GENERAL TERMS AND CONDITIONS BLUE ELEPHANT, S.R.O.
(BERLITZ FRANCHISE CENTRE)
Blue Elephant s.r.o. (Berlitz Franchise Centre), ID.: 35 934107, TAX ID:2022151175, VAT ID: SK2022151175, registered in the Commercial Register of the District Court Bratislava I., Section Sro, Insert No. 35928/B, registered office: Rusovská cesta 46,48 851 01 Bratislava (hereinafter referred to as the “Provider”) is a provider of language education services for natural persons and commercial companies (hereinafter referred to as the “Interested Party”).
1. Application for a language course / Contractual relationship
The contractual relationship between the Provider and the Interested Party arises
• by writing and submitting an online registration application on http://www.berlitzbratislava.sk
• signing the contract directly at the Provider’s registered office or sending the signed contract by e-mail.
The Interested Party is bindingly registered by fulfilling point a. or b. and is entitled to participate in the language course that he/she has chosen. The maximum validity of the course is 12 months from payment unless otherwise agreed. Other claims, such as damages, are excluded.
• The Interested Party undertakes to pay tuition fees before the course starts through the E-shop, using a payment card or by transfer to the Provider’s account held at Tatra Banka.
.• Account number: SK3311000000002623100779 / TATRSKBX
• Payment note: Name and surname (or business name) of the Interested Party
• Variable symbol: Invoice number /Contract number/ Application number.
• The Interested Party has the right to make a financial settlement, only based on a written request, after the termination of the contract. The request must be sent in writing and addressed to email@example.com
3. Cancellation terms and conditions:
Withdrawal from the contract by the Interested Party:
• Withdrawal from the contract (cancellation of the registration application) is possible without a cancellation fee within 8 calendar days before the start of the selected course. If the Interested Party has already paid for the selected course, he/she will be refunded the full amount paid.
• In case of withdrawal from the contract (cancellation of the registration application) later than 7 calendar days before the start of the course or cancellation of the language course before he/she has contractually committed the number of lessons, the Provider charges a cancellation fee of one month’s tuition fees, or a minimum of 150 euros. The request for cancellation of the course must be sent by e-mail to the financial manager at firstname.lastname@example.org.
• Unused paid lessons can be transferred to a third party based on a valid and current price list, followed by a written notification from the Provider.
• In the case of a children’s group course with a duration of the whole scholastic year (September to June), it is possible to cancel the course valid from 1st of February without cancellation fee by delivering a written notice no later than 6th of January of the current calendar year.
Withdrawal from the contract by the Provider:
• The Provider reserves the right to withdraw without any compensation from the contract with the Interested Party who, by his/her actions, disrupts the course, endangers the property, health of course participants, lecturers, employees, or the Provider himself.
• If the Interested Party does not pay for the selected course within the specified deadline, the Provider is entitled to withdraw from the contract with immediate effect and, at the same time, issue a financial statement to the Interested Party.
4. Terms and conditions for individual courses:
• Individual courses take place in the form of live or online teaching, in a client-lecturer system.
• Lesson appointments can be cancelled or moved ONLY and exclusively through the schedule application– see point 8, letter a.
5. Terms and conditions for DUO group courses:
• DUO courses are attended by two clients.
• The client may cancel or move the lesson only by mutual agreement of both members of the group. If one of the members does not attend the teaching session, the lesson is considered to have been taught and is charged normally.
• Lesson dates can only be cancelled or moved by contacting the schedule coordinator – see point 8, letter a.
6. Terms and conditions for group courses:
• The group is attended by a minimum of 3 and a maximum of 6 participants. For pedagogical reasons, the student can be transferred to another group. School management is entitled to cancel groups with fewer students than the minimum number of students (3) in the group if the school management fails to replace the missing participants in the group within two weeks. In this case, payments will be limited to the lessons taught or the overall schedule of the number of lessons will be changed.
• Group course dates are fixed and cannot be moved or changed.
.• In group courses, the client cannot cancel or postpone the lesson as a single entity, which means that the lesson cannot be replaced or refunded.
7. Terms and conditions for online courses:
• Online courses take place via available communication internet applications (Skype, Zoom, MS Teams, Viber, Messenger, WhatsApp). Zoom is the preferred application for online teaching. The Interested Party is obliged to provide the Provider with his/her username if the application requires it. If the client does not have any of the above applications available, he/she is obliged to install it in agreement with the Provider at least one day before the start of the course.
