Cancellation Policy
Kaplan Living Cancellation Policy
Introduction
When a student (“you”) signs or accepts the Accommodation Agreement (the contract entered into between you and Kaplan for the provision of accommodation to you (“the Accommodation Agreement”)) with Kaplan Living (“Kaplan”), they are signing a legally binding agreement. The Accommodation Agreement is created between you and Kaplan.
For students of Kaplan Pathways Colleges (excluding any students of the University of York International Pathway College): Please note that the version of the Kaplan International Pathways terms and conditions to which you previously agreed at offer stage continue to apply and contain certain provisions relating to your offer of accommodation.
For students of the University of York International Pathway College: Please note that the version of the University of York International Pathway College terms and conditions to which you previously agreed at offer stage continue to apply and contain certain provisions relating to your offer of accommodation.
There may be circumstances in which either you or Kaplan wish to cancel the Accommodation Agreement or any extra services you may have signed up to in relation to your accommodation (for example, bedding packs, room cleaning services and Kaplan Living Special Support) (Extra Services). Part 1 of this document sets out requirements where either you or Kaplan wish to cancel your Accommodation Agreement. Part 2 of this document sets of requirements where you wish to cancel any extra services in relation to your accommodation.
It is intended that this policy is fully incorporated into the Accommodation Agreement.
For the purposes of this Cancellation Policy, the amount of any payable cancellation fee will depend on the date on which you send us written confirmation that you wish to cancel your Accommodation Agreement. If we receive the written confirmation:
- before your Accommodation Agreement start date, you will be charged a £750 cancellation fee;
- after your Accommodation Agreement start date, you will be charged a £250 cancellation fee.
References to “the Accommodation Cancellation Fee” in this Cancellation Policy shall refer to either of the above fees depending on which is applicable to your circumstances.
Part 1 – Cancellation of the Accommodation Agreement
How can I cancel my Accommodation Agreement?
1. First Year or Kaplan Alumni applicants (not currently enrolled in a Kaplan Pathways College) only
If you are a prospective student and your offer of a place at your preferred University/Higher Education Institution is withdrawn by the University/Higher Education Institution as a result of you not achieving their required entry grades you may be eligible to be released from your Accommodation Agreement. To apply to be released from the agreement you must send us:
- Written confirmation that you wish to cancel your Accommodation Agreement
- Supporting documentation of the failure to secure a place g. UCAS notification
- Written confirmation that you are not attending another education institution in a city that Kaplan offers accommodation
If we receive these documents (by post or email) within 3 working days from the date your results are published, we will cancel your Accommodation Agreement with no further rent liability and you will be charged an Accommodation Cancellation Fee.
If you intend to study in the same city but for a different University/Higher Education Institution your booking will remain in place.
If you intend to study in a city where Kaplan operates an accommodation building then your booking may remain in place and you may be offered alternative accommodation in that specific city dependent on availability. If there is no room availability, then Kaplan will release you from your Accommodation Agreement and you will be charged an Accommodation Cancellation Fee.
2. Second year and subsequent year students (not currently enrolled in a Kaplan Pathways College)
You have a short period after signing the Accommodation Agreement during which you may cancel without liability. This period is known as the Initial Cancellation Period. The duration of the Initial Cancellation Period depends on when you sign or accept the Accommodation Agreement, and the details are below. You must give us written notice (by post or email) that you wish to cancel your Accommodation Agreement. All cancellation requests received after the Initial Cancellation Period will incur an Accommodation Cancellation Fee.
If you sign or accept the Accommodation Agreement on or before the 1st August, the Initial Cancellation Period is three working days starting on the date you sign or accept the Accommodation Agreement. If your cancellation request reaches us by the end of the third working day after you sign or accept the Accommodation Agreement and before you move into your accommodation, an Accommodation Cancellation Fee will not be payable.
If you sign or accept the Accommodation Agreement after the 1st August, the Initial Cancellation Period is one working day, starting from the time you sign or accept the Accommodation Agreement. If your cancellation request reaches us by the end of the next working day after you sign or accept the Accommodation Agreement and before you move into your accommodation, an Accommodation Cancellation Fee will not be payable.
3. Kaplan International Pathways Students
Once you receive an accommodation offer, you must complete all the necessary steps described in the offer letter including returning your signed agreement, guarantor confirmation if applicable and first accommodation payment by the stated deadline.
Kaplan reserves the right to cancel your booking if any of the required steps outlined above are not completed. If you wish to cancel your booking before you complete any of these steps you will not be liable to pay an Accommodation Cancellation Fee. Any accommodation payments which have been made in respect of your booking would then be reallocated against outstanding tuition fees or other charges on your account.
