General Contractual Terms and Conditions Applicable to Online Sales
These General Contractual Terms and Conditions of Berlitz Česká republika, spol. s.r.o. (hereinafter "Berlitz", hereinafter the "Terms and Conditions") have the nature of business terms and conditions which are known to the Contracting Parties and attached to a draft Contract they are incorporated into the Contract concluded between the Customer and Berlitz via the Berlitz e-shop. Berlitz e-shop is operated by Berlitz on the www.berlitz.cz website (hereinafter the "web site") via the web site interface (hereinafter the "e-shop interface"). These Terms and Conditions lay the foundation of the Contract concluded for services offered by Berlitz, in particular, but not limited to, language instruction, business workshops, studying abroad, children summer language camps, etc. (hereinafter the "Contract"). Unless these Terms and Conditions expressly provide otherwise, these Terms and Conditions govern the contractual relationship regardless of whether the other Contracting Party is a consumer or an entrepreneur (hereinafter jointly referred to as the "Customer"). These Terms and Conditions, however, do not apply if there are specific contractual terms and conditions for a certain Berlitz service or if Berlitz expressly so states in writing in a specific case. Amendments to the Terms and Conditions can only be made upon an agreement between the Contracting Parties.
1. Basic Rules for Language Instruction:
A lesson period lasts 40 minutes and there is a five-minute break after each lesson period. The minimum amount of instruction in one instructional day is two consecutive lesson periods. Instruction will not take place on public holidays, unless agreed otherwise. All changes to the instruction plan can be made only by contacting Berlitz reception desk employees, either in person or by telephone on 736 627 262 or 273 136 015, or by e-mail sent to email@example.com.
Due to organizational reasons the Customer is not entitled to arrange or change his/her instruction plan with the teacher. The Customer is entitled, based on a written notification delivered to Berlitz (a form completed at the Berlitz reception desk), to transfer lesson periods that have been paid for but not yet used to a third party. The Customer agrees to the possible presence of Berlitz authorized representatives during lesson periods for the purposes of controlling the quality of instruction.
2. Conclusion of Contract
2.1 User account
2.1.1. Once the Customer registers at the web page, he/she can access his/her user interface. From his/her interface the Customer can order services (hereinafter the "user account"). If the e-shop interface allows it, the Customer can also order services without registration directly from the e-shop interface.
2.1.2. When registering at the web page and when ordering services the Customer shall provide all data correctly and truthfully. The Customer shall also update all data entered into the user account in order to maintain the account up to date. Data entered into the user account by the Customer and data entered to the order by the Customer are considered correct by Berlitz.
2.1.3. The user account is accessible by a username and a password. The Customer shall keep secret the information required to access his/her account.
2.1.4 Berlitz may cancel the user account, in particular when the Customer has not used his/her account for more than 1 calendar year or when the Customer does not comply with the Conditions of the Contract (including the Terms and Conditions).
2.1.5 The Customer takes into account that his/her user account may not be accessible at all times, in particular when Berlitz hardware and software products undergo necessary maintenance or when hardware and software products of a third party undergo necessary maintenance.
2.2. Contract Conclusion Procedure and Contract Origination
2.2.1. Descriptions of all services provided on the e-shop interface are purely informative and Berlitz has no obligation to conclude a Contract regarding these services. The § 1732 provision, par. 2 of the Czech Civil Code does not apply.
2.2.2. The e-shop interface contains information about services as well as the prices of individual services. The quoted prices include VAT and all respective charges. The prices remain valid as long as they are quoted on the e-shop interface. This provision, however, does not limit Berlitz to conclude a Contract with different, individually negotiated conditions.
2.2.3 In order to order a service the Customer fills in an order form on the e-shop interface. The order form contains information in particular about:
- ordered service (the Customer "inserts" the service into the electronic shopping cart featured on the e-shop interface)
- payment method
- potential costs of service delivery
(hereinafter jointly referred to as the "order").
2.2.4. Before submitting the order to Berlitz the Customer is allowed to check and change the data he/she has entered into the order, also in order to enable the Customer to detect and correct mistakes he/she has wrongfully entered while filling in the order. The order is submitted to Berlitz by the Customer once he/she clicks on the button "Confirm order". The information quoted in the order is regarded as correct by Berlitz. Shortly after receiving the order Berlitz will make a confirmation of the order delivery via e-mail which will be sent to the Customer's email-address stated in the user account or in the order (hereinafter referred to as the "Customer's e-mail address").
