Terms and conditions

GENERAL TERMS AND CONDITIONS OF SALE

1. Parties to the Contract

BERLITZ CORPORATION is a training organization offering a wide range of professional language courses; aimed at contributing to employee well-being and performance development.

To this end, it has implemented foreign language learning methods, international communication skills seminars, and developed various specific materials allowing the integration of cultural diversity for those intending to relocate abroad and/or collaborate with other countries.

It provides training in-person, via e-learning, blended learning, and remotely through franchises across France; hereafter referred to as “BERLITZ.” BERLITZ clients are considered professionals according to the definition given in the preamble of the Consumer Code and Article L221-1.

As BERLITZ cannot verify the number of employees of a company, the contract is considered concluded between informed professionals; the buyer cannot claim the benefit of Article L221-3. Any private client, subject to consumer law, must expressly identify themselves to receive a suitable offer, including information on withdrawal rights and recourse to a mediator.

2. Purpose

These general terms and conditions of sale define the contractual relationships (rights and obligations) between the client and BERLITZ franchises, specifically those in Paris and Lille. These GTC apply to all BERLITZ service offers, digital or otherwise.

Offers contracted remotely by private individuals, however, include additional rules in compliance with the Consumer Code.

The GTC are brought to the client’s attention before acceptance of the quote. They are updated regularly and are downloadable from the company website.

The fact that BERLITZ does not invoke any article in force cannot be considered a waiver of all clauses.

The client agrees to inform employees benefiting from the training of the content of these terms or of their possible download from www.berlitz.com/en-fr.

The specific arrangements provided between BERLITZ and the client are included in a quote detailing the proposed service according to the client’s expressed needs and setting the price for the customized service. The quote guarantees clients the proposed rate and the availability of the training until the end of the planned duration.

Any subsequent modification of the agreed service must be validated by both parties through an amendment.

3. Registration

Signing the quote implies acceptance of the GTC.

Any registration requires returning the duly signed quote to the structure manager, either by mail or by email at the address communicated by the advisor.

It is also possible to select courses directly on the website. In this case, the client is required to fill out a form with their contact information and agrees to acknowledge the GTC. All membership is reserved for professionals and adult individuals.

However, minors aged 16 and over may register to access the offers.

Below this age, parents must contract under their own responsibility.

Under Article L221-8 of the Consumer Code, the private individual contracting remotely benefits from a 14-day withdrawal period, starting the day after purchase. To exercise the right of withdrawal, the client has a withdrawal form available on the website in printable version or may send any other unambiguous statement expressing their intention to withdraw.

When the right of withdrawal is transmitted electronically online via the site, BERLITZ will promptly send the client an acknowledgment of receipt of the withdrawal.

Once the quote or order form is returned, BERLITZ contacts the client within 48 hours to agree on the schedule of in-person or virtual training with the trainer(s)/consultant(s). Regarding courses on the MYBERLITZ platform, the client determines their own pace after the withdrawal period.

The contracting company, which faces the resignation of one or more employees for whom the training was contracted, agrees to pay the invoice unless an arrangement is made to transfer the training to another employee.

4. Mutual Obligations of the Parties

The Client is obliged to return a signed copy, stamped with the company seal, of the agreed training agreement for themselves and/or their employees.

The same applies to individuals contracting directly for personal purposes. For each registration, the client agrees to acknowledge the internal regulations that will be provided, which define mandatory rules regarding hygiene and safety, general discipline, and disciplinary procedures in case of non-compliance. The Client must respect their interlocutors both in language and behavior.

The Client must spontaneously provide, without exception or reservation, any information that may be useful to BERLITZ and ensure that their equipment complies with the specifications to host the materials provided. They agree to attend the training diligently and according to the planned or recommended frequency. Dates and times fixed for scheduled courses and any pre-scheduled session integrated into the planning are definitively accepted by the client once known.

BERLITZ undertakes to implement all material, technical, and human means to ensure the proper execution of the contract.

