General Contractual Terms and Conditions Applicable to Online Sales
These General Contractual Terms and Conditions applicable to standard sales of Berlitz Schools of Languages, 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: 225 952 2550-1 - 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 Schools of Languages spol s.r.o., Karlovo náměstí 10, Prague 2, 120 00, fax number: +42(0) 225 952 554, e-mail: shop-cancellation@berlitz.cz . 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. Kinds of Instruction
6.1 Private Instruction (One-on-One Courses)
The private instruction scheme is determined upon agreement between the Client and an authorized officer of The Berlitz Language Center, and not upon an agreement of the Client and the teacher. Clients taking one-on-one courses may reschedule already planned lessons and agree on a substitution lesson time and date at all times by 2 p.m. of the preceding business day. Any modifications relating to Monday courses must be reported by 2 p.m. on Friday at the latest. Any scheduled but not attended lessons which were not rescheduled within the agreed deadline must be paid for in the entire extent.
6.1.1 Total Immersion, Intensive Full Day, Intensive Half Day, Sprint Private (One-on-One) Courses
In case of this type of private instruction the Agreement may be terminated upon a notice submitted at any time upon a notice period of five (5) business days. In case the Agreement is terminated, the Client may claim refund of all language instruction lessons for which the Client already paid but which have not yet been disbursed, provided, however, that such lessons fall within the scope of period after the notice period expiration.
- Total Immersion - the language course consists of at least 60 lessons taught over five (5) consequent business days. The instruction must be scheduled in advance and can not be rescheduled
- Intensive Full Day - the language course consists of at least 40 taught over five (5) consequent business days; the instruction must be scheduled in advance and can not be rescheduled
- Intensive Half Day - the language course consists of at least 25 lessons taught over five (5) consequent business days; the instruction must be scheduled in advance and can not be rescheduled
- Sprint Private Instruction - the language course consists of at least 20 lessons per week; the instruction must be scheduled in advance and can not be rescheduled
6.1.2 Express Private (One-on-One) Courses / Classic Private (One-on-One) Courses
As regards these courses, the Client may terminate the Agreement before the first lesson is taught, upon a notice period of five (5) business days. After the instruction starts, the Agreement may not be terminated and in such case the Client is not entitled to refund of the course fees paid for yet undisbursed lessons.
- Express Private Instruction - the language course consists of at least 36 lessons to be taught over four (3) consequent weeks. Modifications of the course schedule can be performed during the three-week period in compliance with terms and conditions applicable to private instruction.
- Classic Private Instruction - the language course consists of at least 36 lessons to be taught over eight (6) consequent weeks. Modifications of the course schedule can be performed during the six-week period in compliance with terms and conditions applicable to private instruction.
6.1.3 Premium Private (One-on-One) Courses
- As regards regular private courses, the Client may terminate the Agreement before the first lesson is taught, upon a notice period of five (5) business days. After the instruction starts, the Client may terminate the Agreement upon a four (4)-week termination period. The agreement is closed for the period of 18 weeks. Modifications of the course schedule can be performed during the whole period in compliance with terms and conditions applicable to private instruction.
The Agreement shall be concluded for a definite period of time to be specifically determined therein.
6.2 Group Instruction
The date of group courses beginning is determined by Berlitz. The course schedule is fix and can not be rescheduled. Berlitz may transfer the Client to another group if Berlitz deems such transfer as beneficial for the Client and/or the whole group. The Agreement may be terminated for no charge up to four week's deadline before the course commencement date. If the Agreement is terminated after the above deadline but still before the first lesson is taught, the Client shall pay to Berlitz a cancellation fee amounting to 20% of the total group course fee.
Throughout the term of the group courses, the terms and conditions stated further below shall apply:
- Lessons, in which the Client cannot participate due to his/her illness, vacation, work-related reasons etc., must be paid for in the entire extent.
- The Agreement may be terminated as of the end of a calendar month on the condition that the four (4)-week notice period is observed, but in any case three (3) months after the course commences at the earliest. The termination notice must be submitted in writing.
- Berlitz further has the right to withdraw from the Agreement with immediate effects if the Client fails to perform its financial obligations and has any arrears, including any arrears pursuant to different Agreements.
- If the Client continues attending a course and disburses a greater number of lessons than stipulated in the Agreement, such situation shall be deemed as the Agreement extension pursuant to the terms and conditions applicable to the language instruction valid at the time of such extension .