2.2.5. Receiving a confirmation e-mail from Berlitz does not mean that Berlitz has accepted the Customer's order and that the Contract has been concluded. The acceptance of the order from Berlitz as well as the conclusion of the Contract between Berlitz and the Customer will occur when Berlitz explicitly accepts the Customer's order, i.e. when Berlitz sends an acceptance e-mail to the Customer's e-mail address.
2.2.6. The Customer agrees to use means of remote communication when concluding the Contract. The expenses incurred to the Customer with using means of remote communication in order to conclude the Contract (cost of internet access) are paid solely by the Customer and they are not different from the standard rate.
2.2.7 The Contract is concluded for a definite period of time and information about the duration of the Contract will be featured on the student identity card issued by Berlitz. This student identity card is not transferable. The Customer undertakes to use all booked lesson periods within the duration of the Contract.
2.2.8. The Contract is written in Czech and the Terms and Conditions are written in English.
2.2.9. For the purposes of service intermediation, Berlitz stores information about the order as well as the data the Customer has entered. Together with the confirmation of the order, Berlitz will provide the Customer with all to be stored information regarding the order, personal data and other relevant information as well as these Terms and Conditions. Information about the order and personal data of the Customer are also accessible in the Customer's user account. Besides this, no other data concerning the Contract will be stored.
3. Withdrawal of Consumer from Contract when Contract Is Concluded Remotely and Consequences of such Action
3.1 The Customer, who is a consumer, is entitled to withdraw from the Contract concluded in a remote manner, i.e. when the two parties are not physically present, within 14 days of its conclusion, without giving a reason. To successfully withdraw from the Contract, the Customer must inform Berlitz about his/her withdrawal by sending a letter to Berlitz either by a provider of postal services or via e-mail. The Customer can make use of the attached withdrawal sample form but he/she is not required to use the form. To comply with the deadline, the withdrawal must be sent within the assigned period.
In the event the Customer withdraws from the Contract, Berlitz undertakes to return all payments it has received from the Customer, including potential delivery costs (apart from additional costs incurred because the Customer has chosen a type of delivery that is different from the cheapest standard delivery offered by Berlitz), with no unnecessary delay, no later than 14 days after Berlitz has received the Contract Withdrawal from the Customer.
To return the payments, Berlitz will use the same payment method as the Customer did for the initial transaction, unless expressly decided otherwise. In no case will there be other costs incurred to the Customer.
In the event the Customer expressly asked Berlitz to initiate the execution of the Contract before the end of the withdrawal period, the Customer undertakes to pay to Berlitz a proportionate amount of the agreed price for the execution of the Contract until the withdrawal.
3.2 Sample Contract Withdrawal:
(If you wish to withdraw from the Contract, please, fill in this form and send it to us)
Address: Berlitz Česká republika spol. s r.o., Na Poříčí 26, Prague 1, 110 00, e-mail: firstname.lastname@example.org,
I hereby announce that I withdraw from the Contract for the intermediation of the following services: ___________
Date of Contract Conclusion: __________
Name and Surname of Customer: ___________
Address of Customer: _____________
If you send your withdrawal by post, add your signature:
4. Terms and Conditions of Payment
The Customer shall pay Berlitz all fees (tuition fees, registration fees and the price of teaching materials) no later than 2 days before the start of his/her lessons, unless agreed otherwise in writing. The payment can be made by a payment card at the Berlitz reception desk or by a cashless bank transfer to the 123275004/2700 bank account. In the event of paying by a cashless bank transfer or a payment card, the payment shall be considered as concluded on the day the amount in question is credited to the Berlitz bank account. If there is an agreement on paying in instalments the first instalment, at least, shall be paid within this period (i.e. two days before the start of the instruction). The Contract between the Customer and Berlitz also serves as the invoice. A special invoice is issued only at the Customer's express request. Each received payment will be used to settle the invoice which is due first, unless the Customer expressly provides otherwise. If the Contract is not executed for a period of more than six months, during which the Customer does not attend any lesson, Berlitz is entitled to alter the price in accordance with its general price formation principles. In such case the alteration of the price is communicated to the Customer by the management of the Berlitz education centre.
The Berlitz price list valid at the time of ordering applies to all services, i.e. language instruction, business workshops; study abroad programs, children language summer camps, etc. Prices already include value added tax in the statutory amount. Information about prices for instruction and materials is always specified in relation to a specific course. If there is a change and the Customer is transferred to a different course from the one he/she has ordered, the price can be altered accordingly.
