General Contractual Terms and Conditions Applicable to Online Sales
These General Contractual Terms and Conditions applicable to standard sales of Berlitz Česká republika, spol. s r.o. (hereinafter referred to as the "Berlitz"; hereinafter referred to as the "Conditions") have the nature of business terms and conditions known to the Contractual Parties and enclosed with the draft Agreement and they shall constitute an integral part of the Agreement to be entered into by and between the customer and Berlitz (hereinafter referred to as the "Agreement"). The Agreement is also referred to as the "Study Card".
The Conditions constitute a basis for the Agreement entered into in respect of the services offered by Berlitz. Unless explicitly provided for in these Conditions otherwise, they shall regulate the contractual relationship regardless of whether the other Contractual Party is a consumer or an entrepreneur (collectively hereinafter referred to as the "Client"). These Conditions, however, shall not apply if a specific Berlitz service is subject to special general contractual terms and conditions (e.g. children's camps or on-line sale) or if Berlitz reserves such non-application in the given case explicitly and in writing.
Any amendments to these Conditions are possible only upon agreement of the Contractual Parties.
1. Basic Rules of the Language Instruction
A lesson has 40 minutes; each lesson is followed by a five-minute break. The minimum extent of instruction within the framework of one day is two (2) consequent lessons. No instruction is offered on state holidays, unless agreed otherwise. Any and all modifications to the language instruction plan may be performed only through the Berlitz reception desk staff to be contacted either personally or over the phone at telephone numbers: 273136015 - Praha, 542 217 580 - Brno.
Due to organizational reasons, the Client may not arrange for, or make adjustments to, his/her language instruction plan with the teacher.
The Client may transfer any paid but yet undisbursed lessons to a third party based on a written notice delivered to Berlitz (upon filling in a form available at the Berlitz reception desk).
The Client agrees that Berlitz authorized representatives may be present at lessons in order to check the instruction quality.
2. Rules Applicable to Online Entering into the Agreement
The Agreement by and between the Client and Berlitz shall be concluded electronically as follows: the Client fills in and sends his/her binding order through a special form to be found at the Berlitz web pages (www.berlitz.cz); the binding order must include at least the Client's identification information including his/her e-mail address, designation of the service requested and its price and the presumed date of the language instruction commencement (hereinafter referred to as the "Order"). The Client's Order represents a proposal for entering into the Agreement between the Client and Berlitz. The Agreement shall be entered into in the moment when an acceptance notice is delivered to the Client confirming the receipt of his/her Order by Berlitz, such acceptance note to be sent to the Client's e-mail address.
The Agreement is concluded for a definite period of time to be specifically determined therein. The Client agrees to disburse all the ordered lessons during the Agreement term.
3. Withdrawal from the Agreement
The Client as a consumer shall have the right to withdraw from the Agreement without giving a reason within 14 days as from its conclusion upon a written notice of withdrawal (for example a letter, via fax or e-mail). The said 14-day withdrawal period commences as a rule as from the date of entering into the Agreement; however, if study materials have been delivered, the withdrawal period shall not commence prior to acceptance of such materials. For purposes of observance of the withdrawal period, if a withdrawal notice is sent on the last day of the period, it shall be deemed as sufficient. The right to withdrawal shall not apply in case that the course has commenced upon the student's consent prior to expiration of the period.
A notice of withdrawal from the Agreement must be sent to the address below:
Berlitz Česká republika spol s.r.o., Na Poříčí 26, Prague 1, 110 00, fax number: +42(0) 273 136 020, e-mail: firstname.lastname@example.org . Regardless of the Client's right to withdraw from the Agreement, the Client agrees to pay for all already used study materials and services already used by the Client.
4. Price and Payment Conditions
All services are charged for using the Berlitz prices according to the price list valid at the time of entering into the Agreement.,
which is listed on the www.berlitz.cz. The prices include the statutory value-added tax.
The User undertakes to pay this price. Payment shall be due on registering for/ordering the service/the product. The amount is deemed as settled on the date when the relevant amount is credited to the Berlitz bank account.
The information about prices for the language instruction and study materials is at all times quoted in relation to the specific course. If a change in the Client's course assignment changes, the price may change correspondingly. In connection with entering into the Agreement, Berlitz charges a registration fee designated to cover administrative costs.