Once you have signed your Accommodation Agreement, you have entered into a legally binding contract with Kaplan and are liable to pay all accommodation fees outlined in the Accommodation Agreement.
4. Cancellation due to Visa Refusal (Kaplan International Pathways Students)
If you fail to meet UK visa entry requirements and therefore wish to cancel your accommodation booking Accommodation Agreement the refund of any fees paid will be in line with:
- (if you are a Kaplan International Pathways student and you do not attend the University of York International Pathway College) section 4.1.2 of the Kaplan International Pathways UK Terms and Conditions https://www.kaplanpathways.com/how-to-apply/uk-universities/terms-and-conditions/. In these circumstances, no Accommodation Cancellation Fee is payable;
- (if you are a Kaplan International Pathways student and you do attend the University of York International Pathway College), section 4.1.2 of the University of York International Pathway College Terms and Conditions https://www.kaplanpathways.com/how-to-apply/uk-universities/uyipc-terms-and-conditions/. In these circumstances, no Accommodation Cancellation Fee is payable.
5. Deferring or withdrawing from a Kaplan International Pathway College
Deferral
You may request to defer the start date of your course a maximum of two times.
Where your request to defer is received by Kaplan before your Accommodation Agreement start date: If your request to defer is granted, and you already have a secured accommodation booking, this will be cancelled and you will be required to enter into a new Accommodation Agreement in line with your new course start date. Any sums paid for the now-cancelled accommodation booking will be applied to the new accommodation booking. You are not guaranteed that a room at the same residence will be available at such time as your new course start date. In these circumstances, no Accommodation Cancellation Fee is payable.
Where your request to defer is received by Kaplan after your Accommodation Agreement start date: Such requests will only be granted if/when Kaplan is able to re-sell your room to a suitable alternative student (please see the guidance at clause 6 below as to what constitutes a “suitable” alternative student) and accommodation fees will be due from you until said alternative student’s Accommodation Agreement start date. If your request is granted, you will be required to enter a new Accommodation Agreement in line with your new course start date. The fees paid in connection with your previous accommodation booking will not be applied to your new accommodation booking. You are not guaranteed a room at the same residence will be available at such time as your new course start date. In these circumstances, no Accommodation Cancellation Fee is payable.
Withdrawal
In the event that you withdraw from your course before your Accommodation Agreement start date, Kaplan will release you from your Accommodation Agreement minus the Accommodation Cancellation Fee.
In the event that you withdraw from your course after your Accommodation Agreement start date, regardless of whether you have moved into your accommodation or not, you will remain liable for the fees payable under the Accommodation Agreement. If Kaplan is able to re-sell your room to suitable alternative student (please see the guidance at clause 6 below as to what constitutes a “suitable” alternative student), you will remain liable for the fees payable until said alternative student’s Accommodation Agreement start date. The Accommodation Cancellation Fee will also be payable on top of fees under the Accommodation Agreement.
6. Cancellation Terms applicable to all Students
If you accept an offer of accommodation by signing our Accommodation Agreement and then decide you wish to cancel outside of the Initial Cancellation Period, or after your Accommodation Agreement start date, the following applies:
- You must give us written notice (by post or email) that you wish to end your Accommodation Agreement;
- Where applicable, it is your responsibility to find a suitable alternative student to occupy your room and enter into an Accommodation Agreement with Kaplan. In most cases a prospective student will not be suitable if: i) they are already renting a room from Kaplan; ii) they are already bound into another agreement for accommodation elsewhere; iii) they are an existing Kaplan International Pathways College student; iv) they are over-18 if you are under-18; or v) they are of a different gender to you where your Accommodation Agreement was for a single gender flat.
- You remain liable for the rent and any other charges stated in the Accommodation Agreement unless and until you find a suitable alternative student who is acceptable to Kaplan to take over your Accommodation Agreement and that student has signed the Accommodation Agreement.
- When your accommodation has been re-let to a suitable alternative student we will release you from your Accommodation Agreement upon payment of the Accommodation Cancellation Fee which will either be deducted from your final instalment or can be paid by debit/credit card via our Flywire payment portal. This fee is for room preparation and cleaning and administration.
- Once we have accepted/if we accept an alternative student, you must have booked and attended a final inspection of your room and flat before returning the room key to the residence office and confirming your contact details on departure.
- If no replacement tenant is found for your room, you will remain liable for all amounts due under your Accommodation Agreement until the agreement ends and no Accommodation Cancellation Fee is payable.
