Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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S.L. 607.3 · Further And Higher Education (S.L. 607.3)

S.L. 607.3 Art. 26Agreement with the student. Cap. 378.

PART III

In KraftAmtlicher Text

(1) Prior to the beginning of a programme, and prior to the student or other person directly or indirectly on his behalf, making any payment to the licensee, the licensee shall draw up a written agreement with the intending student in relation to such student’s enrolment in that programme, hereinafter referred to "the student agreement".

(2) The student agreement shall be clearly understandable by the student and specific in its requirements as to the duties of the student and the licensee.

(3) Licensees shall ensure that the student agreement referred to in sub-regulation (1) shall make provision for refund procedures and default conditions.

(4) Licensees shall not engage in conduct that is false, misleading, deceptive or otherwise inept in drawing up the provisions of the student agreement relating to student refunds.

(5) Licensees shall ensure that the provisions of the student agreement relating to student refunds meet the following minimum standards:

(a) the student agreement shall guarantee students’ rights, including the right to obtain assessment results upon the student having completed all the necessary assessment requirements of the programme or parts thereof;

(b) the circumstances in which the licensee will provide a refund shall be clearly stated;

(c) the terms regarding how a student should apply for a refund shall be clearly stated;

(d) the refund provisions to apply shall generally be compatible with consumer protection law, including a statement to the effect that the agreement shall not deny the students’ right to take further action under the

Consumer Affairs Act; and

(e) the licensee’s dispute resolution process shall be clearly explained, including a statement to the effect that such dispute resolution process shall not prevent students from seeking other legal remedies.

(6) In the student agreement, the licensee shall advise intending overseas students of their duty to furnish the licensee with any change in their contact details, which include their residential address and telephone number in Malta as well as a contact address overseas, following the completion of their studies.