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General terms and conditions of Berlitz Deutschland GmbH

1. Validity of standard terms and conditions
2. Conclusion of contract
3. Consumer withdrawal rights for distance selling contracts and for contracts concluded outside of business premises
4. Statements of prices and payment conditions
5. Special conditions for face-to-face tuition and the Berlitz Virtual Classroom
6. Special conditions for Berlitz Language Camps (Berlitz Sprachcamps)
7. Special conditions for training in the area of intercultural competence and management competence
8. Special conditions for Berlitz e-learning, blended learning and private instruction via telephone
9. Liability
10. Advertising
11. Final provisions

1. Validity of standard terms and conditions

1.1. The following general terms and conditions (“GTC”) of Berlitz Deutschland GmbH, Hahnstraße 68-70, 60528 Frankfurt am Main, Germany (hereinafter “Berlitz”), shall apply as a binding basis for all contractual relationships between Berlitz and the consumers and entrepreneurs who make use of products and services offered by Berlitz (hereinafter also referred to jointly as “users” or “customers”). A “consumer” is defined by Section 13 BGB (German Civil Code) as any natural person who enters into a legal transaction for a purpose that does not correspond with their independent professional work. An “entrepreneur” is defined by Section 14 BGB as any natural person, legal person or business partnership who or which in entering into a legal transaction does so in exercise of his or its trade, business or profession. Regulations of these GTC which are expressly designated as applying to entrepreneurs shall not apply to consumers.

1.2. Certain services and/or products offered by Berlitz can be subject to separate contractual and/or registration conditions as a result of which the regulations of these GTC are supplemented. These are referred to separately as applicable in connection with a given service or product. Such separate, special conditions which vary from these GTC shall take precedence over the regulations of these GTC.

1.3. The contract partner is Berlitz Deutschland GmbH, Hahnstraße 68 70, 60528 Frankfurt/Main, Germany unless another contract partner is expressly designated in special offers.

1.4. The contract language is German.

1.5. Conditions of purchase and other terms and conditions of commercial customers shall only apply if and insofar as their validity has been explicitly recognized by Berlitz in writing.

2. Conclusion of contract

2.1. If nothing else has been stipulated in these GTC for special offers, the offers from Berlitz on the internet and in catalogs constitute binding offers to the customer to conclude a corresponding contract with Berlitz. The customer can accept these offers by placing an order. When an order is placed on the internet, the contract is concluded when the customer’s order is sent to Berlitz.

2.2. Products in the Berlitz webshop can be seen in greater detail and with no obligation to purchase by clicking on the product name or on “Details”. The customer can place the product in the customer’s shopping cart by clicking “In the shopping cart”. The contents of the shopping cart can be viewed at any time and with no obligation to purchase by clicking “Shopping cart”. Products can be removed from the shopping cart by clicking “Remove” or changed while in the shopping cart by clicking “Update”. If the customer would like to buy or book all the products in the shopping cart, the customer should click “Continue” on the “Shopping cart” page. Then the customer should enter his or her personal data and select the means of payment. Finally, the customer should click on “Check and book” in order to check that all information has been entered and make any necessary corrections, delete and/or change data. Input errors can also be corrected by navigating backwards through the browser or aborting the order and starting from the beginning. The customer must accept the GTC and click on “Payment” to complete the order. By doing this the customer sends the order to Berlitz. The customer will then receive an order confirmation via email.

2.3. Berlitz stores the order and the order data that has been entered. The customer can access the order, including the GTC, via the order confirmation sent by email. The customer can also print both the order and the GTC before sending the order to Berlitz.

2.4. Furthermore, beyond the online order option via www.berlitz.de, a customer can also conclude a Berlitz instruction contract by signing one in a Berlitz center or sending the signed contract to a Ber-litz center by mail, fax or email, whereby this contract is provided by Berlitz and likewise provides for exclusive application of these GTC. Written instruction contracts state and describe the course or service being booked.

2.5. Times and appointments stated by Berlitz are agreed subject to availability of appropriate instructors. If an instructor is unable to keep an appointment, Berlitz shall try to find a substitute. Customers do not have the right to be taught by a particular instructor. If lessons or programs are missed, Berlitz shall offer substitute lessons and programs accordingly. Berlitz agrees that if this is not possible in a particular case, Berlitz shall notify the customer at once and upon completion of the program reimburse the customer for any and all lessons that have been paid for but not completed. A change of instructor can be part of the Berlitz method and does not entitle the customer to withdraw from the contract or cancel it. Berlitz is not liable if the customer fails to achieve a particular level of learning and educational success. The statements by Berlitz about the lessons needed to achieve a particular instructional objective are based on many years of experience and can differ from what is actually required in individual cases.

