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Terms and conditions of business for online transactions at Berlitz Language and Business Training S.à.r.l

1. Scope of terms and conditions

The following terms and conditions of business of Berlitz Language and Business Training S.à.r.l - hereinafter referred to as Berlitz - established and having its registered office 89-93 Grand-rue, L-1661 Luxembourg, shall form the basis of contracts concluded regarding all services/products offered on the website www.berlitz.lu , in particular language lessons, Berlitz Business Seminars, language holidays, Kids+Teens Camps and similar items.

The Berlitz web pages are aimed at companies and both private and commercial users (hereinafter referred to as Users). Our terms and conditions of business apply to consumers and companies. Consumers as defined in these terms and conditions of business are natural persons, who sign contracts for their own or family members.
The terms and conditions of business for Users shall only apply if Berlitz has expressly given its written consent to their application.

The terms and conditions of business for Users shall only apply between Berlitz and the client until the latter receives written confirmation by e-mail of Berlitz's express approval of the conclusion of the contract.

It should be noted that certain services/products may be subject to their own respective terms and conditions or registration conditions. Separate reference will be made to these in conjunction with the relevant service/the relevant product where appropriate.

2. Concluding a contract

The contract partner shall register/order the relevant service/the relevant product by clicking on the "Book" button and confirming this booking. The User shall thus make a legally-binding offer to order the service requested/the product requested from Berlitz. Berlitz shall accept this offer by sending a confirmation email. When the confirmation email is accessed by the User, the contract between Berlitz and the User shall come into force.

All timetables and schedules agreed by Berlitz are subject to the availability of the appropriate teaching staff. Berlitz shall always strive to find a substitute for any absent teacher. Customers are not entitled to be taught by a particular teacher. Berlitz shall offer replacement lessons or programs for any teaching units (TU) or programs which had to be cancelled. In cases where this is not possible, Berlitz shall inform the User immediately and refund any lessons paid for but not delivered, at the end of the course. A change in teacher may be part of the Berlitz Method, and does not entitle the customer to cancel or to withdraw from the contract. Berlitz accepts no responsibility for the non-achievement of specific course-related language goals. Guidelines published by Berlitz regarding the number of lessons required to reach a particular level are based on many years of experience, but may differ from the actual requirements in individual cases.

3. Right to withdraw/cancelation

The User may withdraw from their contractual declaration, within 7 days after receiving Berlitz's confirmation, in writing (e.g. letter, fax, email), without stating their reasons. The notice period shall generally begin on conclusion of the contract. Sending the withdrawal before expiration of this period shall be deemed sufficient for adhering to the withdrawal period. If the User has started the course/the first lesson has been held, the right to withdraw shall not apply.

Withdrawals must be sent to:
BERLITZ LANGUAGE AND BUSINESS TRAINING, 89-93, Grand-Rue, L-1661 Luxembourg, or by fax to 00352- 26 97 60 75, or by e-mail to Shop-cancellation@berlitz.lu .
Where products/teaching materials are delivered, the period shall not begin before the day on which they are received by the User.
The right to withdraw notwithstanding, the customer shall pay for services that have already been used.

4. Price details

The prices at the time of ordering shall apply to the relevant services/products. The prices listed on www.berlitz.lu include the statutory value-added tax. Certain services/products are exempt from value-added tax.
The price details for teaching and materials shall be quoted subject to the customer being placed in the appropriate course. If the placement differs from the actual requirements, there may be changes to the prices.

5. Terms of payment

The relevant applicable prices can be found in the relevant service/product description at www.berlitz.ch. The User undertakes to pay this price. Payment shall be due on registering for/ordering the service/the product.
The User shall note that Berlitz uses the SaferpayTM platform to process payment transactions with third-party companies, particularly Six Multipay AG. 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 conditions of business.
Payment of the price shall take place by credit card using SaferpayTM.

6. Conditions for language tuition

6.1. Tuition conditions
One lesson is 40 minutes long. Each lesson is followed by a five-minute break. The customer agrees to the occasional observation of lessons by an instructional supervisor, in order to monitor the quality of the teaching staff delivering the lessons in question.