- A minimum number of students has been determined for each group. If such number is not achieved, Berlitz shall have the right to postpone the course beginning date until the minimum number of students is enrolled, or, as the case may be, Berlitz shall reduce the number of lessons upon simultaneous preservation of the payment conditions (flexible modification of the number of lessons).
- Berlitz has the right to cancel the group course or reduce the number of lessons pertaining to a specific group in case that the minimum number of students in a group is not achieved. If Berlitz cancels the group course, Berlitz shall refund the course fees for all cancelled lessons in the entire amount.
- If only one (1) student enrols in a course, the beginning of the course shall be postponed, unless the student opts for private instruction (one-on-one course).
6.2.1 Semi Private
The language course is designated for two or three students and consists of 48 instruction lessons.
6.2.2 Intensive Group
Language courses designated for groups of 5 to 9 students and at least 60 or 30 lessons of language instruction.
If the number of students decreases below the minimum permitted limit, the number of lessons shall be modified as follows:
- Three (4) students: 50 lessons respectively 25 lessons
- Three (3) students: 40 lessons respectively 20 lessons
6.3 In-Company Group Courses
The minimum number of students in a group is two (2); the maximum number of students in a group is ten (10).
For the case that the customer increases the number of students in a group to seven (7) and more - but in any case not more than ten (10) - after the instruction begins, Berlitz reserves the right to modify the total number of lessons with regard to achievement of the agreed language competence level. The customer agrees to pay for the additionally agreed number of lessons based on an additionally issued invoice.
The Client agrees to provide for suitable premises for the language instruction in its business place.
6.4 Berlitz Study Abroad - Course Conditions
Private instruction (One-on-One Courses) can be launched at any time during the year. Private instruction (One-on-One Courses) can be cancelled only five (5) business days before the course commences. Otherwise Berlitz shall charge costs for one whole day of language instruction.
The stay in a hosting family can be cancelled two (2) weeks before the scheduled stay beginning. In case of a later cancellation the Client shall pay a cancellation fee amounting to costs of a one-week stay. The return travel and travel insurance shall be agreed separately. The language instruction fee, charges connected with the stay in a family and travel costs shall be settled at least ten (10) days before the language instruction commences.
6.5 Classes for Children
A lesson has 60 minutes without a break (Sesame English) and 90 minutes with a five minute break (English Beat and Berlitz Teens). If required by circumstances, the teacher may order a five minute break also during a Sesame English lesson.
Courses are usually opened in September of the current year.
The Agreement may be terminated for no charge up to four week's deadline before the course commencement date. If the Agreement is terminated after the above deadline but still before the first lesson is taught, the Client shall pay to Berlitz a cancellation fee amounting to 20% of the total group course fee.
Throughout the term of the group courses the Agreement may be terminated as of the end of a calendar month on the condition that the four (4)-week notice period is observed, but in any case three (3) months after the course commences at the earliest. The termination notice must be submitted in writing.
A course with a number of students enrolled smaller than the minimum number, but in any case a course with at least three (3) children per group, may be opened only exceptionally upon prior consent of all parents of the students in the group. In such case, however, Berlitz reserves the right to modify the total number of lessons taught to sixty (60).
If during a school year the number of children in a group drops below the number stipulated as the minimum number, Berlitz reserves the right to modify the total number of lessons taught. Each remaining four (4) lessons will newly be replaced by three (3) lessons.
If a child disturbs in class so that instruction cannot be continued in a live and stimulating manner for all other children's benefit, the course management may expel such child from his/her further participation in the children's program. In such case Berlitz shall return the course fee for all paid but yet undisbursed lessons.
6.6 Terms and Conditions of the Berlitz Courses - Language Camps
6.6.1 Registration
Participants in the language camp are registered and confirmed in the order of received applications. The language camp reservation cannot be arranged orally. Registration is subject to the payment of a registration fee of CZK 3,000 and the remaining portion of the price must be settled six (6) weeks before the camp opening date.