To ensure the efficiency for which it is renowned, BERLITZ commits to applying its expertise in all training delivered to its clients. To this end, it will provide various materials, all designed for rapid progression. It undertakes to present trainers/consultants all possessing advanced knowledge of the chosen language and/or country of expatriation. It will regularly assess trainees’ knowledge according to its pedagogical criteria.

At the end of face-to-face training, a certificate of completion is issued and a pedagogical report provided to the client upon request.

5. Modalities of Services

Different modalities of language training may be offered to the client.

• In-person face-to-face
• Distance face-to-face
• Blended learning
• E-learning

Berlitz also offers two types of support:

• Intercultural support
• International communication support

To follow remote training (virtual class, e-learning, and blended learning), the following prerequisites are mandatory:

1. A computer or device compatible with the training content.
2. A reliable internet connection; high-speed is recommended to avoid loading and downloading issues.
3. Software and applications: may include videoconferencing software (Kaltura, Teams, Zoom, Meet, Webex, or others).
4. Basic IT skills: such as web navigation, using a web browser, downloading and installing software, file management, and email use.
5. Audio and video equipment: device must have a functional microphone and webcam.
6. A quiet environment.

The connection process involves providing a login and password allowing the client to access a dedicated space according to chosen options.

6. Guarantees

Regarding the digital content made available, BERLITZ undertakes to do everything possible to allow access to the ordered training, 7 days a week, 24 hours a day, during the agreed usage rights.

In case of technical malfunctions, the client must inform BERLITZ within 24 hours of discovering it. All measures to repair the malfunction will then be implemented by BERLITZ technical services, with the client’s cooperation; in particular, to check the quality of the internal network.

If virtual courses or seminars are interrupted due to an internal BERLITZ anomaly, a rescheduling will be proposed.

The consumer client or non-professional, within the meaning of the introductory article of the Consumer Code, benefits from the legal guarantee of conformity (Articles L. 217‐4 to L. 217‐12 of the Consumer Code) and the legal guarantee relating to defects in the sold item (Articles 1641 to 1648 and 2232 of the Civil Code).

Article L217-4: “The good is in conformity with the contract if it meets, where applicable, the following criteria:

1° It corresponds to the description, type, quantity, and quality, in particular regarding functionality, compatibility, interoperability, or any other characteristic provided in the contract;
2° It is suitable for any specific use sought by the consumer, communicated to the seller no later than at the conclusion of the contract, and accepted by the seller;
3° It is delivered with all accessories and installation instructions, to be provided according to the contract;
4° It is updated according to the contract.”

Article L217-5: “The good is in conformity with the contract:

• If the digital elements it contains are provided according to the most recent version available at the time of contract conclusion, unless otherwise agreed by the parties;
• If applicable, it is delivered with all accessories, including packaging and installation instructions, which the consumer can reasonably expect;
• If applicable, it is provided with updates that the consumer can reasonably expect, according to the provisions of Article L. 217-19;
• If it corresponds to the quantity, quality, and other characteristics, including durability, functionality, compatibility, and safety, that the consumer can reasonably expect for goods of the same type, taking into account the nature of the good as well as public statements made by the seller, by any upstream person in the transaction chain, or by a person acting on their behalf, including in advertising or labeling.”

Article L217-12: “Actions resulting from lack of conformity expire two years from delivery of the good.”

In case of non-conformity, i.e., non-compliance with the services proposed in the quote, the client must submit their claim in writing within 8 days of module implementation. If the chosen formula appears not to meet the client’s expectations, BERLITZ will seek a solution to maximize effectiveness.

The conformity guarantee may be invoked within a period of two years if no agreement is reached between the parties.

Article 1641: “The seller is bound by the guarantee for hidden defects of the sold item that make it unsuitable for its intended use or that reduce its use so much that the buyer would not have acquired it, or would have paid a lower price if they had known.”

Article 1648: “Actions resulting from hidden defects must be brought by the buyer within two years from discovery of the defect.”