6. Types of Instruction
6.1 Individual Instruction
The schedule of individual instruction is determined by an agreement between the Customer and an authorised employee of the Berlitz education centre, not by an agreement between the Customer and the teacher. Customers attending individual lessons can re-book scheduled lessons and agree on a substitute date and time of these lessons always no later than by 14:00 of the previous business day. Alterations of the Monday schedule have to be announced no later than at 14:00 on Friday. Lesson periods which were scheduled but not attended and were not properly re-booked within the agreed deadline shall be paid for in full.
6.1.1 Total Immersion, Sprint, Summer Immersion, Winter Immersion
This type of individual instruction entitles the Customer to terminate the Contract by handing in a written notice at any time, with a notice term of five business days from delivery. By terminating the Contract with a notice, the Customer is entitled to request the reimbursement of all lessons that the Customer has paid for but not yet used, unless these lessons are in the period before the expiry of the notice term.
Instruction schedule shall always be agreed between the Customer and Berlitz before the start of the instruction. Berlitz will change the agreed schedule upon a written request of the Customer, delivered by the Customer no later than 10 business days before the scheduled start of the course. Berlitz is under no duty to comply with a Customer's request delivered later than specified in the previous sentence. If, however, Berlitz changes the instruction schedule at the Customer's request less than ten business days but more than two business days before the scheduled start of the course, the Customer shall pay Berlitz a handling fee equal to the fee for one (1) instructional day. As long as the Customer requests a change later than two business days before the scheduled start of a course, the Customer shall pay Berlitz a handling fee equal to the fee for two (2) instructional days.
- Total Immersion - a language course comprising at least 60 lesson periods
- Sprint Individual Teaching - a language course comprising at least 45 lesson periods a week
- Summer Immersion - a language course comprising 20/40 lesson periods a week
- Winter Immersion - a language course comprising 20/40 lesson periods a week
6.1.2 Express Individual Instruction/Classic Individual Instruction
In these cases the Customer is entitled to terminate the Contract with a notice period of five business days before the first lesson period has taken place. If the Contract is cancelled after this date the Customer shall pay a cancellation fee to Berlitz totalling 20% of the total course fee for individual instruction.
- Express Individual Instruction - a language course consisting of at least 36 lesson periods that has to be completed within 3 consecutive weeks. During these 3 weeks it is possible to alter the course schedule in accordance with the terms and conditions for Individual Instruction.
- Classic Individual Instruction - a language course consisting of at least 36 lesson periods that has to be completed within 6 consecutive weeks. During these 6 weeks it is possible to alter the course schedule in accordance with the terms and conditions for Individual Instruction.
6.1.3 Premium Individual Instruction
In these cases the Customer is entitled to terminate the Contract with a notice period of five business days before the first lesson period has taken place. After the instruction starts the Customer can terminate the Contract by giving a four weeks' notice. The Customer shall also pay a cancellation fee to Berlitz totalling 20% of the total course fee for individual instruction. The Contract is concluded for a period of 18 weeks and the validity period is marked.
6.2 Group Instruction
Berlitz is entitled to transfer the Customer to another group if Berlitz considers such transfer beneficial to the Customer and/or the whole group. The Contract can be cancelled up to four weeks before the start of the course. After the course starts, it is not possible to cancel the Contract and the Customer is not eligible for the return of the course fees for lessons that have already been paid for but not yet attended.
The following terms and conditions apply during the realisation of a group course:
- Lessons that a Customer cannot attend due to illness, holiday, work or other reasons on his/her part shall be paid for in full by the Customer and the Customer is not entitled to compensation for them.
- The Customer is entitled to terminate the Contract with a notice term of four weeks as of the end of the calendar month but no sooner than three weeks after the start of the course. The notice has to be delivered to Berlitz in writing.
- Berlitz is entitled to withdraw from the Contract or terminate the Contract without a notice term in the event the Customer does not meet his/her financial obligations and has any due payments under the Contract.
- In the event the Customer continues with a course and uses up more lessons than specified in the Contract, the Contract is extended in accordance with the terms and conditions valid at the time of the extension.
- Berlitz will stipulate a minimum number of participants for each group. If this number is not achieved, Berlitz is entitled to postpone the start of the course until it has the minimum required number of participants. Berlitz can also reduce the number of lessons while maintaining the course price as well as the terms and conditions of payment (flexible alteration of number of lessons).
- If the number of participants in a group falls under the required minimum during a course, Berlitz is entitled to reduce the number of lessons allocated to the group while maintaining the price of the course as well as the terms and conditions of payment, or completely terminate the instruction. In the event Berlitz terminates group lessons for a reason specified in this paragraph, Berlitz will return course fees to Customers for all lessons for the period after the instruction has been cancelled.