The Client shall note that Berlitz uses the SaferpayTM platform to process payment transactions with third-party companies, particularly Telekurs Card Solutions GmbH. The third-party companies involved shall be stated during the ordering or payment process. The terms and conditions of business of these third-party companies shall apply in addition to Berlitz's terms and condition of business. Payment of the price shall take place by credit card or direct debit using SaferpayTM.
The Agreement between the Client and Berlitz is used also as an invoice. A separate invoice shall be issued only upon the Client's specific request. Each accepted payment shall at all times settle the invoice which has the earliest due date, unless the Client explicitly determines otherwise.
If within a six (6)- month period as from entering into the Agreement a Client does disburse any lesson, Berlitz shall be entitled to adjust the course fees according to the currently valid Berlitz price list. In such case the Client shall be informed about the adjusted course fee by the management of The Berlitz Language Center.
5. Refund of the Course Fee, Registration Fee and the Amount Charged for Learning Materials
If the consumer withdraws from the Agreement pursuant to Article 3 of these Conditions, Berlitz shall refund to the consumer without undue delay all payments accepted pursuant to the Agreement, except for those payments covering relevant study materials accepted and already used by the consumer or covering other services disbursed by the consumer.
In other cases the Client is not entitled to refund of the paid registration fee and the Client may not claim refund of payments for already accepted study materials. All paid but not disbursed lessons shall expire twelve months after the end of the last lesson taken, unless the Contractual Parties agree in writing otherwise.
6. Types of services
6.1. Individual tuition
The plan of individual tuition shall be based on an agreement between Customer and a responsible officer of the Berlitz learning centre, and not on an agreement between Customer and an instructor. Customer seeking individual classes may reorder his planned lessons and agree upon substitution of his lessons by 14 o'clock on the previous working day. Any changes relating to Monday classes must be reported by 14 o'clock on Friday previous week. The planned, but not realized lessons that were not properly reordered within the agreed term, must be reimbursed in full.
6.1.1. Total Immersion, Sprint, Summer Immersion
For such type of tuition, the Agreement may be terminated at any time upon a 5 working days notice. In case the Agreement shall be terminated, Customer shall have the right to demand the remuneration for all the lessons that he has already paid for, but not drawn on, if these lessons fall into the term following the term of notice. The curriculum must be planned before the beginning of classes. Any changes to the confirmed schedule must be done at least 10 working days before the confirmed start of the course. If the change to the schedule is done less than 10 working days but more than 2 working days before the confirmed start of the courses 1 full day of tuition must be reimbursed in full. In case of changes less than 2 days before the confirmed starting day 2 full days of tuition must be reimbursed in full.
- Total Immersion - language course comprising at least 60 lessons.
- Sprint - language course comprising at least 45 lessons per week.
- Summer Immersion - language course comprising 20/40 lessons per week.
6.1.2. Individual tuition Express/Individual tuition Classic
For such type of tuition, Customer may terminate the Agreement before the first lesson begins upon a 5 working days notice. If the Agreement shall be terminated within that term, Customer shall be obliged to pay Berlitz a cancellation fee of 20% out of the total price of the individual tuition course.
- Individual classes Express - this language course comprises at least 36 lessons that have to be realized within 3 consecutive weeks. During this 3-week term, the course may be rescheduled according to the conditions of individual tuition.
- Individual classes Classic - this language course comprises at least 36 lessons that have to be realized within 6 consecutive weeks. During this 6-week term, the course may be rescheduled according to the terms of individual tuition.
6.1.3. Individual tuition Premium
For such type of tuition, Customer may terminate the Agreement before the beginning of the first lesson upon a 5 working days notice. Upon the commencement of classes, Customer shall have the right to terminate the Agreement upon a 4 weeks notice. But Customer shall be obliged to pay Berlitz a cancellation fee of 20% out of the total price of the individual tuition course. The Agreement shall be made for a period of 18 weeks, with specification of the term of Agreement.
6.2. Group tuition
Berlitz shall have the right to relocate Customer to a different group if it considers such relocation fruitful for Customer and/or the group. The Agreement may be freely terminated no later than 4 weeks before the beginning of classes. Upon the commencement of classes, the Agreement may not be terminated and Customer shall have no right for the price of the paid, but not drawn on lessons to be reimbursed.
When the group tuition is in progress, the following conditions shall be in effect:
The classes Customer is unable to attend by reason of illness, vacancy or his engagements at work, must be reimbursed in full.
The Agreement may be terminated as of the end of the respective month, but not earlier than 3 weeks after the commencement of classes, provided the 4 weeks notice of termination shall be adhered to.