3. Consumer withdrawal rights for distance selling contracts and for contracts concluded out-side of business premises

Information on right of withdrawal

Right of withdrawal
You are entitled to withdraw from this contract within 14 days without stating any reason.
The withdrawal period is 14 days from the date the contract was signed.
To exercise your right of withdrawal, you must inform us (Berlitz Deutschland GmbH, Hahnstraße 68–70, 60528 Frankfurt, tel.: +49-69-6660890, fax: +49-69-666089222, email: shop-widerruf@berlitz.de) of your decision to withdraw from this contract in a clearly-worded declaration (e.g. by letter, fax or email). You may use the enclosed model withdrawal form for this purpose, however this is not obliga-tory. You also have the option of electronically filling in and submitting the model withdrawal form or any other clearly-worded declaration on our website, www.berlitz.de. If you use this option, we will immediately send you confirmation (e.g. by email) of receipt of your declaration of withdrawal.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We shall carry out such reimbursement using the same means of payment as that used by you for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you ask for the performance of services to begin during the withdrawal period, you shall pay us an amount which is in proportion to the services provided up to the point when you communicated to us your withdrawal from this contract, measured against the full scope of the contract.

Pursuant to Section 312g para. 1 of the German Civil Code (BGB), the right of withdrawal applies only to consumers and not to entrepreneurs. Moreover, this right of withdrawal applies to consumers only in the context of contracts concluded outside of business premises and so-called distance contracts, i.e. contracts which are negotiated and concluded between the entrepreneur or someone acting in his/her name or on his/her instructions and the consumer exclusively using means of distance com-munication, unless the contract is not concluded in the context of an organized distance sales or ser-vice-provision scheme (Section 312c para. 1 BGB). Means of distance communication are all means of communication which can be used to initiate or conclude a contract without the simultaneous physical presence of the contracting parties, including but not limited to: letters, catalogs, telephone calls, faxes, emails, mobile text messages (SMS), radio and television (§ 312c para. 2 BGB).

Model contract withdrawal form

(If you wish to withdraw from this contract, please complete this form and return it to us.)

To Berlitz Deutschland GmbH
Hahnstraße 68–70
60528 Frankfurt
Fax: +49-69-666089222
E-Mail: shop-widerruf@berlitz.de

  • I/We hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
  • Ordered on (*)/received on (*)
  • Name of consumer(s)
  • Address of consumer(s)
  • Signature of consumer(s) (only if this form is delivered in paper form)
  • Date

(*) Delete as appropriate.

4. Statements of prices and payment conditions

4.1. Berlitz services and products are charged at the prices that applied when the order was placed.

4.2. The prices stated on www.berlitz.de and in Berlitz catalogs are final prices and include statutory value added tax insofar as this tax is chargeable for the service or product in question. Face-to-face language instruction is exempt from value added tax in Germany (Sect. 4 no. 21a and 21b UStG (Val-ue Added Tax Law)) meaning no value added tax is charged in this case.

4.3. The applicable prices are derived from the description of the service or product on www.berlitz.de. The user agrees to pay this price. Payment is due when the service or product is or-dered.

4.4. Payment in the online shop can be made by direct debit to the customer’s bank account or by credit card. Payment for products or services booked via a Berlitz center can be made by bank trans-fer, direct debit, or in cash. Payment processing is handled by SIX Payment Services (Europe) S.A., Frankfurt (Main) Branch Office, Dreieichstraße 59, 60594 Frankfurt, Germany, using the platform SaferpayTM.

5. Special conditions for face-to-face tuition and the Berlitz Virtual Classroom

5.1. Conditions of instruction

A lesson has a duration of 40 minutes. Each lesson is followed by a five minute break. The customer agrees that an educational specialist employed by Berlitz may visit a lesson for the purposes of quality control.

5.2. Payment conditions

Berlitz charges a registration fee of maximum 55.00 Euros for each individual tuition contract for per-sonnel and administrative expenses. No registration fees are charged for language instruction booked through www.berlitz.de or for the Berlitz programs for kids and teens between the ages of 4 and 17 years.

The customer is obliged to pay the tuition costs stated in the offer as well as the registration fee, as applicable, before the beginning of the first lesson unless the instruction was booked online and other payment dates apply. In the case of an installment payment agreement, the first installment shall be due at that time. The remaining installments are automatically due every 4 weeks commencing on the date of booking. Payment for all instructional materials shall be due immediately upon receipt of the materials. The contract concluded between the customer and Berlitz also serves as a (recurring) invoice. Separate invoices are always issued for commercial customers; otherwise a separate invoice shall be issued at the customer’s express demand. Incoming payments shall always be set off against the oldest receivable insofar as nothing else is specified at the time of payment. If the customer allows the contract to rest for more than 6 months in that the customer does not take any lessons, then Berlitz is entitled to adjust the prices in the contract in line with the current prices. The customer shall be informed accordingly by Berlitz center management. Lessons that have been paid for but not taken shall be deemed to have been forfeited 3 years after the end of the year in which the right to take the relevant lessons began.