6.2. Payment conditions
Berlitz levies a registration fee for each individual tuition contract to cover administrative costs. The customer is obliged to pay the tuition fee in addition to the registration fee at the very latest prior to the start of the first lesson. If payment via installments has been agreed, the first installment shall be due at that time. All teaching materials must be paid in full immediately upon receipt. The contract between the customer and Berlitz also doubles as the invoice. A separate invoice shall only be issued if specifically requested by the customer. All payments received are taken as payment against the oldest unpaid invoice unless specifically instructed otherwise. If a contract has remained dormant for more than six months without the customer making use of any lessons, Berlitz shall be entitled to adjust the price in line with its general pricing policy. In this case, the Berlitz Language Center Management shall inform the customer accordingly.

6.3. Total Immersion/Private Instruction
The individual schedule shall be agreed upon between the customer and the management or reception staff at the Berlitz Language Center, not between the customer and teaching staff. Customers unable to attend a booked lesson must inform the Berlitz Language Center management/reception by 2 p.m. on the day prior to the planned lesson. Customers unable to attend a lesson scheduled for a Monday must inform the Center by 2 p.m. on the preceding Friday at the latest. Customers shall be charged for any lessons that were not cancelled, or which were cancelled too late. Lessons that have been paid for but not used may be assigned by the customer to third parties, provided that the Berlitz Language Center is informed in writing. The contract may be terminated with five working days' notice. In the event of a cancelation, the customer shall be entitled to demand a refund of any lessons paid for in advance but not taken. This applies to lessons which would have been outstanding after expiry of the notice period.

6.4. Special Private Instruction offers
These limited special offers are restricted to a minimum of 20 lessons, whereby the course can be booked for individuals or a group of two. The respective booking and tuition periods can be found in the relevant information at www.berlitz.lu .
The individual schedule shall be agreed upon between the customer and the management or reception staff at the Berlitz Language Center, not between the customer and teaching staff. As this is a special offer, lessons scheduled previously cannot be cancelled or postponed. The customer shall be charged for any untaken lessons.
The fees for the lessons booked and the learning materials shall be paid in full prior to the start of the first lesson.

6.5. Group Tuition
The start dates can be found in the information at www.berlitz.lu . Berlitz shall be entitled to move a customer to a different group for instructional reasons, if such a move is deemed to be beneficial to the progress of either the customer or the group. The contract may be cancelled free of charge up to four weeks prior to the start of the course. A cancelation fee of 20% of the total course fee for group instruction shall be levied on cancelations which take place after this deadline, but which are made prior to the start of the first lesson.
While courses are in progress, the following regulations apply: lessons which a customer is unable to attend (due to illness, vacation, job commitments, etc.) must still be paid for. Cancelation is not possible while courses are running. If the customer does not fulfil his financial obligations and falls into arrears, Berlitz is also entitled to terminate the contract with immediate effect. Notice of termination must be given in writing. In the event that the customer continues to take lessons over and above the number of contracted lessons, this shall be viewed as an extension of the contract in accordance with the conditions applicable at the time of the extension.

Berlitz Kids: Should a child disturb the lessons in such a way as to make it impossible for lively and stimulating instruction to take place for the other children, the course management shall be entitled to bar the child from further participation in the children's program. In this case, Berlitz will refund all lessons paid for but not taken.

6.5.1. Minimum number of participants for a group
Each group has a minimum number of participants. If this is not reached, the number of lessons required will decrease whilst the payment conditions remain the same (flexible lesson adjustments). The number of lessons is based on the relevant Berlitz level.
The group courses are categorized as follows:

Semi-private:
2 participants: 50 lessons
1 participant: course postponed or optional private instruction

Group Tuition:
4-5 participants: 60 lessons
3 participants: 55 lessons
2 participants: 50 lessons
1 participant: course postponed or optional private instruction

Berlitz has the right to terminate a group or decrease the number of lessons for group instruction if the minimum number of participants is not achieved. If a group course is terminated, Berlitz shall be obliged to give customers a full refund for all cancelled lessons.