- In the event only one participant registers for a course, the start of the course is postponed to a later date, unless the participant opts for individual instruction.
6.2.1 Mini Group - Live Instruction
This language course is designed for 2 to 3 participants and comprises at least 42/48 lesson periods.
6.2.2 Mini Group - Combined Instruction
This language course is designed for 3 to 4 participants and comprises at least 20 live lesson periods and 40 e-lessons.
6.2.3 Group for 5 - 9 Participants
These courses are designed for the aforementioned number of participants and last at least 30 or 60 lesson periods (in the case of summer group courses the extent of instruction is 25 lesson periods). If the required number of participants is not achieved, there will be a subsequent reduction in the number of lessons while the price of the course and terms and conditions of payment remain unchanged (flexible alteration of number of lessons).
- 4 participants: 25 or 50 lesson periods (25 lesson periods for summer group courses)
- 3 participants: 20 or 40 lesson periods (20 lesson periods for summer group courses)
6.3 Company Group Instruction
The minimum number of students in a group is 2, the maximum is 10. If, after the lesson start, the Customer increases the number of students to 7 or more but no more than 10, Berlitz reserves the right to alter the total number of lesson periods in order that the agreed language level is achieved. The Customer undertakes to pay for any additionally agreed lesson periods based on an invoice issued by Berlitz. The Customer undertakes to provide for the course suitable space at his/her premises. An authorized representative of the Customer can re-book scheduled lessons of the group as a whole and agree on a substitute date and time no later than by 14:00 of the previous business day. Alterations of the Monday schedule have to be communicated no later than at 14:00 on Friday. Scheduled but not attended lesson periods that were not properly re-booked within the agreed deadline shall be paid for in full.
6.4 Berlitz Online - Cyber Teachers and Telephone Lessons
Cyber Teachers provides a flexible, personal approach to interactive language instruction programs based on a licence valid for 3, 6 or 12 months. The user receives the licence by e-mail following prior payment. The Cyber Teachers program can be combined with telephone lessons. Individual telephone lessons are scheduled in the Cyber Teachers program at pre-set intervals. The Customer can change or cancel scheduled lessons no later than 6 hours before the scheduled start otherwise the lesson has to be paid for in full. The licence is non-transferable and pre-paid telephone lessons have to be used up during the period of the licence's validity. Telephone lessons take place over a landline or Skype, without any charge. Telephone lessons cannot be performed using mobile telephones.
6.5 Berlitz Testing - Berlitz Online Proficiency Test (BOPT), Berlitz Proficiency Interview (BPI) and TOEIC
The order and scheduled time of the BOPT/BPI/TOIEC test is agreed and approved mutually between the Customer and Berlitz. The BOPT lasts 90 - 100 minutes, the BPI lasts approximately 20 minutes, and the TOEIC test lasts approximately 120 minutes. The Customer is able to change the time of or cancel the BOPT/BPI test no later than 14:00 on the business day before the day during which the test is scheduled to be taken. The Customer is entitled to change the time or cancel a scheduled TOEIC no later than four weeks before the day of the test. In such case the Customer is entitled to the return of the purchase price. In the event of a later cancellation or in the event Berlitz cannot reach the Customer, the purchase price will not be returned.
6.6 Live Instruction over the Internet (Berlitz Virtual Classroom - Individual Instruction and Berlitz Virtual Classroom - Company Group Instruction)
Live instruction over the internet (Berlitz Virtual Classroom - Individual Instruction and Berlitz Virtual Classroom - Company Group Instruction) is governed by the same rules as individual instruction or company group instruction, with the exception of re-booked lessons. Customers attending Berlitz Virtual Classroom can re-book scheduled lessons and agree on a substitute date and time always no later than by 13:00 of the previous business day. Alterations of the Monday schedule have to be communicated no later than by 13:00 on Friday. Scheduled but not attended lesson periods that were not properly re-booked within the agreed deadline shall be paid for in full.
6.7 Conditions for Berlitz Study Abroad Courses
Individual instruction can start at any time during the year. Individual instruction can be cancelled no later than five business days before the start of the course. Otherwise, Berlitz is entitled to invoice the costs of one whole instructional day to the Customer. A stay with a host family has to be cancelled two weeks before the commencement of the stay. In the event of a later cancellation the Customer shall pay a cancellation fee to Berlitz totalling the costs of a one week long stay. The Customer agrees to organize and pay the return trip and travel insurance separately. The fees for instruction, host family stay and transport are paid by the Customer no later than 4 weeks before the start of the course.
