1. Scope of terms and conditions
2. Concluding a contract
3. Right to withdraw/cancelation
4. Price details
5. Terms of payment
6. Conditions for language tuition
7. Conditions for Berlitz Study Abroad
8. Conditions for Berlitz Language Camps
9. Conditions for Berlitz Business Seminars
10. Copyright
11. Links to third-party websites
12. Data protection
13. Liability and guarantee
14. Court of jurisdiction
15. Final provisions
1. Scope of terms and conditions
The following terms and conditions of business of Berlitz Deutschland GmbH - hereinafter referred to as Berlitz - shall form the basis of contracts concluded regarding all services/products offered on the website www.berlitz.de, in particular language lessons, Berlitz Seminars, language holidays and Kids+Teens Camps. 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 shall form the basis for both parties.
The individual regulations within our terms and conditions of business shall, according to their content, apply to consumers and companies as defined in Article 310 of the German Civil Code (BGB). Regulations that are expressly identified as applicable to companies shall not apply to consumers. Consumers as defined in these terms and conditions of business are natural persons with whom Berlitz forms a business relationship, without these persons being identified as conducting commercial or other independent professional activities during the business relationship. The terms and conditions of business for Users shall only apply if Berlitz has expressly given its written consent to their application.
It should be noted that certain services/products may be subject to their own separate terms and conditions or registration conditions. Separate reference will be made to these in conjunction with the relevant service/the relevant product where appropriate.
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 language instructor. Customers are not entitled to be taught by a particular language instructor. Berlitz shall offer replacement lessons or programs for any language lessons or programs which had to be canceled. 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 language instructor 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 two weeks 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 Deutschland GmbH, Hahnstrasse 68-70, 60528 Frankfurt, Germany, fax: +49 (0)69 666 089 222, email: shop-widerruf@berlitz.de.
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.
The prices at the time of ordering shall apply to the relevant services/products. The prices listed on www.berlitz.de 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.
The relevant applicable prices can be found in the relevant service/product description at www.berlitz.de. 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 Card Solutions Deutschland GmbH. Payment of the price shall take place by credit card or direct debit using SaferpayTM. Should the payment be made by credit card, in the case of subsequent cancelation of the registration/order, Berlitz reserves the right to claim back any credit card charges incurred.
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
The customer is obliged to pay the tuition 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. Further installments are made automatically every 4 weeks from the day of booking. 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/Individual Instruction Premium
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 canceled, or which were canceled 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. Individual Instruction Compact
The curriculum consists of at least 20 lessons per week which must be scheduled in advance. All lessons and teaching materials must be paid for in full prior to the first lesson. The customer may cancel the contract prior to the first lesson by giving 5 working days' notice; later cancelations are not possible. Refunds of course fees for lessons paid for but not taken shall not be given in the event of late cancelations.
6.5. Group tuition
The start dates can be found in the information at www.berlitz.de. 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 canceled 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 and 50% for crash courses (min. 20 lessons per week) shall be levied on cancelations which take place after this deadline, but which are made prior to the start of the first lesson. Cancelation of a crash course less than five days prior to the start of the course incurs a cancelation fee of 70% of the overall course fee.
For courses that have already started, the following regulations apply: Lessons which a customer is unable to attend (e.g. due to illness, vacation, job commitments, etc.) must still be paid for. The contract may be canceled by observing a notice period of four weeks to the end of a calendar month, at the earliest three months after the start of the course. Cancelation without notice by either contractual party is only possible in exceptional cases. 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.
6.6. 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 individual instruction
Workshops Business English:
4-6 participants: 18 lessons
3 participants: The course takes place unreduced, with 18 lessons
2 participants: 12 lessons
1 participant: Workshop postponed to another time
Intensive group:
4-6 participants: 60 lessons
3 participants: 50 lessons
2 participants: 40 lessons
1 participant: course postponed or optional Individual Instruction
Virtual Intensive group:
3-5 participants: 48 lessons
2 participants: 40 lessons
1 participant: course postponed or optional Individual Instruction
Crash course:
4-6 participants: 60 lessons
3 participants: 50 lessons
2 participants: 40 lessons
1 participant: 20 private lessons or optional course postponement
Weekly Course:
8-10 participants: 60 lessons
6-7 participants: 50 lessons
4-5 participants: 30 lessons
1-3 participants: Course postponement
Vacation Course:
8-10 participants: 30 lessons
6-7 participants: 24 lessons
4-5 participants: 16 lessons
1-3 participants: Course postponement
Saturday Fun:
8-10 participants: 10 lessons
6-7 participants: 8 lessons
4-5 participants: 5 lessons
1-3 participants: Course postponement
Weekly Course (intensive group):
4-6 participants: 44 lessons
2-3 participants: 24 lessons
1 participant: Course postponement
Vacation Course (intensive group):
4-6 participants: 30 lessons
2-3 participants: 15 lessons
1 participant: Course postponement
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 canceled lessons.