• Online courses are available for group, duo or individual classes. The terms and conditions for group or individual online courses are the same as in points 4, 5 and 6.
8. Rights and obligations of the Provider:
• The Provider is obliged to provide a substitute lecturer if the assigned lecturer is unable to teach the lesson, is on official leave or for other reasons. Berlitz is not obliged to inform clients about the substitute lecturer if their lecturer is absent for a short time.
• For pedagogical as well as other personal reasons, a lecturer may be replaced during the school year. Berlitz informs the client about this change (in person, by phone or by e-mail) no later than the day of the replacement of the lecturer.
• The Provider is not responsible for any personal belongings which clients might forget in classrooms or on school premises.
9. Rights and obligations of the Interested Party:
• The client arranges and sets the schedule exclusively through the schedule application or by contacting the schedule coordinator. For organizational reasons, it is not possible to negotiate and change the lesson plan with the lecturer.
.• One lesson lasts 45 (forty-five) minutes, including a 5-minute break. The minimum lesson time is 2 consecutive sessions of 45 minutes with a minimum lesson time of 90 minutes. If the lesson takes place on the Provider’s premises, a minimum of 60 minutes of teaching may be agreed.
• Individual or DUO lessons can be requested or cancelled no later than 2:00 p.m. on the previous working day (no later than 2:00 p.m. on Friday). The client is obliged to pay for the agreed teaching hours which are cancelled after this deadline, and also any lessons agreed upon or cancelled without consulting the schedule coordinator.
• In case the client is late for the lesson, the lecturer is obliged to wait in the classroom during for one teaching session of 45 min from the beginning of the lesson. After 45 minutes, the lecturer is no longer obliged to wait. If the client does not show up but informs Berlitz within 45 minutes that he will show up for the rest of the lesson, the lecturer will wait for the client at the same location. The missed session is then charged as if it had been taught.
• Each participant takes a final level test. After successful completion, the participant receives the Berlitz Certificate, which is an international certificate of knowledge of the language valid worldwide. The client will receive a certificate only after passing the final level test and after paying all the costs associated with the course.
• The Interested Party has the right to report any request, dissatisfaction, or complaint directly at the reception or in the form of an email to the Provider through the “ARF” form, where the application or complaint will be recorded. The Provider will inform the Interested Party about the outcome and any solution, or the result of the investigation of the complaint.
.• The Interested Party undertakes not to contact the lecturers, suppliers or employees of the Provider with a proposal for cooperation outside the Provider during the period of the contract as well as for 6 months after the end of the teaching and shall not contact the lecturers, suppliers or employees of the Provider with a proposal for cooperation outside the Provider and shall not enter into any contract or oral agreement regarding services related to the subject matter of the Provider’s business. In the event of a breach, the client is obliged to pay the Provider a contractual penalty of EUR 2,000 for each such violation.
.• The client agrees with the presence of a school representative or with the presence of a recording device at any teaching facility for the purpose of quality control of teaching.
.• The client undertakes to observe silence in the school premises during the teaching process in view of the ongoing educational process.
.• The Interested Party undertakes not to freely distribute and provide third parties with the teaching materials of the Provider, or third-party teaching materials, thereby infringing copyright.
10. Non-working days and public holidays
• Teaching does not take place during non-working days and public holidays.
• If the Interested Party is interested in taking a language course during non-working days or public holidays, this is possible by mutual agreement with the Provider.
11. Personal data protection
• With his/her signature, the client provides consent to the processing of personal data (name, surname, address and date of birth) for the purposes of issuing a Certificate, drawing up a contract, invoice, etc., and declares that he/she has become acquainted with the Information on the Personal Data Processing under Act No. 18/ 2018 Coll. on Personal Data Protection.
• With his/her signature, the client gives consent to the sending of information regarding courses by e-mail.
12. Terms and conditions for the use of Discount Products:
• The discount applies only when purchasing the product or language course up to the date specified for each discount product or course.
• The purchased language course can be attended no later than the date specified for each discount product or course.
.• After the deadline referred to in point b., it is not possible to secure a timetable for organizational and capacity reasons.
• Discounts cannot be combined with other discounts or special price conditions.
• In the case of a discount offer with a repayment schedule, the Interested Party is obliged to pay individual instalments within the agreed deadlines according to a written or electronic offer from the Provider. In case of non-compliance with the repayment schedule, the Provider may proceed to the application of full non-payment prices. The repayment schedule can only be used for special discount products that are marked by the Provider in this way.
These General Terms and Conditions are valid from March 1, 2020.