5.3. Total Immersion/ Private Instruction Premium/ Berlitz Happy Hour

The customer’s individual instruction schedule is drawn up by the customer and the management or reception desk of the Berlitz center, and not between the customer and the instructors. If the customer is unable to attend a lesson that has been scheduled, the customer is obliged to notify Berlitz center management by latest 2pm on the day before the scheduled lesson. If this lesson is to be held on a Monday, the customer must provide notification to this effect by latest 2pm on the Friday before. In the case of a lesson via Berlitz Virtual Classroom, notification of inability to attend must be received by latest 1pm on the previous day. If the customer does not keep an appointment for instruction without cancelling by this deadline, the lesson price will be charged to the customer. Lessons that have not been taken but have been paid for can be transferred by the customer to third parties via written notification to the Berlitz center. Cancellation of lessons is regulated by section 5.9 of these GTC.

When “Berlitz Happy Hour” individual instruction is booked, this instruction must be taken in a Berlitz center within the following time periods: Monday to Friday from 12 noon to 3.30pm or Saturday from 8am to 2pm.

5.4. Individual Instruction Compact

Instruction must be taken for a minimum of 20 lessons per week and these lessons must be scheduled in advance. All lessons and lesson materials must be paid for in full prior to the first lesson commencing. The customer may cancel the contract with written notice received at least 5 weekdays before the first lesson begins. Cancellation at a later date is not possible. Reimbursement of course fees for lessons that have been paid for but not taken is not possible if the contract is not cancelled on time.

5.5. Group Instruction

The starting times correspond to the information on www.berlitz.de. After consultation and in agree-ment with the course participant, Berlitz may move a customer into another group for pedagogical reasons if this is deemed to improve the learning progress of the whole group or of the individual customer.

Cancellation

An introductory orientation lesson which is scheduled with the customer takes place before the start of group tuition via “Berlitz Virtual Classroom”. Cancellation of group tuition via “Berlitz Virtual Class-room” is free of charge up to one day before the introductory orientation lesson takes place.

Cancellation of face-to-face group tuition is free of charge if it is made in writing at least 4 weeks before instruction begins. If the cancellation notice for a group course is received at a later date but before the first lesson begins, a cancellation fee of 20% of the instruction fee shall be charged. If the cancellation notice for a crash course (at least 20 lessons per week) is received at a later time, but at least 5 days before the first lesson begins, the cancellation fee shall be 50% of the instruction fee; otherwise, if the cancellation notice is received before the first lesson begins the cancellation fee shall be 70% of the instruction fee. The customer shall have the right to prove to Berlitz that the expenses saved by the cancellation provide justification for a significantly lower cancellation fee or for no cancellation fee. For face-to-face group courses which have already commenced, the following applies: If the customer is unable to take part in a lesson (for example due to illness, holiday or professional obligations), the instruction fees must be paid. The contract can be cancelled with a notice period of 4 weeks effective at the end of a month but at the earliest after the first four weeks of the course.

A termination of face-to-face group tuition without notice, either by the customer or by Berlitz, is possible only for good cause. If the customer does not comply with the payment obligations and is thus in default, then Berlitz is entitled to cancel the contract without notice. Notice of cancellation must be provided in writing to be effective. If the customer continues to participate in lessons following the expiry of the agreed duration of instruction, then this shall be deemed to be an extension of the contract in accordance with the contractual conditions then current.

Minimum number of participants in a group:

Each group has a minimum number of participants. If this number is not reached, the number of les-sons required is reduced whilst the payment conditions remain unchanged (flexible lesson adjust-ment). The number of lessons refers to one Berlitz level in each instance.