6.6.2 Cancellation of Withdrawal from the Agreement
In addition to cases pursuant to Article 3 of these Conditions, a Client may withdraw from the Agreement no later than four (4) weeks before the camp opening date. A notice of withdrawal must be made by a parent in writing and it must be sent to the address: Berlitz Schools Of Languages spol. s r.o., Bozděchova 2, 150 00, Prague 5, via fax to the number: +42 (0)257 318 932 or via e-mail to the address: shop-cancellation@berlitz.cz. The notice shall be deemed as valid upon receipt by Berlitz. If the withdrawal is valid, the parent shall pay to Berlitz a cancellation fee amounting to CZK 3,000. Berlitz has the right to set off the parent's receivable from Berlitz arisen due to refund of the CZK 3,000 advance payment against the receivable of Berlitz from the parent arisen due to charging the CZK 3,000 cancellation fee. Any and all other payments shall be refunded. In case of a withdrawal from the Agreement at a later time than four (4) weeks before the camp opening, the course fee shall not be refunded.
6.6.3 Stay Interruption and Cancellation
We cannot guarantee refunding of services and/or payments which were not utilized by children in case they have interrupted or cancelled their stay. Identically, no refund can be provided if a child must leave the camp due to a lack of discipline. Children suffering from an infectious disease may not continue their stay in the camp in order to minimize the risk of spreading the infectious disease among other participants as much as possible. If a child needs health care during his/her stay at the camp, all extra costs including for example travel expenses for bringing the child to a GP or to a hospital or to another health care center shall be paid by the parent or guardian. Any payment to be made by Berlitz in advance shall be reimbursed immediately upon submission of relevant payment receipts. We specifically recommend entering into a separate insurance policy agreement covering the trip cancellation.
6.6.4 Substitution Program
The camp program can be found in the relevant folder at www.berlitz.cz. If a specifically designed camp program cannot be implemented due to impacts of force majeure, for example due to bad weather conditions, Berlitz shall have the right to offer a substitution program on a case-to-case basis. A change in the program shall not be a reason for the camp cancellation.
6.6.5 Liability
Berlitz does not assume any liability for damage to health or for other damage inflicted upon participants and/or third parties, unless such damage was caused by misconduct of the Berlitz accompanying staff. Liability for damage caused by a minor is excluded. We recommend our clients checking their respective damage liability insurance policies and injury policies (family insurance policy). Furthermore, Berlitz shall not be liable for any loss, theft or damage to things brought in the camp. Any damage to the property/things of the accommodation facility and/or to the assets belonging to Berlitz shall be paid by the parent or guardian of the child that evidently caused such damage. As a prevention measure we recommend refraining from bringing to the camp any precious electronic equipment, jewelry or any similar precious articles.
6.7 Berlitz Online - eBerlitz Self-Study, eBerlitz Tutoring, Berlitz Blended
Berlitz Online offers flexible personal access to interactive online language learning programs. The licence is valid for 12 months and is sent to the User by e-mail when payment is received. Berlitz Online offers combination of Berlitz Online with Private Instruction. Private lessons in Berlitz Blended programs are scheduled at pre-set intervals and may only be rescheduled within the same week.
6.8 Berlitz Testing - Berlitz Online Proficiency Test (BOPT) and Berlitz Proficiency Interview (BPI)
The BOPT takes 60-90 minutes, while BPI takes approx. 20 minutes.
6.8.1 Booking
The booking and scheduling of BOPT/BPI is agreed on between the User and Berlitz.
6.8.2 Cancellation
The User is entitled to reschedule or cancel a planned BOPT/BPI test by 14:00 of the working day before the scheduled appointment. If BOPT or BPI is cancelled by 14:00 of the working day before the planned test, Berlitz will refund the purchase amount. If cancellation is received later or if Berlitz cannot get through to the User in connection with the actual test, the purchase amount will not be refunded.
6.9 Live Tuition over the internet (Berlitz Virtual Classroom Individual Instruction and Berlitz Virtual Classroom Corporate Group)
Berlitz Virtual Classroom Individual Instruction and Berlitz Virtual Classroom Corporate Group have the same conditions as Individual Instruction or In-company group courses.
7. Other
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 Schools of Languages, 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.
8. Copyright
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: shop-cancellation@berlitz.cz
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 Schools of Languages spol s.r.o., Karlovo náměstí 10, Prague 2, 120 00, fax number: +42(0) 225 952 554, e-mail: shop-cancellation@berlitz.cz
These Conditions shall become effective in connection with Agreements entered into as from December 2009.
