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Data Protection Statement

Terms and Conditions of Business for Online Transactions

1. Scope of terms and conditions

The following Terms and Conditions - hereafter Berlitz - apply to all users of the services/products of the company Berlitz Slovenija d.o.o., which are offered on the website www.berlitz.si, especially language courses, Berlitz business seminars, Berlitz study abroad, language holidays for children and youth, and similar instances, and are applied as appropriate for both legal and natural persons, where natural persons are especially protected by the clauses of the Consumer Protection Act, and by clauses of the Personal Data Protection Act. Berlitz's website is intended for companies, private and commercial Users (hereon Users). Our Terms and Conditions form the base for both contractual parties. Individual regulations within these Terms and Conditions will, in accordance with the content, refer to clients and companies as is stipulated in paragraph 3 of Article 13 of the Code of Obligations.

2. Concluding a contract

The contractual 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, in which Berlitz informs the User about the acceptance of this offer. 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 user withdraws from the contract with a written registered mail addressed to Berlitz or by a sent e-mail. The withdrawal shall take effect as soon as Berlitz opens the e-mail. 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 Slovenija d.o.o., Gosposvetska 2, 1000 Ljubljana, Slovenija, e-mail: ljubljana@berlitz.si.

Where products/teaching materials are delivered, the period shall not begin before the day on which they are received by the User.
In case of withdrawal Berlitz must refund the User all payments made no later than 30 days after the acceptance of the withdrawal. If the User has already received the products/teaching materials and withdraws from the contract, the User must return the received materials within 30 days after the sent massage of withdrawal from the contract.


4. Price details

The prices at the time of ordering shall apply to the relevant services/products. The prices listed on www.berlitz.si 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.si. 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 Telekurs Card Solutions GmbH. The third-party companies involved shall be stated during the ordering or payment process. The terms and conditions of business of these third-party companies shall apply in addition to Berlitz's terms and conditions of business.

Payment of the price shall take place by credit card or direct debit 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 instalments has been agreed, the first instalment 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 Centre 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 Centre, not between the customer and teaching staff. Customers unable to attend a booked lesson must inform the Berlitz Language Centre 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 Centre 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 Centre 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 offer Total Immersion

This limited special offer is restricted to a minimum of 5 Total Immersion course days within one week, whereby only the course fees for 4 course days shall be charged for these 5 course days. The booking and tuition period for this special offer can be found in the relevant information at www.berlitz.si.

As this is a special offer, lessons scheduled previously cannot be cancelled or postponed. The customer shall be charged for any unused 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. Individual Instruction with fixed curriculum - Compact

The curriculum consists of at least 30 lessons which must be taken within a period of 10 weeks. The scheduled lessons can be postponed once every 30 lessons at the most. If the customer does not attend the scheduled lessons, these lessons are considered to have been taught. 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.

6.6. Individual Instruction with flexible curriculum - Premium

The curriculum consists of at least 30 lessons, which need to be scheduled in advance. The customer has the possibility to cancel or reschedule the lessons, with the consideration that all changes to the schedule need to be made one working day in advance until 2 p.m. at the latest. All changes are given to the reception of the language centre. 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.

6.7. Group tuition

The start dates can be found in the information at www.berlitz.si. 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 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.

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. The contract may be cancelled 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.

6.8. 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 and the payment conditions will be adjusted (adjustments of the number of lessons and payment conditions).

The group courses are categorized as follows:

"Semi-private":
3 participants: 48 lessons
If there are 2 participant the number of lessons decreases to 40.

Intensive group:
5-7 participants: 64 lessons
4 participants: 56 lessons
3 participants: 48 lessons
2 participants: 40 lessons.

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.

6.9. Tuition for companies - general conditions

The maximum group size is 10 participants. The conditions applying to "Premium" Individual Instruction also apply to all in-house company training.

6.10. Exclusive groups for companies

It is possible to reschedule lessons in accordance with the Terms and Conditions during the duration of the course. The group curriculum consists of at least 60 lessons which must be taken within a period of 20 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.

6.11. 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

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 (i.e. 3 lessons per day plus self-learning). Individual 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, a payment of €50 shall be due. The remaining amount must be paid 2 weeks prior to the start of camp.
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 two weeks before the start of camp. Notification of withdrawal must be made by the parent/guardian in writing and sent by registered mail to Berlitz Slovenija d.o.o., Mrs. Jasna Prebil Jerkovič, Gosposvetska 2, 1000 Ljubljana, or by email to ljubljana@berlitz.si, whereby it shall be deemed effective on receipt by Berlitz. In the event of an effective withdrawal, the deposit of €50 shall be retained. Any other additional payments shall be refunded. In the event of withdrawal later than two weeks prior to the start of camp, a refund cannot be guaranteed. Exceptional cancellations are possible only in case of unexpected deterioration in medical condition, or death in the immediate family, and is accepted upon the presentation of the appropriate document. In such case, the organizer will refund the entire amount paid.

8.3. Interruptions to and cancellation 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.

8.4. Changes to bookings

The booking can be changed free of charge for another time period but is subject to availability. If no more places are available, the change of a booked time period is not possible.

8.5. Replacement program

The program for the camp can be found in the information at www.berlitz.si. 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.

8.6. 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. 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 and was caused as a consequence of the supervision loss with due care of the Berlitz supervisory staff. Parents/guardians shall also pay any damages that may occur during the careful supervision of Berlitz supervisory staff. As a precaution, we recommend that expensive electronic devices, jewellery or similar valuables are not brought into the camp.


9. 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.si 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.


10. 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.


11. Data protection

Personal data of Users shall be stored for internal processing and for Berlitz's own promotional purposes in accordance with the regulations of the Personal Data Protection Act (ZVOP-1). Berlitz Slovenija d.o.o. has formulated its own privacy protection policy, which is published and accessible on the website www.berlitz.si and is in accordance with the existing legislation.

If Users do not wish to receive any promotional material from Berlitz, they must send the notification in writing by mail to Berlitz Slovenija d.o.o., Gosposvetska 2, 1000 Ljubljana, or by e-mail to ljubljana@berlitz.si.


12. Liability and guarantee

Berlitz assumes no liability for the availability and accessibility of www.berlitz.si. 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.


13. Court of jurisdiction

All parties agree to try to solve any possible disputes consensually. If consensual solution is not possible, the sole court of jurisdiction for legal persons is the court in Ljubljana. For the disputes with natural persons, the court of jurisdiction is that court, where the client is a permanent resident.


14. Final provisions

Terms and Conditions for Online Transactions are posted on the website www.berlitz.si in the manner that they are constantly available to Users and that Users can get acquainted with them - but they are also kept at Berlitz in printed form at its offices. The User may at any time during the contractual relationship demand to receive Terms and Conditions on paper.

All matters relating to the contract are regulated by the Code of Obligations and regulations of other regional laws, which are valid and in use in the Republic of Slovenia.

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 Slovenija d.o.o., Gosposvetska 2, 1000 Ljubljana, Slovenija

Date: 7th October 2009

BOOK:
I hereby declare that I am acquainted with Terms and Conditions and accept them; I am also acquainted with the policy of personal data protection and hereby allow my personal data to be processed for the purposes delimited under point 11 of these Terms and Conditions in accordance with the Data Protection Act.

 

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