The group courses are classified as follows:

Semi-Private
2 participants: 50 lessons
1 participant: 28 private lessons or course postponement

Business English Workshops
4-6 participants: 18 lessons
3 participants: 18 lessons
2 participants: 12 lessons
1 participant: course postponement

Intensive group
4-6 participants: 60 lessons
3 participants: 50 lessons
2 participants: 40 lessons
1 participant: 20 private lessons or course postponement

Educational leave
7-10 participants: 40 lessons (includes 5 project-work lessons)
4-6 participants: 40 lessons (includes 10 project-work lessons)
1-3 participants: course postponement or alternative course location

Virtual intensive group
3-5 participants: 48 lessons
2 participants: 39 lessons
1 participant: 18 private lessons or course postponement

Crashkurs
4-6 participants: 50 lessons
3 participants: 40 lessons
2 participants: 30 lessons
1 participants: 16 lessons Private Instruction or course postponement

Kids & Teens Kurse

One Week Course
7-10 participants: 60 lessons
6 participants: 50 lessons
4-5 participants: 30 lessons
1-3 participant: course postponement

Holiday Course
7-10 participants: 30 lessons
6 participants: 24 lessons
4-5 participants: 16 lessons
1-3 participant: course postponement

One Week Course (intensive group)
4-6 participants: 44 lessons
3 participants: 34 lessons
2 participants: 22 lessons
1 participant: course postponement

Holiday Course (intensive group)
4-6 participants: 30 lessons
3 participants: 24 lessons
2 participants: 15 lessons
1 participant: course postponement

Berlitz is entitled to dissolve a group or reduce the number of hours of group instruction if the minimum number of participants is not reached. If Berlitz dissolves a group, Berlitz is obliged to return the fees paid for lessons that were not held.

The following rule applies to group courses for kids and teens. If a child disrupts a course in a way that prevents the other children from participating in lively language tuition, then the course instructor is entitled to refuse this child future participation in the children’s program. In this case, all course fees for future lessons that have not been used but have already been paid for shall be reimbursed by Berlitz.

5.6. Corporate Group Premium

The group size for face-to-face language tuition shall not exceed 10 participants. For group tuition via “Berlitz Virtual Classroom” the group size shall not exceed 6 participants. The conditions regulated by item 5.3 apply to the entire company internal group.

5.7. Corporate Group Compact

The group size shall be a maximum of 6 participants. The instruction schedule per group includes a minimum of 60 lessons that must be used within 10 weeks. During these 10 weeks, appointments can be changed in accordance with the conditions that apply to “Individual Instruction Premium”. The com-pany can cancel the contract before the first lesson with a notice period of 5 working days; cancella-tion at a later time is not possible. Course fees for lessons that have been paid for but not used shall only be reimbursed if they are cancelled before the deadline.

5.8. Technical prerequisites to take part in tuition via “Berlitz Virtual Classroom”

In order to participate in tuition via Berlitz Virtual Classroom, the customer must have access to a fully functional headset and a broadband internet connection. The customer is responsible for ensuring that the technical requirements are met.

5.9. Cancellation, reimbursement claims

The instruction programs listed in item 5.3 can be cancelled in writing at the latest by 2pm on the day before the scheduled lesson or, in the case of instruction in the Berlitz Virtual Classroom, at the latest by 1pm on the day before the scheduled lesson. In these cases the customer may demand reim-bursement of course fees for lessons that have been paid for but have not been taken. This applies to lessons which would have had to be taken after expiry of the cancellation deadline.

Separate or differing written agreements between the customer and Berlitz are possible. Reimburse-ment of fees for lessons that have been paid for but have not been taken is excluded after expiry of the statutory limitations period. Reimbursement of the costs for teaching materials that have been paid for and delivered and reimbursements of registration fees shall also be excluded.

6. Special terms and conditions for Berlitz Language Camps

6.1. Parties to the contract and organizers of the camps

The parties to the contract are the below-mentioned organizer of the camp and the legal guardian who signed the registration form authorizing the child’s participation. Therefore the legal guardian who signed the form is the ‘customer’ within the meaning of these terms and conditions. In registering the child, the customer confirms that all the child’s legal guardians consent to the child’s participation in the camp. Should this not be the case, the customer is liable to Berlitz for any resulting damage, loss-es and/or claims arising. Notwithstanding paragraph 1.3 of these terms and conditions, the contractual partner for the booking of language camps is the organizer of the camp in question. The organizer is determined as follows:

Camps in Germany, Ireland and Great Britain are conducted by Berlitz Deutschland GmbH, which is your contractual partner in these cases. Berlitz Language and Business Training S.à.r.l. is the contrac-tual partner for camps conducted in Luxembourg. The Berlitz Schools of Languages AG is the contractual partner for camps conducted in Switzerland.