Berlitz shall also have the right to terminate the Agreement with immediate effect, if Customer does not comply with his financial obligations and fails to make any payments under the Agreement.
In the event that Customer shall continue attending the classes and draw on more classes than the Agreement stipulates, the term of Agreement shall be deemed extended according to the conditions of the tuition that shall be in effect upon extension of the term of the Agreement.
For each group, a minimum number of participants shall be determined. If that number is not reached, the commencement of classes shall be postponed until the minimum number of participants shall be found or the number of requested lessons shall be reduced without any effect on the payment terms (flexible alteration of classes).
Berlitz shall have the right to terminate the group tuition or reduce the number of lessons relating to a particular group, even though the minimum number of participants shall not be reached. If Berlitz terminates the group tuition, it shall fully reimburse the price of all of the cancelled lessons to the Berlitz customers.
If only one participant enrols in the course, the commencement of the course shall be postponed, unless the participant chooses an individual tuition.
6.2.1. Semi Private/Mini Group
This language course is designed for 2-3 participants and comprises at least 42/48 lessons
6.2.2. Group for 5-9 participants
The courses are designed for the above-mentioned number of participants and comprise at least 60 or 30 lessons (in case of Summer Group courses 25 lessons). If the set number of participants shall not be reached, the number of lessons shall be reduced, without any effect on the particular conditions of the course, as follows (flexible alteration of classes):
- 4 participants: 50 or, 25 lessons respectively (25 for Summer Group Courses)
- 3 participants: 40 or, 20 lessons respectively (20 for Summer Group Courses)
6.3. Company group courses
The minimum number of participants in a group is 2, the maximum number is 10.
In the event that upon the commencement of classes Customer increases the number of students in a group to 7 or more, but up to 10 at most, Berlitz shall reserve the right to alter the number of lessons with regard to the level of knowledge that is to be achieved. Customer agrees to pay for the lessons that were agreed afterwards upon a subsequently issued invoice. Customer undertakes to provide suitable rooms at its premises for the tuition. Representative of the company may reorder his planned lessons and agree upon substitution of his lessons by 14 o'clock on the previous working day. Any changes relating to Monday classes must be reported by 14 o'clock on Friday previous week. The planned, but not realized lessons that were not properly reordered within the agreed term, must be reimbursed in full.
6.4. Berlitz Online - CyberTeachers and Phone lessons
CyberTeachers provided a flexible personal approach to interactive language learning programs based on the license that is valid for 3, 6 or 12 months. The user shall obtain the login information through an email when having paid for it. The program CyberTeachers shall be combined with Individual Phone lessons. Individual Phone lessons are in the program CyberTeachers scheduled within the pre-arranged intervals. Customer may reorder his planned phone lessons and agree upon substitution of his lessons no later than 6 hours before the scheduled lesson. License is not transferrable and all pre-paid phone lessons have to been taken within the validity of the license. The phone lessons will take place via fixed landline or Skype without any surcharge. Phone lessons via mobile phones are not possible.
6.5. Berlitz Testing - Berlitz Online Proficiency Test (BOPT) and Berlitz Proficiency Interview (BPI) and TOEIC
The time to perform BOPT/BPI/TOEIC shall be ordered and determined upon an agreement and mutual consent of Customer and Berlitz. BOPT shall take 90-100 minutes, BPI shall take 20 minutes, TOEIC shall take 120 minutes. Customer shall have the right to change the time of performance or cancel the planned BOPT/BPI by 14 o'clock of the working day prior to the planned day of performance. Customer shall have the right to change the time of performance or cancel the planned TOEIC upon a 4 weeks notice. In such cases Customer shall have the right of redemption of the purchase price. In case of later cancellation or Customer's unavailability for Berlitz, the purchase price shall not be redeemed.
6.6. Live tuition through Internet (Berlitz Virtual Classroom - individual tuition and Berlitz Virtual classroom - company group tuition)
Live tuition through Internet (Berlitz Virtual Classroom - individual tuition and Berlitz Virtual Classroom - company group tuition) shall be governed by the same rules as an individual tuition or a company group tuition, except for rescheduling/cancelling policy, where all planned lessons can be rescheduled and agreed upon substitution by 13 o'clock on the previous working day. Any changes relating to Monday classes must be reported by 13 o'clock on Friday previous week. The planned, but not realized lessons that were not properly reordered within the agreed term, must be reimbursed in full..