6.6. Company Training
The maximum group size is 10 participants. The conditions applying to private instruction also apply to all in-house company training.

6.7. Entitlement to refunds
All lessons paid for but not taken shall be forfeited twelve months after the last lesson taken. No course fees for any lessons which have been paid for but not taken shall be refunded. Special written agreements between the customer and Berlitz are possible. No refunds for pre-paid lesson materials received by the customer, nor registration fees, shall be granted.

7. Conditions for Berlitz Study Abroad

Private instruction and the semi-private programs shall be offered all year round. In the event that no second booking is made for a semi-private program, Berlitz reserves the right to conduct this program as private instruction at the agreed price (i.e. 3 teaching hours per day plus self-learning). Private instruction may only be cancelled at least two working days before the start of the course. Otherwise, Berlitz shall invoice for the costs of one full day of tuition. Semi-private lessons must be cancelled at least two weeks prior to the start of teaching. In this event, any tuition fees already paid will be refunded. Cancelations of a stay with a host family must be made two weeks prior to the start of the stay; in the event of late cancelation, a cancelation fee of the cost of one week's stay shall be due for payment. Outward and return travel and travel insurance shall be arranged independently. The fees for tuition, host family and transfer shall be paid at least 10 days before the start of teaching.

8. Conditions for Berlitz Language Camps

8.1. Registration
Registrations shall be processed and confirmed in the order in which they are received. It is not possible to make a verbal pre-booking. On registration, the full payment is due.

By registering, parents/guardians also undertake to pay the travel expenses in full prior to the start of camp. If Berlitz does not have proof of payment for the travel expenses prior to the start of camp, the child cannot attend. Berlitz shall still be entitled to payment for the travel expenses.

8.2. Withdrawal/cancelation
Reference is made to the right to withdraw in accordance with Section 3 of these terms and conditions of business. There shall also be a right to withdraw for up to four weeks before the start of camp. Notification of withdrawal must be made by the parent/guardian in writing and sent to Berlitz Kids & Teens, Berlitz Language and Business Training, 89-93, Grand-Rue, L-1661, Luxembourg, or by fax to 00352 26 97 60 75 or by e-mail to Shop-cancellation@berlitz.lu, whereby it shall be deemed effective on receipt by Berlitz. In the event of an effective withdrawal, a deposit of 150€ shall be retained. Any other additional payments shall be refunded. In the event of withdrawal later than four weeks prior to the start of camp, a refund cannot be guaranteed.

The booking can be transferred to another person as long as this person meets all the conditions to stay at the camp. The transfer has to be reported 5 workings days before the starting date of the camp. This person and the original contract partner are both liable for travel costs and the course fees as well as for additional costs generated be the transfer.

8.3. Interruptions/cancelation of stay
We do not guarantee any refund for services or payments not used for children who interrupt or cancel their stay at the camp. If children have to leave the camp due to their own misbehaviour, a refund is also not possible. Children with infectious illnesses cannot continue their stay at the camp, thus avoiding the risk of infection for other participants as far as possible. If a child requires medical assistance during their camp stay, all additional costs, such as travel to doctors and hospitals or other medical help shall be paid by the parent/guardian. Where Berlitz has paid in advance, these costs shall be paid immediately upon presentation of the receipts. We expressly recommend that an individual travel cancelation insurance policy is taken out.

8.4. Alternative Programme
The program for the camp can be found in the information at www.berlitz.lu . If a specific, individual service is not possible due to force majeure (e.g. bad weather), Berlitz reserves the right to offer a replacement program on an individual case basis. The camp may not be cancelled due to the change in the program.

8.5. Liability
Berlitz assumes no liability for damages relating to participants or third parties, provided that this damage is through no fault or gross negligence of Berlitz supervisory staff. However, liability for minor negligence is excluded. It is recommended that the customer checks their liability and accident insurance (family insurance). Furthermore, Berlitz shall not be liable for loss, theft or damage to items that are brought into the camp. The parent/guardian shall pay the costs for any damage to any property of the camp accommodation or property of Berlitz that can be proven to have been caused by the behaviour of a child. As a precaution, we recommend that expensive electronic devices, jewellery or similar valuables are not brought into the camp.