6.2. Payments

Payments for online bookings via www.berlitz.de must be made by direct debit or credit card, and payments for offline bookings via an agency must be made by direct debit or bank transfer. Credit card payments are only possible for the full amount. Upon conclusion of the contract and following receipt of the guarantee certificate pursuant to Sect. 651k par. 3 BGB, a down payment of €165.00 per participant is due and will be credited against the total price of the travel package. The down payment must be made to Berlitz within one week of receipt of the travel confirmation with guarantee certificate. If the holiday is booked less than 6 weeks before departure, the entire holiday price is due for payment at this point. The remaining payment is due 6 weeks before departure without need for a further request for payment, unless otherwise agreed. The travel documents are sent by e-mail three weeks before departure provided the travel package has been paid in full. Berlitz assumes no liability if the travel documents cannot be sent on time because of delayed receipt of payment. If the customer does not make the down payment or fails to make the remaining payment within the aforementioned due deadlines, Berlitz is entitled to withdraw from the contract after making a payment demand with set deadline on pain of refusal of further performance, and to charge withdrawal costs to the traveler pursuant to section 6.5.

The customer does not have any right to receive the travel documents or to make use of travel ser-vices until the travel package price has been paid in full.

6.3 Subject matter of the contract

The subject matter of the contract is the legally binding participation in the language camp offered according to the descriptions contained in the Berlitz camp catalog and on the Berlitz website (www.berlitz.de).

In the event that changes and variations in individual services from the agreed content become nec-essary after the conclusion of the contract and are not brought about by Berlitz contrary to good faith, such changes and variations are permitted as long as they are not extensive, do not significantly alter the overall service and do not impair the offer of the trip as a whole. Berlitz agrees to inform the customer of all changes and variations to the services agreed and the reason for the change without culpable delay upon becoming aware of them. Any warranty claims remain unaffected, should any amended services be faulty or incomplete. In the event of necessary, extensive changes or variations to individual services, the customer is entitled to withdraw from the travel contract without penalty. Alternatively, the customer may demand participation in another language camp of equal or greater value, provided that Berlitz is in a position to offer such an alternative language camp from its own range of offers at no extra cost to the customer. The customer must assert this right vis-à-vis Berlitz without culpable delay upon receipt of a declaration from Berlitz informing the customer of the change to the agreed service. This declaration by Berlitz informing the customer of the change must be made directly to the customer without delay as soon as Berlitz becomes aware of the reason that justifies the change.

Service providers (such as local language schools) and/or travel agencies are not empowered by Berlitz in any way to make assurances or to reach agreements that go beyond or contradict any of the statements in the service descriptions in the catalog or on the Berlitz website, or to modify any of the contents of the travel contract confirmed by Berlitz to the customer.

6.4 Duration of contract and cancellation

The duration of the contract is based on the content of the service description for the camp booked. Cancellation during the duration of the contract is only possible for good cause (extraordinary cancel-lation for a compelling reason within the meaning of Sect. 314 BGB). Good cause must be credibly demonstrated at the time of cancellation. Corresponding documentary evidence must be attached. If the trip is seriously hindered, endangered or impaired due to unforeseeable force majeure (e.g. ex-treme weather conditions at the course location) then both Berlitz and the customer may cancel the contract. If the contract is cancelled, Berlitz may demand reasonable compensation for the services that have been or must still be rendered in order to terminate the trip.

6.5 Withdrawal from the contract

Customer’s right of withdrawal

The customer may withdraw from the trip at any time before its commencement. The date on which Berlitz receives the notice of withdrawal is definitive. We recommend that the customer provide notice of withdrawal by means of a registered letter with proof of receipt to Berlitz Deutschland GmbH, Hahnstrasse 68–70, 60528 Frankfurt, Germany.

The customer is not obliged to pay the cost of the travel package if they withdraw from the contract. However, Berlitz may still demand reasonable compensation. This is determined on a pro-rata basis as follows:

  • Withdrawal at least 4 weeks before the agreed departure date: €165.00
  • Withdrawal less than 4 weeks before the agreed departure date: 100% of the price of the travel package
  • If the customer does not start the trip but did not issue a notice of withdrawal or cancellation: 100% of the travel package price.

In all cases, the customer is then at liberty to prove to Berlitz that the expenses and effort saved through the participant’s absence as well as other use of the travel services that thus became availa-ble justify a lower level of compensation or none at all.

Berlitz’s right of withdrawal

If the minimum number of 12 participating persons is not achieved, Berlitz may withdraw from the travel contract in accordance with the following provisions:

Withdrawal by Berlitz is possible up to 4 weeks before the agreed departure date. Berlitz is obliged to inform the customer once it has been established that the trip will not be held because the minimum number of participants has not been reached. In this case, Berlitz will send a notice of withdrawal to the customer without delay and the cost of the travel package paid by the customer will be refunded immediately. In the event of withdrawal by Berlitz because the minimum number of participants has not been reached, the customer may request participation in another language camp of equal or greater value, if Berlitz is able to offer such a camp from its own range of offers, at no extra expense to the customer. The customer must assert this right vis-à-vis Berlitz without delay upon receiving the notice of withdrawal by Berlitz.