6.7. Conditions of the Berlitz courses Study Abroad
An individual tuition may commence at any time throughout the year. An individual tuition may be cancelled not later than 5 working days before the beginning of the course. Otherwise Berlitz shall invoice the costs of one whole day of tuition. Cancellation of a stay in a host's family must not be made later than two weeks before the stay begins. In case of later cancellation, Customer shall be obliged to pay a cancellation fee equivalent to the costs of one-week stay. The return journey and traveller's policy shall be agreed separately. The tuition fee, costs of the stay and the transportation cost shall be redeemed not later than 4 weeks before the commencement of classes.
6.8. Berlitz Global Leadership Trainings (GLT) and Berlitz Shorties
An individual or a company group tuition may commence at any time throughout the year. An individual or a company group tuition may be cancelled not later than 10 working days before the beginning of the course. In case of later cancellation or Customer's unavailability for Berlitz, the purchase price shall not be redeemed.
The Client agrees that during the term of the Agreement and for six (6) months following its termination the Client shall not enter into a contract with any current or former employee of The Berlitz Česká republika, s.r.o., the subject-matter of which would be foreign language instruction. In case of a breach of this duty the Client shall pay to Berlitz a contractual penalty amounting to CZK 50,000 for each individual case of such breach.
Work/study materials provided by Berlitz are protected by copyright and may not be copied and/or used for commercial purposes, whether in part or in whole, without consent granted by Berlitz.
Berlitz reserves the right to stop at any time the services provided through www.berlitz.cz web pages in the entire or partial extent, without giving a reason for such interruption, and the user acknowledges and agrees therewith. In such case Berlitz shall not pay any damages and/or compensation for lost profit.
9. Berlitz Web Pages
Berlitz operates its own web pages: www.berlitz.cz; Berlitz, however, does not assume any liability for accessibility of such pages.
10. Personal Data Protection
Information about clients, or, as the case may be, about other individuals (natural entities) shall be kept for the purpose of internal processing and for the purpose of pursuing own promotion activities by Berlitz, all that in compliance with Act No. 101/2000 Coll., on Personal Data Protection, as amended. The Client, or, as the case may be, another individual (natural entity) hereby grant his/her consent to processing of their personal data for the purpose of Berlitz promotion activities and consent to use of their electronic contact information for the purpose of sending commercial messages (via SMS, e-mail etc.) upon the Agreement execution and/or during the language instruction, such consent is granted voluntarily, for a time-limited period and may be revoked at any time. At the same time, the individual (natural entity) has the right to be informed about the extent of data processed in relation to him/her and about the purpose of the processing. The individual (natural person) may revoke the consent pursuant to this section by sending a notice to Berlitz Schools of Languages spol s.r.o., Karlovo náměstí 10, Prague 2, 120 00, fax number: +42(0) 225 952 554, e-mail: email@example.com
11. Competent Court
The only competent court in any dispute relating to the Agreement concluded with Berlitz shall be the District Court for Prague 2, on the condition, however, that the petitioner is an entrepreneur or a legal entity pursuant to the public law. In all other cases the competent court shall be determined according to the law.
12. Final Provisions
These Conditions are governed by the laws of the Czech Republic.
Any and all amendments to the Agreement must be made in writing. If any individual provision of the Agreement becomes invalid, Berlitz shall have the right to replace such invalid provision with a valid provision having a similar effect. Should this prove impossible, the Contractual Parties shall act pursuant to legal regulations.
13. Liability and Warranty
All timetables approved by the Berlitz Language Center are subject to availability of the individual teachers. The Berlitz Language Center agrees to take maximum possible efforts in order to arrange for a substitution for an absent teacher. Clients are not entitled to claim a lesson with a specific teacher. Berlitz agrees to offer replacement lessons or programs for all lessons or courses which had to be cancelled due to a reason on the part of Berlitz. If such replacement is not possible, Berlitz will immediately inform the Clients and will refund all course fees for paid yet undisbursed lessons in the end of the course. A change in the teacher's person may be a part of the Berlitz method and it does not give the Client the right to cancel or withdraw from the agreement. Berlitz shall not be liable for a failure by students to achieve their respective study goals, or, respectively, a failure to achieve the study goals of the individual courses.
Berlitz Česká republika spol s.r.o., Na Poříčí 26, Prague 1, 110 00, fax number: +42(0) 257 136 020, e-mail:firstname.lastname@example.org
These Conditions shall become effective in connection with Agreements entered into as from September 2012