6.7. Corporate Group Premium
The maximum group size is 10 participants. The conditions applying to "Premium" Individual Instruction also apply to all in-house company training.
6.8. Corporate Group Compact
The maximum group size is 6 participants. The group curriculum consists of at least 60 lessons which must be taken within a period of 10 weeks. It is possible to reschedule lessons in accordance with the terms and conditions of the "Individual Instruction Premium" during these 10 weeks. The customer may cancel the contract prior to the first lesson by giving five working days' notice; later cancelations are not possible. Refunds of course fees for lessons paid for but not taken shall not be given in the event of late cancelations.
6.9. Entitlement to refunds
As a general rule, all lessons paid for but not taken shall be forfeited twelve months after the last lesson taken. Special written agreements between the customer and Berlitz are possible. No course fees for any lessons which have been paid for but not taken shall be refunded after the end of the statutory limitation period of three years. No refunds for pre-paid lesson materials received by the customer, nor registration fees, shall be granted.
7. Conditions for Berlitz Study Abroad (in Berlin and Munich)
Individual 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 individual instruction at the agreed price. Individual instruction may only be canceled 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 canceled 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, with payment by direct debit a deposit of €165.00 shall be due. The remaining amount must be paid 6 weeks prior to the start of camp. If paying by credit card, the complete amount for the booked Camp 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, Günther Bedson, Kurfürstendamm 203, 10719 Berlin, by fax to +49 (0)30 8847 2476 or by email to shop-widerruf@berlitz.de, whereby it shall be deemed effective on receipt by Berlitz. In the event of an effective withdrawal, the deposit of €165.00 shall be retained. Any other additional payments shall be refunded. In the event of withdrawal later than 4 weeks prior to the start of camp, a refund cannot be made.
8.3. Interruptions to and 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 misbehavior, 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. Changes to bookings
In the event of a move to another Federal State with other holiday dates, the booking can be changed free of charge for another camp on submission of the relevant supporting documentation and subject to availability. If no more places are available, travel expenses shall be refunded.
8.5. Replacement program
The program for the camp can be found in the information at www.berlitz.de. 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 canceled due to the change in the program.
8.6. Liability
Berlitz assumes no liability for damage to health or other damages relating to participants or third parties, provided that this damage is through no fault 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 behavior of a child. As a precaution, we recommend that expensive electronic devices, jewellery or similar valuables are not brought into the camp.
9. Conditions for Berlitz Seminars
9.1. Seminar fees
Price details for Berlitz Business Seminars can be found at www.berlitz.de. The attendance fee plus VAT 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 another comparable Berlitz seminar free of charge only up until 3 weeks (21 days) prior to the start of the seminar, and with the agreement of Berlitz.
9.3. Accommodation and meal costs
The participant shall settle the costs of accommodation and meals with the hotel directly. Please see 10.1.
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 canceled, 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 behavior 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.
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.de 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.
11. 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. The terms and conditions of business of the operators of pages that we link to shall apply, in addition to these terms and conditions of business.
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 Deutschland GmbH, tel. +49 (0)69 666 0890, fax: +49 (0)69 666 089 222, email: sprachen@berlitz.de. Data will then be blocked. Reference is also made to the data protection regulations at www.berlitz.de.
Berlitz assumes no liability for the availability and accessibility of www.berlitz.de. 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.
The sole court of jurisdiction for all disputes relating to contracts concluded with Berlitz is Frankfurt am Main, provided that the participant is a trader or judicial person under public law. Otherwise, the legally-defined courts of jurisdiction apply.
The laws of the Federal Republic of Germany 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.
Berlitz Deutschland GmbH, Hahnstrasse 68-70, 60528 Frankfurt, Germany
January 20th, 2011