Berlitz may cancel the contract after departure with immediate effect if a participant continually dis-rupts implementation of the contract despite receiving a warning from Berlitz or if the participant be-haves in violation of the contract to such an extent that immediate cancellation of the contract is justi-fied (extraordinary cancellation for a compelling reason within the meaning of Sect. 314 BGB). If Ber-litz is forced to cancel the contract for good cause, Berlitz retains its fundamental right to receive the travel price; however Berlitz must take into account the value of the expenses and effort saved through the participant’s absence as well as any revenues from other use of servicers not used by the participant, including any amounts credited to Berlitz by its service providers.

6.6 Language camp rules, interruption and premature termination of stay

Children and adolescents must comply with the camp’s house rules and follow the instructions of its supervisors. The consumption of alcohol or illicit drugs is strictly forbidden. We do not grant any refund for services that were not used or for payments already made for children who interrupt or terminate their stay in the camp prematurely for reasons for which Berlitz bears no responsibility. Children with infectious diseases cannot be allowed to continue their stay in the camp in order to avoid the risk of infecting other participants as much as possible. A refund is also excluded if a child has to leave the camp due to their own misbehavior. Should a child need medical assistance during their stay in the camp, all additional expenses such as for visits to doctors and hospital as well as for other required medical care are to be borne by the legal guardians. These costs are to be reimbursed immediately upon presentation of receipts insofar as they have been paid in advance by Berlitz. Berlitz strongly recommends taking out an individual travel cancellation and curtailment insurance policy before the commencement of travel.

6.7 Rebooking

If an enrolled course participant moves to another federal state of Germany in which the school vacation dates conflict with attendance at the camp, and if this is proved by presenting appropriate docu-ments, then a free rebooking for another camp which is held during the new school vacation period is possible, provided there are vacancies at this other camp. If there are no more suitable vacancies, the amount paid for the camp will be reimbursed.

6.8 Substitute programs

Information about the scope of services in the camp can be obtained online at www.berlitz.de. In the case that performance of a program item becomes impossible in a particular case due to force majeure (e.g. bad weather), Berlitz reserves the right to implement a substitute program. Cancellation of the camp because of such a change to a program item is not possible.

6.9 Warranty, remedy

If the trip is not provided in accordance with the contract and there is thus a deficiency in the trip, the customer is entitled to demand a remedy. Berlitz can refuse the remedy if this would involve disproportionate effort. Berlitz may also provide a remedy in such a way that substitute performance of equal or greater value is provided.

The customer may demand a corresponding reduction in the price of the travel package for the time during which the trip was not conducted in accordance with the contract. The travel price is reduced in accordance with the ratio of the full value of the defect-free trip as agreed at the time of sale to its actual value in view of the defect. There is no right to a reduction in price if the customer culpably omitted to notify Berlitz of the defect.

If the trip is seriously impaired as a consequence of a deficiency and if Berlitz does not provide any remedy within a reasonable period of grace to be set by the customer, the customer may cancel the travel contract in accordance with the statutory provisions. We recommend that the customer declare such cancellation by means of a registered letter with proof of receipt. A period of grace for providing a remedy may be dispensed with only if there is no remedy, or if Berlitz definitively refuses to provide a remedy, or if immediate termination of the contract is justified by a special interest on the part of the customer. As a result of such a cancellation by the customer, Berlitz loses its right to be paid the price of the travel package. However, Berlitz may demand compensation for the travel services that have already been rendered as well as for the travel services, if any, which are to be rendered in order for the customer to complete the trip. The amount of this compensation in relation to the original travel package price shall be calculated according to how much lower the value of these services is in relation to the value of the original entire package. However, the customer shall not be required to pay any compensation if these services are of no further interest to the customer after the contract is cancelled.
The customer may demand compensation for non-fulfillment without prejudice to their mitigation or cancellation rights unless the deficiency in the travel package is due to circumstances for which Berlitz bears no responsibility.

6.10 Limitation of liability

If Berlitz does not either intentionally or through gross negligence bring about a particular instance of damage or loss, Berlitz’s liability for contractual compensation claims not related to physical injuries shall be limited to three times the price of the travel package. The same shall apply even if Berlitz is liable for such damage or loss only because of a fault of one of its agents or executive employees.

Berlitz’s liability is also restricted to three times the price of the travel package in the case of compen-sation claims for property damage due to unlawful acts unless these claims are caused by intent or gross negligence.