BERLITZ cannot be held responsible for all direct and/or indirect losses and damages that may occur to the Client or third parties during or as a result of the execution of this contract if the causes are external to its services or result from misuse by the client.

BERLITZ cannot be held liable for non-performance of the concluded contract in case of force majeure, including events usually recognized by courts as such, as well as energy network disruptions, epidemics, or total or partial strikes.

In any case, the Client expressly acknowledges that BERLITZ’s obligations under this contract are obligations of means.

BERLITZ’s liability will, in any case, be limited to the amount of the service stated in the contract formalized with the Client.

7. Postponement – Cancellation

The client agrees to inform BERLITZ by phone or email—at least 48 business hours before the intervention—of any request to postpone or cancel in-person courses. After this period, BERLITZ reserves the right to charge the client for the training fees.

For individual or collective intra-company courses booked on the MYBERLITZ platform, the notice period is 24 business hours.

For inter-company collective courses, no rescheduling is possible.

For intercultural or international communication seminars, intensive or semi-intensive courses, a 10 business day notice is required to reschedule the project without penalty.

However, in case it is impossible to maintain in-person training due to events imposing movement restrictions, the training may automatically be converted to remote training if compatible with the content and the availability of trainers/consultants.

BERLITZ may postpone, suspend, or cancel a training or course if pedagogical or organizational reasons require it, respecting a notice period of 48 hours unless in urgent situations.

BERLITZ reserves the right, in case of insufficient participants, to cancel the service up to 3 days before the scheduled date. The client will be informed, and a new session will be organized.

8. Fees – Payment

BERLITZ issues a quote valid for 6 months based on the information provided by the Client, excluding promotional offers. Prices, except in the case of OPCO payment subrogation, are valid for 12 months from invoice issuance; subsequent price changes apply automatically, and the number of lessons or hours is adjusted proportionally to remaining credit. In case the OPCO refuses to cover the supplement, it is payable by the company. Validity of prices for 12 months does not authorize the Client to claim these rates for a renewal during this period.

The fee amount is stated in euros and excluding VAT.

Selecting courses on the MYBERLITZ site implies immediate payment of the total price, including taxes, via Shoppay, credit card, or Paypal.

Services are customized with a global price including all related costs (administrative fees, travel expenses, equipment rental, or trainer presence) or correspond to a product provided at a predefined price announced upfront, the same for all clients.

Any additional costs not mentioned cannot be incurred by BERLITZ without the Client’s prior, explicit, written agreement.

Invoices are issued upon acceptance for the total price, immediately due, except for collective company courses where a 50% deposit is payable upon receipt of the schedule, with the balance at mid-course.

Any payment made to someone other than BERLITZ will not be considered valid.

For professional training actions, if financed by a collecting organization, the agreement must include proof of coverage for the training cost and the amount of such coverage.

9. Non-Payment

In case of non-payment of an order not covered by professional training, forty-eight hours after an unsuccessful formal notice, the sale will be automatically terminated.

In case of delay or non-payment, the amounts due become immediately payable.

Any unpaid sum after the deadline may bear interest. According to Article L441-6 of the Commercial Code, the late payment interest rate is equal to the rate applied by the European Central Bank to its most recent refinancing operation, plus 10 percentage points. In case of non-payment, BERLITZ reserves the right to suspend its intervention until full payment of amounts due and to refuse any future order from the same client in case of dispute over a previous order.

The buyer must reimburse all costs incurred in the legal collection of amounts due, including fees for court officers.

10. Termination of the Contract

Either party may terminate the contract at any time if one of them fails to meet its fundamental obligations, namely:

• For BERLITZ: providing continuous and smooth access to services included in the subscribed package.
• For the Client: paying the agreed amounts on the scheduled dates.

In case of contract termination, for any reason, the parties will promptly return all documents and materials mutually entrusted. BERLITZ retains full ownership of its know-how.