8.6. Special Discount
In order to claim the special discounts, please send a copy of your membership card to Berlitz Luxembourg, by email, mail or fax.

9. Conditions for Berlitz Business Seminars

9.1. Seminar fees
Price details for Berlitz Business Seminars can be found at www.berlitz.lu . The attendance fee is due for payment at the time of booking, or by 14 days before the start of the event at the latest. This fee includes the costs of running the seminar, the work books and practice books and the drinks provided in the seminar room during the morning and afternoon breaks. For open seminars, the costs of lunch, including one non-alcoholic drink on the seminar days is also included in the fee.

9.2. Cancelation and rebooking
Reference is made to the right to withdraw in accordance with Section 3 of these terms and conditions of business. In addition, the following also applies: in the event of cancelation up to 3 weeks (21 days) before the start of the event, a processing fee of 150€ and, in the event of cancelation up to 2 weeks (14 days) prior to the start of the event, a processing fee corresponding to 50% of the tuition fees will be charged, each plus the statutory VAT. In the event of cancelations later than this, the full tuition fee shall be charged. Cancelations must be made in writing. Replacement participants may be named at any time.

It is possible for the participant to change their booking to other Berlitz seminars free of charge up until 4 weeks (28 days) prior to the start of the seminar, provided that places are still available. If this is not possible, the conditions for cancelations shall apply.

9.3. Accommodation and meal costs
The participant shall settle the costs of accommodation and meals with the hotel directly. Please see 9.1.

9.4. Cancelation of the seminar/change to the event program
Berlitz kindly asks for understanding that it must reserve the right to cancel an event for open seminars - e.g. in the event that speakers cancel, or due to insufficient participant numbers. Berlitz undertakes to inform participants about any cancelations or necessary changes to the program immediately and in good time before the start of the event. In the event that an event is cancelled, Berlitz shall refund any fees that have already been paid, to participants or will provide them with a transfer card on request. This transfer card shall enable them to attend a replacement event or another business seminar. Price differences will be settled accordingly, i.e. they shall either be refunded by Berlitz, or paid by the customer within 14 days after the change has been made. Any other claims are not possible, unless they relate to behaviour with intent or gross negligence on the part of Berlitz employees or its auxiliary persons.

Berlitz explicitly reserves the right to make any essential changes to the event program, event date, the speakers or the event venue in unavoidable and exceptional cases, and to a reasonable extent. In the event of this, Berlitz shall notify participants of the changes without delay.

9.5. Limitation of liability
Berlitz shall not be liable for any loss of or damage to items that customers bring with them, unless the loss of or damage to these item can be proven to be the result of intent or gross negligence on the part of Berlitz employees or its auxiliary persons. Customers are therefore asked not to leave any valuables or important materials unattended in the conference room during breaks.

10. Conditions for European Business Coach Training

10.1. Seminar fees
Price details for European Business Coach training can be found at www.berlitz.lu . The registration deadline is 6 weeks prior to the start of the seminars. The customer shall be notified of the exact location for the seminar in writing in good time before the start of the seminar. The seminar fees shall generally be due for payment at the time of booking. Arrangements can be made separately between the customer and Berlitz for payment to be made in installments.

10.2. Number of participants
The minimum number of participants per seminar is 8 people. Registrations shall be considered in the order in which they are received. If the minimum number of participants required is not achieved by the registration deadline, the seminar shall not take place. In this case, participants shall be notified in writing immediately. Any seminar fees that have already been paid shall be refunded without delay.

10.3. Withdrawal/cancelation
Reference is made to the right to withdraw in accordance with Section 3 of these terms and conditions of business.
In addition, the following also applies: In the event that a customer is unable to attend a seminar, the customer may withdraw their registration from the course by notifying Berlitz in writing by the registration deadline at the latest (3 weeks prior to the start of the seminar). The date on which the notification of withdrawal of registration is received by email, post or fax at Berlitz shall be used to determine whether the registration has been withdrawn on time. In the event of withdrawal of registration prior to the registration deadline, a cancelation fee of 500€ shall be charged. In the event of late withdrawal of registration up to 3 weeks prior to the start of the seminar, a cancelation fee corresponding to 50% of the seminar fees shall be charged. In the event of late withdrawal of registration, later than 3 weeks prior to the start of the seminar, Berlitz shall be entitled to charge the full seminar price. However, authorization to attend can be transferred to a substitute participant at any time. In this case, a processing fee of 500,-€ shall be charged.

