Terms and conditions
The following General Terms and Conditions (“GTC”) of Berlitz Language and Business Training s.a.r.l., 89-93 Grand-Rue, L-1661, Luxembourg, LU21949218 (“Berlitz”) shall apply as a binding basis for all contractual relationships between Berlitz and the consumers and entrepreneurs (also referred to as “customers”) who acquire products and services offered by Berlitz via Internet on this website. This website is aimed at customers residing or domiciled in the country where Berlitz is located.
1. A “consumer” is defined as any natural person who enters into a legal transaction for a purpose that does not correspond with his/her commercial or professional activity. An “entrepreneur” is defined as any natural person, legal person or business partnership who or which in entering into a legal transaction does so in exercise of his/her or its trade, business or profession. Regulations of these GTC which are expressly designated as applying to consumers shall not apply to entrepreneurs.
2. When a transaction is concluded via the Internet on this website, the customer must accept these GTC and confirm the purchase by clicking the corresponding buttons. The customer has the option to read and print these GTC before clicking acceptance.
3. Certain services and/or products offered by Berlitz can be subject to separate or additional contractual conditions as a result of which the regulations of these GTC are supplemented. These are referred to separately in the corresponding product/service section 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.
4. Beyond the online purchase option via this website, a customer can also conclude a Berlitz instruction contract by signing one in a Berlitz center.
5. A customer concluding a contract with Berlitz for a participant in the capacity of legal guardian acknowledges and agrees that any contractual provisions shall also apply correspondingly to the participant. When placing an order on behalf of participants, the customer assures Berlitz that the participants are aware of these GTC and shall adhere to them.
6. 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. If lessons or programs are canceled by Berlitz, 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 due to Berlitz.
7. Customers do not have the right to be taught by a particular instructor. 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.
8. Berlitz will decide which level/group the customer should attend. For pedagogical reasons, Berlitz is entitled to move a customer from one level/group to another or to change the course content.
9. Berlitz commits itself to conducting a thorough needs analysis and providing a goal-oriented training plan to customer, but is not liable for the non-achievement of specific learning and training goals, as this depends especially on the appropriate participation of the customer as well as on his/her personal learning abilities which are outside of Berlitz‘s sphere of influence. 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.
10. Only those persons who are assigned a user name and a personal password shall be granted access to an online service. You expressly undertake to protect the access data and passwords received in the customer area in such a way that unauthorized use of Berlitz services by third parties is impossible.
11. A language program is valid for 12 months from the date of the contract. Berlitz does not grant its customers reimbursement for any licenses that are rarely used or not used at all.
12. The customer has the right to change or cancel scheduled lessons by 12 noon the working day before. If the customer cancels too late or does not show up, the customer will be charged for the lessons scheduled. Private lessons are scheduled at preset intervals and may only be rescheduled within the same week.
13. If a Berlitz Test is canceled two days before the planned test, Berlitz will refund the purchase amount. If cancellation is received later than the stipulated deadline, the purchase amount will not be refunded.
14. Berlitz reserves the right to exclude customers from the lesson and also from the remaining course program if they disrupt the lesson in such a way that contract compliant training for other customers becomes impossible. In this case, tuition fees paid for unused lessons will be refunded by Berlitz.
15. No refunds for prepaid lesson materials received by the customer, nor registration fees, shall be granted.
16. Consumer withdrawal right for distance selling contracts. If you are a consumer, you are entitled to withdraw within a period of 14 days from the date the contract was entered via this website. This right of withdrawal applies only to consumers and not to entrepreneurs. To exercise the consumer right of withdrawal you must inform us of your decision to withdraw from the contract in a clearly-worded declaration sent to our postal address or electronically to the email address email@example.com. We will immediately send you confirmation (e.g. by email) of receipt of your declaration of withdrawal. If you have started using the services during the withdrawal period, you agree that the right to withdraw within 14 days shall not apply.
17. Berlitz services and products are charged at the prices that applied when the order was placed via this website. Prices listed on this website include the statutory value-added tax when applicable. Berlitz reserves the right to change prices without any prior notice period, which, however, will not have any bearing on contracts already signed.
18. Berlitz reserves the right to make changes or remove products/services from this website without prior notice.
19. Credit card payment. Berlitz uses an external provider to process payment transactions on this website. Berlitz does not save credit card data.
20. Customer data is stored when the contract is concluded in particular for the purpose of contract execution and is saved for the period of time prescribed by statutory regulations. Attention is drawn to the privacy statement of the website. With the exception of any transmission required by law or necessary for the execution of the contract, data is transferred only to a credit card company or the shipping company in the case of materials that are delivered by post.
21. 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 “Data” to firstname.lastname@example.org.
22. Technical prerequisites to take part in online tuition. The customer is personally responsible for fulfilling the technical requirements with respect to hardware and software as well as any other technical equipment required for participating in virtual forms of training at his or her own expense. Berlitz provides only information on the necessary technical requirements in good time. Lessons that cannot be taken as a result of technical defects on the part of the customer must be paid without exception.
23. Recording of live online lessons. The customer agrees that certain live online programs may be recorded by Berlitz and made available to participants in their portal afterwards.
24. Quality assurance. The customer agrees that an educational specialist employed by Berlitz may sit in on a lesson–face-to-face and online instruction–for the purposes of quality control.
25. Berlitz has the immaterial rights to all materials/products available to the customer and offered by Berlitz. No parts of Berlitz' materials/products may be used externally without Berlitz' prior written consent.
26. Customer is not entitled to transfer his/her contractual rights or obligations, wholly or partly, to third parties without Berlitz’s prior written consent.
27. This agreement is subject to the laws of Luxembourg
28. The place of jurisdiction shall be the courts of the city where Berlitz‘s headquarters are located, unless the customer is a consumer and the consumer applicable laws state a different jurisdiction.
29. Within the framework of our online offer we are obliged to refer you to the European Commission's Online Dispute Resolution (ODR) platform. This can be accessed via the following internet address: www.ec.europa.eu/ consumers/odr
30. Should any of the above provisions be or become ineffective, the validity of the remaining provisions shall not be affected.
Last updated: October 20, 2021