GENERAL CONDITIONS APPLICABLE TO DAILY LANGUAGE CAMP
1. The parent shall complete the online application form. Once completed, the application becomes binding. For the cancellation, the following point 13 should be followed. 13.
2. The parent shall also be obliged to complete a questionnaire on health status and allergies and a declaration of a non-infectious status of the child, which shall include an attached copy of the health insurance card of the insured person – participant of the Daily Language Camp.
3. The parent confirms that the participant attending the Daily Language Camp is in excellent health. If the registered participant becomes ill, the parent announces the absence of the participant in the daily language camp in writing or by mobile phone and proceeds according to point no. 13.
4. The parent is obliged to immediately report this information to the contact person in case of quarantine or positive testing for Covid-19.
5. Every Monday morning between 8:30 AM and 9:00 AM, the registration of the participant takes place at the place of the daily language camp. Registration as well as a week-long day camp will take place at the address (Gerulatská 74/13, 851 10 Rusovce). The arrival of children and teenagers at the place of the language camp will take place daily for the duration of the camp between 8:30 AM and 9:00 AM. Berlitz is not responsible for the child if the parent brings him/her in before 8:30 AM.
6. Daily foreign language teaching consists of 4 lessons (1 lesson = 45 min). The daily language camp for children and teenagers is between 8:30 AM and 4:30 PM with a lunch break between 12:30 AM- 1:30 PM and an afternoon program until 4:30 PM.
7. Teachers in a daily language camp shall divide participants into groups (up to 10 students) according to language skills and age. Basic approximate division of age categories: 7-11 years and 12-16 years.
8. Each day, the participant shall bring to the daily language camp: age-appropriate writing utensils: pens, coloured pencils, a workbook or notepad, a yoga mat and a water bottle. We recommend comfortable clothing and sports shoes for children. The diet includes morning snacks, lunch and afternoon snacks and a drinking regime throughout the day.
9. The departure of children and teenagers back home is at 4:30 PM from the place of the daily language camp. After 4:30 PM, Berlitz is not responsible for the child.
10. Form of payment online:
payment by card (Mastercard and Visa)
payment by transfer (to our Tatra Banka account)
internet banking (Tatra Pay, Sporo Pay, Unicredit e-payments, VÚB,
Poštová banka, ČSOB…)
11. In the event of illness or other serious reasons for not attending the Berlitz daily language camp, the participant may be moved to another date (week) during the period.
However, if the parent does not have the ability to move the participant to another date, it is necessary to proceed according to the cancellation conditions specified in point 13. 13.
12. The application for the daily language camp can be cancelled no later than 14 calendar days before its official start with a cancellation fee of EUR 35. In case of cancellation in the period less than 14 calendar days before the start of summer school, the cancellation fee is EUR 65 or the client can use the credit from the purchased product (daily language camp) for another type of course or transfer to another person/student, but it needs to be used by December 31, 2021, at the latest. Cancellation of the contract must be made by e-mail to email@example.com. The cancellation of the contract becomes valid on the date of receipt of written notice to the specified e-mail address.
The cancellation fee will be deducted from the balance of the unused value of the daily language camp.
13. COVID guarantee – if the child/parent is quarantined or tests positive at the time of the daily language camp, he/she is not subject to the cancellation policy and credit from the purchased product (daily language camp) can be used for another type of course or transferred to another person/student, but drawn no later than 31.12.2021, or request a refund by sending a request to firstname.lastname@example.org, together with a confirmation of positive COVID-19 testing.
14. By binding application and payment, the parent agrees that if his/her child grossly violates the conditions of classes – consumption of inappropriate drinks, such as drinking energy drinks, disrespecting lecturers, harming other children, the lecturer can remove such a child from the daily language camp and send him/her home at the child’s parents’ own expense and without claiming damages and tuition refunds.
15. By binding application and payment, the parent agrees to the processing and subsequent use of personal data by Blue Elephant, s.r.o. for internal purposes related to the organization of the daily language camp.
16. By binding application and payment, the parent agrees to post photos of his/her child on the Berlitz website and Facebook page to promote the school’s activities.
17. The parent declares that the data filled in the binding application and in the health, questionnaire are complete and true.
18. Upon signing, the parent agrees with the processing of personal data provided pursuant to Act no. 18/2018 Coll. on Personal Data Protection, as amended.
Contact person: Johana Hermannová, +421 904 845 374, email@example.com
These General Terms and Conditions are valid From the 1st of June 2021