11. Intellectual Property

The website Berlitz.fr is protected under French law and the French Intellectual Property Code.

The site as a whole, as well as all its elements, whether visual or sound, including the underlying technology, are protected (as applicable) by copyright, trademarks, patents, or sui generis rights of database producers (no total or partial extraction is allowed).

The right to use the site granted to the Client does not confer any ownership rights over the site or its components. Any use of any component or part of the site, trademarks, logos, or exploitation of intellectual property rights not expressly authorized is strictly prohibited.

Specifically, the user is not authorized to modify, copy, distribute, frame, reproduce, republish, download, display, upload, transmit, or create elements from the site, nor communicate them to third parties, nor use them by any other means, except with express written prior consent from BERLITZ.

Any hyperlink referring to the site is, in principle, strictly prohibited.

A user wishing to place a link on a third-party website must request prior express written authorization from BERLITZ CORPORATION. The Client cannot use verbal or figurative trademarks registered by BERLITZ to communicate.

12. Personal Data – GDPR

Certain personal data will be collected, independently of the contract with the legal entity, such as name, first name, email address, phone number, and login of all training participants.

In accordance with Law No. 78-17 of January 6, 1978, regarding data processing, files, and freedoms, amended by the law of June 20, 2018, under the General Data Protection Regulation (GDPR), any individual has the right to access, modify, correct, and delete personal data collected by BERLITZ.

To exercise this right, they can send a postal mail or email to: dataprotection@berlitz-paris.fr.

Personal data collected through files transmitted by the client company or through forms, including the training agreement, are used by BERLITZ solely for the implementation of the offered services and are not shared with third parties except technical service providers managing orders, who are bound by confidentiality and may only use the data for their specific task.

Data is hosted in Europe on several servers.

Data is retained for a maximum of 3 years from the last contact.

A complete privacy policy is available at https://www.berlitz.com/en-fr.

13. Mediation

If you have not resolved your dispute after sending us a written complaint (letter or email), dated, recalling the circumstances giving rise to the dispute and what you claim, you may contact the consumer mediator designated below if you received a negative written response from us or no response two months after sending your complaint.

In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, our company has implemented a consumer mediation system. The mediator entity is: MEDIATION CONSOMMATION DÉVELOPPEMENT/MED CONSO DEV

In case of dispute, you can submit your claim on their website: https://www.medconsodev.eu

or by post to:

MEDIATION CONSOMMATION DÉVELOPPEMENT/MED CONSO DEV
Centre d’Affaires Stéphanois SAS
IMMEUBLE L’HORIZON – ESPLANADE DE FRANCE
3, RUE J. CONSTANT MILLERET – 42000 SAINT-ÉTIENNE

14. Applicable Law

The contract is governed by French law, to the exclusion of any other legislation.

The provisions of the contract fully reflect the agreement between the parties.

They prevail over all prior proposals, conditions, or agreements, as well as all other communications between the parties relating to the subject of the contract.

However, in its dealings with professional training organizations, BERLITZ complies with their general terms and conditions.

The article titles in these terms are used only for convenience and do not qualify or affect the clauses and conditions.

It is expressly agreed that any tolerance or waiver by one party in applying any or all of the contract’s obligations, regardless of frequency or duration, shall not constitute a modification of the contract or generate any rights.

The contract may only be modified by a written amendment signed by all parties.

It is further agreed that if one or more clauses of the contract are held, in whole or in part, to be invalid or declared so under legal, regulatory, or administrative provisions, or by a final decision of a competent court, the other clauses will retain full force and effect as long as the economic and contractual balance of the agreement is not affected. Otherwise, the parties will work together to adapt the contractual provisions to restore the initial balance.

Any dispute regarding the conclusion, interpretation, execution, or termination of a contract signed by a legal entity will be submitted exclusively to the Commercial Court of Lille Métropole (France), including in summary proceedings, notwithstanding appeals or multiple defendants. For an individual, the competent court is that of the defendant’s location.

Edited on 27.03.2025