Berlitz assumes no liability for damage to health or other injuries to participants or third parties unless these are to be attributed to conduct of Berlitz or its supervisory staff that is culpably in violation of their duties. The same applies to loss, theft or damage relating to items brought by a participant to the camp. Insofar as damage to property of third parties is to be attributed to culpable conduct of the participant, the customer in question shall be liable. This applies most especially to camp facilities and items brought into the camp by Berlitz. Thus the customer agrees to review his or her current third-party liability and personal accident insurance (family insurance) policies accordingly. Berlitz recommends, purely as a precaution, that expensive electronic devices, jewelry and similar valuables should not be brought into the camp.

7. Special conditions for training in the area of intercultural competence and management competence

7.1. Seminar fees

The participation fee shall be due following receipt of the invoice.

7.2. Cancellation and rebooking

Cancellation of a seminar shall be free of charge if notice is received at least 2 weeks before the sem-inar takes place. If the cancellation notice is received at a later date, the entire seminar fee shall be charged. The cancellation notice must be provided in writing to be effective. The customer shall have the right to prove to Berlitz that the expenses saved by the cancellation provide justification for a significantly lower cancellation fee or for no cancellation fee.

Free rebooking from one seminar to another comparable seminar is possible only up to 1 week (7 days) before the seminar begins and then only with the consent of Berlitz.

7.3. Cancellation of a seminar

Berlitz reserves the right to cancel any seminar due to a speaker cancellation. Berlitz shall undertake to inform the participants of cancellation without delay. In the event of a cancellation, Berlitz will reim-burse the fees that have already been paid.

8. Special conditions for Berlitz e-learning, blended learning and private instruction via telephone

8.1. General

In this product segment, Berlitz offers courses which are conducted by telephone and/or via the Inter-net (also called “services” in this section).

8.2. Participants

When placing an order, the customer states the names of the participants and assures Berlitz that these persons are aware of these GTC and shall adhere to them. The customer also expressly agrees to protect all access data and passwords in the customer area in such a way that unauthorized use of Berlitz services by third parties is impossible. Only those persons who are assigned a user name and a personal password shall be granted access to an online service. Berlitz does not grant its customers reimbursement for any licenses that are rarely used or not used at all.

8.3. Duration of the training, license and online audit

Once a contract has been signed or a purchase has been made in the online shop, the customer re-ceives an e-learning/blended learning license which shall be valid only for the duration of the course booked in the relevant contract. In the case of private instruction via telephone, the lessons must be taken by the latest 31st December of the following year after the license was purchased. Berlitz and Berlitz customers shall strive to ensure that the courses take place in a time period which corresponds to the pedagogical recommendation made by Berlitz.

Before an online training course commences, an online audit (an online placement test) must be com-pleted. Upon completion the level, goals and relevant professional content of the training shall be stipulated for each participant. The duration of the online audit is approximately 30 minutes.

8.4. Changes to the contract, reorganization of the course

Reorganization of telephone courses (change of course contents, of language or other similar chang-es) or the assignment of course units to another course participant is possible at any time at the cus-tomer’s request. Such a change is charged to the customer for the equivalent value of two telephone lessons. A license can only be transferred to another participant within 30 days of the original partici-pant being issued with the license. This is provided that the original participant has not yet completed the online audit or used the license.

8.5. Responsibility for technical prerequisites

Every participant is responsible for having the use of a computer and telephone connection that are in good working order and for keeping them properly serviced. Each participant shall bear the cost for the Internet connection needed to access Berlitz services. Berlitz accepts no warranty whatsoever that the services offered by Berlitz can actually be used with the computer or telephone of the participant.

8.6. Terms of payment

The price of telephone courses that have been booked through the NetPlanning organizational plat-form covers the costs of telephone calls to land line connections in the countries listed at upload/pdfs/countries_telephone.pdf. Skype can be used free of charge for all other countries. The customer shall be invoiced for any additional costs arising for courses in other regions or countries. These additional costs shall be calculated in accordance with the rates charged by the relevant telephone provider used by Berlitz and shall be stated on the Berlitz cost estimates and invoices. Interim changes in these rates shall be passed on to the customer.

In the event of a default in payment, Berlitz can suspend continuation of all ongoing orders without prejudice to the exercise of any other rights.

8.7. Courses via internet (e-learning and/or blended learning) − system requirements

The customer and its participants can access their course program 24 hours per day and 7 days per week through the Internet with their user name and personal password from any computer that is equipped with Internet access, the software Flash Player Version 9 or higher, any of the web browsers Internet Explorer 7 or higher, Firefox 3 or higher, Chrome 9 or higher, Safari 4 or higher, and the oper-ating systems Windows XP, Windows Vista, Windows 7, or Mac OS X 10.4 or higher. The Berlitz pro-grams do not work or work only with restrictions using the Netscape browser. The customer’s comput-er must also be equipped with a sound card (Sound Blaster® compatible), earphones or a loudspeak-er, and a microphone to ensure ideal use, in particular of multimedia functions.

