL
1. These Terms and Conditions reflect the custom and practice of Whiz Limited, a
Limited Liability Company, created with the objective of entering into the business of
entertainment for children and adults alike, by designing, organising, managing and
performing both indoor and outdoor activities.
2. Whiz Limited is responsible for the daily running of the Company and for the
organisation of the Programme which Parents can apply for on behalf of a Student by
submitting the Application Form.
3. The Company is directed towards the happiness, success, safety and welfare of each
Student and the integrity of the community.
4. These Terms and Conditions shall govern the relationship between the Parent and the
Student, and Whiz Limited, which is governed exclusively by Maltese Law,
and any dispute arising as a result of such relationship is to be referred to the Courts of
Malta.
APPLICATION
1. In order to express their consent, Parents must fill in and read the application package,
which will consist of:
a. The Application Form, which will include the Parent Consent Form
b. The Activities’ Curriculum
2. The Application Form must be presented to Whiz Limited within the timeframe
stipulated in the Application Form together with the necessary payments.
3. The Activities’ Curriculum will lay down a detailed list of events which will be held
between the months of October and June, subject to change according to
circumstances.
4. Applications which are not accompanied by the necessary payments or which are not
handed in within the stipulated time-frame may be refused.
5. Students’ attendance for the excursions/ activities included in the Programme is the
responsibility of the Parents.
6. The Company’s Programme is not a contractual document and can be changed from
time to time according to circumstances.
7. Whiz Limited, like any other company, may undergo a number of changes in
management and organisation from time to time.
8. Before authorising their children to participate in the excursions/ activities included in
the Programme organised by the Company, Parents shall read all the information related
to the excursions/ activities, which may be found in the Activities’ Curriculum.
9. The Organisers reserve the right to make some minor changes to the planned
excursions/ activities even after payment due has been made by Parents. In such cases
the Parents must be notified in due time.
CARE AND CUSTODY
1. The Parents must, as soon as possible, disclose to the Company in confidence, any
known medical condition, health problem or allergy affecting the Student, any history of
a learning difficulty on the part of the Student, or any family circumstances or court
order which might affect the Student’s welfare or happiness, or any concerns about the
Student’s safety.
2. All information handed in by the Parents about the Students is subject to the rules of
confidentiality and Data Protection in accordance with the Laws of Malta.
3. Parents may nevertheless authorise the Organisers to override their own and a Student’s
right of confidentiality (insofar as they are entitled), and to impart confidential
information on a “need-to-know” basis where necessary to safeguard or promote a
Student’s welfare or to avert a perceived risk of serious harm to the Student or to
another person attending the excursions/ activities.
4. With the exception of communication regarding cancellation, any communication made
by the parents with the Organisers will be treated as done on behalf of the Student.
5. It is a custom and practice of the Company to include some photographs or images of
Students in the Company’s promotional material such as the Programme. The Company,
however, will not disclose the name or home address of a Student without the parents’
consent.
6. Parents who do not want such photographs or images of their child to appear in any of
the Company’s promotional material must refrain from signing the
ADVERTISING/PROMOTIONAL USE PHOTO CONSENT FORM provided with the
application or by the Company at any time.
7. The ratio of adults to Students during the excursions/ activities will be that required by
law at the time of the Programme, as this requirement may change from time to time as
per the Laws of Malta.
8. Whenever a Student requires the assistance of a Learning Support Assistant, it is the
responsibility of the Parent to provide such assistant.
9. Nevertheless, the presence of a Learning Support Assistance does not, in any manner
whatsover, diminish or reduce the responsibility of the Organisers or of the adults
assisting the Students during the excursions/ activities.
10. The Parents consent to the Student travelling by any form of public transport and/or in a
motor behicle driven by a responsible adult who is duly authorised and insured to drive a
vehicle of that type.
11. Students are responsible for the security and safe use of all their personal property
including but not limited to money, mobile phones, mp3 players, watches, computers,
calculators, musical instrument and sports equipment, and for property lent to them by
the Company.
12. Unless negligent or guilty of some other wrongdoing causing injury, loss or damage, the
Company does not accept responsibility for accidental injury or other loss caused to the
Student or Parents or for loss or damage to property.
13. Parents give their consent to such physical contact as may be in line with good practice,
be appropriate and proper for teaching and instruction and for prividing comfort to a
Student or maintain safety and good order, in relation with the Student’s health and
welfare.
CANCELLATION OF BOOKINGS
1. Parents that authorise the Student to attend any excursion/ activity included in the
Programme may freely cancel their booking.
2. Any cancellation must be done in writing by sending a letter in writing to the stipulated
home address laid down in the application form. This must be done at least two weeks
prior to the first day of the first excursion/ activity of the Programme.
3. Parents that cancel their activity in the manner laid down in (2.) will be refunded the
price of the application paid.
4. Any cancellation done within two weeks of the first excursion/ activity of the Programme
must be accompanied by a valid reason for cancellation.
5. The Organisers have the full liberty not to refund the price paid when cancellation is
made down in the manner laid down in (4.).
6. Where the reason for cancellation is that of sickness and such application is made within
two weeks of the first excursion/ activity of the Programme or when the Programme is
ongoing, this must be accompanied by a medical doctor’s certificate. Nevertheless, the
Organisers still have the discretion not to accept to refund the price paid upon
application.
7. All excursions/ activities forming part of the Programme may be postponed. Thus, where
an event was planned to be held on a particular day but for various reasons including
but not limited to bad weather, strikes or labour disputes, casualty, or any other
unforeseeable circumstances, such event cannot take place on that particular day, then
that event shall take place on another day.
8. The amount of excursions/ activities laid down in the Programme must all take place and
the Organisers have no right to cancel any activity without replacing it with another
activity. Thus the number of excursions/ activities laid down in the Programme must be
the same amount of excursions/ activities which take place.
9. Where a Student chooses not to attend a particular excursion/ activity laid down in the
Programme, s/he may not be refunded part of the total price paid.
10. Unless a valid reason is put forward, Parents may not withdraw their application and be
refunded.
11. The point laid down in (10.) applies even in those circumstances where the Student does
not attend the majority of the excursions/ activities.
HEALTH AND MEDICAL MATTERS
1. Parents will be asked to complete a form containing a medical declaration concerning
the Student’s health and must undertake to inform the Company if the Student develops
any medical condition, health problem or allergy or will be unable to take part in games
or sporting activities, or has been in contact with infectious diseases.
2. The Company may at any time require a medical opinion or certificate as to the
Student’s general health where it considers is necessary as a matter of professional
judgement in the interests of the Student and/ or the Company.
3. The Parents authorise the Company to consent on their behalf to the Student’s receiving
emergency medical treatment at Malta’s government run hospital Mater Dei where
certified by an appropriately qualified person necessary for the Student’s welfare and if
the Parents cannot be contacted in time.
BEHAVIOUR AND DISCIPLINE
1. The Company attaches importance to courtesy, integrity, good manners, good discipline
and respect for the needs of others. Parents warrant that the Students will take a full
part in the activities, will be punctual, will work hard and will be well-behaved and will
comply with the rules.
2. The Company is not liable for any damage which the Students may do to property
belonging to third parties.
3. Except as required by Maltese law, the Company shall not be required to divulge to
Parents or other any confidential information or the identities of the Students.
4. The Company operates a zero tolerance policy on the misuse or possession of drugs and
illegal substances.
5. Students found to be in possession of drugs and/ or illegal substances may be prohibited
from attending any future excursions/ activities organised by the Company. In such
circumstance, any price of future excursions/ activities paid by the Parents to the
Company will not be refunded.