10.4. Services
Services comprise the provision of the seminar in accordance with the seminar description at www.berlitz.lu. The relevant seminar shall be prepared and conducted in keeping with the current level of knowledge. Personal certification by DIN CERTCO to become a DIN-tested Business Coach, further reading materials, resources, accommodation and catering are not included in the seminar fees. Furthermore, customers are asked to make any hotel reservations required themselves and at their own expense.

10.5. Prerequisites for participation
Each individual customer shall be responsible for ensuring that they are physically and mentally able to take part in the seminar. No liability shall be assumed for any damages of any kind as a result of the unsuitability of the customer for the event, or as a result of not following the advice given. In the event of any ongoing medical treatment required due to physical or mental illness, the customer undertakes to provide a certificate from the doctor responsible for their treatment, stating that this poses no risk to their ability to take part. It is emphasized that the seminar is defined by a number of factors, including knowledge transfer and self-awareness, to different extents, but does not follow any therapeutic approach.

11. Copyright

The work materials provided by Berlitz are copyright-protected and may not be reproduced or used for commercial purposes, either in full or in part, without the consent of Berlitz and the relevant speakers. Berlitz reserves the right to discontinue the services provided on the website www.berlitz.lu either in full or in part at any time, without stating any reason. The User expressly recognizes this right. Berlitz shall not pay damages or compensation for any loss of profit in the event of this.

12. Links to third-party websites

The Berlitz website may connect to third-party websites either through links or other methods. Berlitz does not have any influence on the content of such websites and is not responsible for it. Berlitz distances itself from any websites that are of an offensive, unconstitutional, illegal or pornographic nature.

13. Data protection

User data shall be stored for internal processing and for Berlitz's own promotional purposes in accordance with legislation. If Users do not wish to be sent Berlitz information material, please notify Berlitz Language and Business Training, 89-93, Grand-Rue, L-1661, Luxembourg, tel: 00352-26 38 32 48, fax: 00352-26 97 60 75, e-mail: Shop-cancellation@berlitz.lu . Data will then be blocked. Reference is also made to the data protection regulations at www.berlitz.lu .

14. Liability and guarantee

Berlitz assumes no liability for the availability and accessibility of www.berlitz.lu . Berlitz accepts no responsibility for the non-achievement of specific learning and course-related goals. Berlitz shall also assume no liability for the cancelation of individual seminar modules due to force majeure. This does not affect the liability of Berlitz resulting from mandatory legal regulations.

15.Validity

In case one of the clauses in the terms and conditions of business is invalid, respectively any combination of clauses in the terms and conditions of business, BERLITZ is entitled to replace them by any other clause stating the same objective and with the client's written consent, who may only refuse the clause if it is clearly unfavourable to him.
The possible invalidity of one of the clauses in the terms and conditions of business does not result in the invalidity of the other clauses.

16. Court of jurisdiction

The sole court of jurisdiction for all disputes relating to contracts concluded with Berlitz is Luxembourg.

17. Final provisions

The laws of Luxembourg apply.
Any changes and additions to the contract must be made in writing. In the event that any individual provision in this contract proves invalid, Berlitz shall be entitled to replace it with a valid provision of similar purpose. If this is not possible, legal regulations apply.

18. Miscellaneous: Online platform (ODR platform) for out-of-court dispute resolution:

As an online retailer, we are obliged to refer you to the platform for online dispute resolution (ODR) from the European Commission. However, the ODR platform is not yet officially available. As soon as this is the case, we will display a link to the ODR platform here.

Berlitz Language and Business Training, 89-93, Grand-Rue, L-1661, Luxembourg, 1 September 2009



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