- You can submit an appeal to be released from the contract earlier than the fixed end date by emailing a request to pathways.accommodation@kaplan.com with supporting evidence so that your request can be reviewed. Once the Accommodation Manager has reached their decision, you (and your guarantor if applicable) will be notified in writing.
Please note that Kaplan will not consider any cancellation requests or appeals from students that have rent arrears.
7. Special conditions for students staying in a Kaplan Living Residence
Kaplan may consider a cancellation of your Accommodation Agreement on medical grounds if:
- You booked and are currently residing in one of the following accommodations: Kaplan Living Bournemouth; Kaplan Living Brighton; Kaplan Living Glasgow – Argyle St; Kaplan Living Glasgow – Old Dumbarton Rd; Kaplan Living Liverpool; Kaplan Living Nottingham;
- You noted on your accommodation application that you are suffering from a medical condition for which you were receiving treatment, or which was diagnosed before the start of your Accommodation Agreement;
- You have shown due consideration and notified the Accommodation Team at pathways.accommodation@kaplan.com of any concerns as soon as they arose; and
- You can produce a certificate from a recognised medical practitioner stating the medical reason why you are unable to continue to live in your accommodation.
Please note that, regardless of your medical grounds, Kaplan will not consider any cancellation requests from students that have rent arrears.
You must make your request in writing (by post or email) that you wish to end your Accommodation Agreement. If Kaplan accepts the request for the cancellation of your Accommodation Agreement, you will be given a release date, you will be liable for rent until this date, failure to return all keys, fobs or key-cards may incur further rental charges.
Please note these special conditions are not a guarantee that all medical cancellation requests will be approved. These requests are treated on a case by case basis and there has to be very clear evidence that a student is medically unable to live in a student residence. Any decision will be at Kaplan’s sole discretion and all decisions are final.
8. Cancellation by Kaplan
The circumstances in which Kaplan may terminate the Accommodation Agreement are stated in the Accommodation Agreement.
Part 2 – Cancellation of any Extra Services
9. Cancellation(s) of Extra Services
All cancellation requests must be sent to us in writing by email to pathways.accommodation@kaplan.com. The following cancellation policy applies to the following Extra Services if available and offered by Kaplan in the chosen residence:
Bedding Pack, Kitchen Pack and/or Laundry Services:
- If we receive your cancellation request to cancel any or all of your bedding pack, kitchen pack and/or laundry services by email at least 7 calendar days before the start date of your Accommodation Agreement, you will receive a full refund of prepaid charges for such services.
- If do not we receive your cancellation request to cancel any or all of your bedding pack, kitchen pack and/or laundry services at least 7 calendar days before the start date of your Accommodation Agreement (this includes any such requests received after the start date of your Accommodation Agreement), no refunds will be given and you will continue to be liable for the full cost of such services for the entire term of your Accommodation Agreement.
Room Cleaning Services:
- If we receive your cancellation request to cancel your room cleaning services by email no later than 7 calendar days before the start date of your Accommodation Agreement Should you decide to cancel your room cleaning services, you will receive a full refund of prepaid charges for such services.
- If we do not receive your cancellation request to cancel your room cleaning services at least 7 calendar days before the start date of your Accommodation Agreement (this includes any such requests received after the start date of your Accommodation Agreement), this will require a 30 calendar day notice period to be given by email. As such, charges will still be applicable for the duration of such notice period and refunds will only be given for the remaining term following the expiry of the 30 calendar days’ notice. All refunds of prepaid charges for such services will therefore be made pro-rata taking the 30 calendar day notice into account.
Kaplan Living Special Support:
- Kaplan Living Special Support is a mandatory Extra Service for all students who at the Accommodation Agreement start date are under the age of 18 and as such this service cannot be cancelled for the duration of the Accommodation Agreement (including for those students who turn 18 years old during the term of the Accommodation Agreement).
- If, at the start date of your Accommodation Agreement, you are over the age of 18 and decide to cancel Kaplan Living Special Support services, and:
- we receive your cancellation request by email no later than 7 calendar days before the start date of your Accommodation Agreement, you will receive a full refund of prepaid charges for such services; or
- we do not receive your cancellation request at least 7 calendar days before the start date of your Accommodation Agreement (this includes any such requests received after the start date of your Accommodation Agreement) no refunds will be given and you will continue to be liable for the full cost of such services for the entire term of the Accommodation Agreement.
10. Complaints (applicable to both Parts 1 and 2 of this Cancellation Policy)
If you are not satisfied that Kaplan have complied with this policy and wish to complain, our complaints policy gives information on what you should do, together with details of how we will handle your complaint. Please contact the Accommodation Team at pathways.accommodation@kaplan.com for further details.
Published in November 2022
Last updated 30 January 2023