The customer shall assume responsibility for the necessary technical equipment for all participants that he/she registers. Under no circumstances whatsoever can Berlitz or any of its agents be held responsible for the functional operation and maintenance of the computers in use and/or provision of computers which are properly equipped to follow the course through the Internet. The costs for the internet connection required to use the online language audit classification test, NetPlanning, courses through the Internet and/or the Online ReTest shall be solely borne by the customer.

The online training courses which Berlitz offers via the internet can require the participant to call up external websites or links which are not under the jurisdiction of Berlitz. Berlitz cannot be held respon-sible for any financial losses or other damage sustained by the customer or its participants when they leave the didactic context of the Berlitz service platform.

In the case of an interrupted connection for more than 48 hours on work days for which Berlitz bears responsibility, the service can be extended at the request of the customer for a corresponding period of time if the customer can prove this interruption occurred.

8.8. Organization of individual instruction via tele-phone

One telephone course unit lasts 30 minutes and can be booked by participants at all times. Course units begin at the start of every half hour (e.g. 7am, 7.30am, 8am, etc.). Participants shall plan their courses themselves using the “NetPlanning” reservation platform provided by Berlitz.

Telephone courses can be taken either by telephone or via Skype.

If the participant wishes to take lessons via Skype, he/she shall provide his/her Skype ID when making the lesson reservation. The participant shall confirm the Skype contact in order for the course instructor to contact the participant at the agreed time.

If the participant wishes to take lessons via telephone, the course instructor shall call the participant using the landline connection specified in the reservation placed in NetPlanning. Under no circum-stances may the participant call his or her instructor by telephone. Berlitz does not provide a telephone connection in order for a participant to take lessons via telephone. All customers shall be responsible for ensuring that the telephone systems they use for telephone courses are in good working order. If the customer is unable to participate, then he/she must cancel his/her reservation at least 6 hours before the originally agreed start of the lesson. This cancellation may only be made via the NetPlanning reservation platform. If this cancellation is not made at least 6 hours before the course start, or if a course is aborted after it has begun, then this course unit shall be deemed to have been delivered and shall be charged the customer accordingly. In this case, an email with notification that the course unit has been charged shall be sent to the participant.

8.9. Termination

Licenses in the e-learning product segment can only be terminated within 30 days of the customer receiving the access data and only if the license has not been used. The right of Berlitz or the custom-er to terminate immediately for good reason shall not be affected by this. Private instruction by tele-phone can be cancelled pursuant to section 5.9.

9. Liability

9.1. Berlitz shall only be liable for compensation for damages in cases of willful intent or gross negligence; however, Berlitz is also liable for negligent breach of essential contractual duties (cardinal duties), i.e. those duties for which a breach would endanger achievement of the purpose of the contract and with which the other party to the contract can normally rely upon being complied. However, in the case of a negligent breach of cardinal duties, Berlitz shall only be liable for foreseeable damages which are typical for this type of contract.

9.2. The above exclusions of liability shall not apply in case of loss of human life, bodily injury or damage to health. The provision of the German Product Liability Act shall remain unaffected by this clause. Exclusion or limitation of the liability of Berlitz shall also apply to the personal liability of its legal representatives, employees and other agents.

10. Advertising

Berlitz uses and processes the personal data of each customer for its own promotional purposes by sending the customer information about goods or services which are similar to those already ordered or booked by the customer. The customer may revoke permission to this use of his or her data at any time by sending an email with subject line “Datenschutz” to datenschutz@berlitz.de. The customer’s data shall then be deleted.

11. Final provisions

11.1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN convention on the International Sale of Goods (CISG). If the customer is a consumer, this choice of law shall only apply insofar as this choice does not cause the consumer to be deprived of the protection provided by mandatory provisions of the law of the country in which he or she normally resides.

11.2. In the event of a dispute concerning the meaning or interpretation of a provision in the English translation of these General Terms and Conditions and where any doubt arises, the German version shall be authoritative.

11.3. The place of jurisdiction shall be the location of the headquarters of Berlitz Deutschland GmbH, i.e. Frankfurt am Main, Germany, insofar as the customer is not a consumer but a merchant, a legal entity of public law, or special assets under public law, or the customer has relocated his or her residence or usual place of abode to outside Germany after concluding the contract with Berlitz, or the customer’s usual place of abode is not known at the time the action is brought.

11.4. Changes and supplements to this contract must be made in writing. Should any of the above provisions prove to be ineffective, the statutory provisions shall apply. The principle of the priority of individually agreed terms (Section 305b BGB) applies vis-à-vis consumers.


Date: June 2014


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