6.8. Berlitz Global Leadership Training (GLT) and Berlitz Shorties
Individual instruction or company group instruction can start at any time during the year. Individual tuition or company group instruction can be cancelled no later than 10 business days before the start of a course. Otherwise, Berlitz is entitled to invoice the course fees to the Customer in full.
7. Return of Course Fee
All lessons paid for but not used are forfeited twelve months after the last used lesson, unless the Customer concludes a special written agreement with Berlitz. The Customer is not entitled to the return of the paid registration fee and is not entitled to request the return of payments for teaching materials he/she has already received.
The Customer undertakes that for the duration of the Contract and for six months after its termination, he/she will not conclude a contract with any current or former employee of Berlitz Česká republika, spol. s r.o., the content of which would be foreign language instruction. In the event of a breach of this duty the Customer shall pay Berlitz Česká republika, spol. s r.o., a contractual penalty totalling CZK 50,000 for each case of such breach. Paying the contractual penalty does not affect the potential claim to compensation for damage.
Study materials provided by Berlitz are protected by copyright and cannot be duplicated or used for commercial purposes, whether in full or in part, without Berlitz's consent.
Berlitz reserves the right to, at any time, suspend services provided at the www.berlitz.cz website in full or in part, without giving a reason, and the Customer is aware of this. In such case Berlitz will not pay any damages or compensation for lost profit.
10. Links to Third Party Websites
Berlitz's website may be interconnected with third party websites, through links and in other ways. Berlitz in no way influences the content of such websites and is not liable for them. Berlitz distances itself from all websites that have aggressive, unconstitutional, unlawful or pornographic nature. Berlitz draws attention to the fact that special contractual terms and conditions may apply to the websites to which Berlitz may link.
11. Protection of Personal Data
Data about Customers or other natural persons is stored for the purpose of internal processing and for the purposes of Berlitz's promotional activities, in accordance with Act no. 101/2000 Coll., on protection of personal data, as amended. The Customer or another natural person gives his/her consent to the processing of his/her personal data for the purposes of Berlitz's promotional activities, as well as his/her consent to the use of his/her electronic contact details in order to be sent commercial messages (text messages, e-mails, etc.) upon the signature of the Contract or in the course of language instruction. Such consent is voluntary, limited in time to 5 years after the Contract termination and can be rescinded at any time. In addition, the Customer, the natural person, is entitled to information about the extent of his/her processed data and the purpose of data processing. Natural persons can rescind their consents in accordance with this article by sending a notification to the following address: Berlitz Česká republika, spol. s r.o., Na Poříčí 26, Prague 1, 110 00, e-mail: email@example.com. Further information about the rules for personal data protection can be obtained at www.berlitz.cz.
12. Liability and Guarantees
Berlitz does not accept any liability for the availability and accessibility of the www.berlitz.cz website. Berlitz does not recognise any liability for non-achievement of specific study goals students may set for themselves or study goals for individual courses. Berlitz also does not accept any liability for the cancellation of a study programme due to force majeure. This shall not affect Berlitz's liability resulting from binding legislation, Berlitz bears liability for defective performance in the sense of § 1914, as amended and § 2099, as amended and Act no. 89/2012 Coll., Civil Code.
13. Out-of-Court settlement of Consumer Complaints and Court with Jurisdiction
13.1. Consumers can contact the Czech Trade Inspection Authority with a complaint, motion or question. You can refer to http://www.coi.cz/cz/spotrebitel/prava-spotrebitelu/ in order to get detailed information about the scope of control powers the Czech Trade Inspection Authority has.
13.2. The only court with jurisdiction in any dispute related to a Contract concluded with Berlitz is the municipal court designated to Berlitz in accordance with valid legislation, provided the other party is an entrepreneur or a legal entity in accordance with public law. In other cases it applies that the court with jurisdiction is the court stipulated by the law.
14. Concluding Provisions
The Terms and Conditions are governed by the law of the Czech Republic, in particular by the Act no. 89/2012 Coll., Civil Code. In the event any provision of these Terms and Conditions becomes invalid, Berlitz is entitled to replace it with a valid provision with an identical or a similar purpose. If this is not possible, the parties will act in accordance with the legislation in force.
Berlitz Česká republika, spol. s.r.o., Na Poříčí 26, Prague 1, 110 00, tel.: (+420) 273 136 015, mob.: (+420) 736 627 262, e-mail: firstname.lastname@example.org, Internet: www.berlitz.cz
These Terms and Conditions become valid and come into force on 10 October 2014.