General Terms and Conditions
GENERAL TERMS & CONDITIONS
Berlitz Schools of Languages BV
As a member of the Dutch Council for Training and Education (NRTO), the General Terms and Conditions of Berlitz Language Schools BV are in full accordance with those of the NRTO, which are developed in collaboration with the Consumentenbond.
The conditions below are being applied to all agreements between Berlitz and its customers, signed on 15 March 2019.
Berlitz is also respecting the NRTO Code of Conduct for Consumers and the NRTO Code of Conduct for Business to Business.
The above-mentioned documents are available at the bottom of this page.
Article 1 - Definitions
A form of education whereby the teacher and you will be simultaneous, via telephone or Berlitz Live Online platform.
Self-study in an electronic environment.
Form of education with direct interaction between the teacher and the student or the course participant.
Berlitz Schools of Languages BV, member of the NRTO and provider of educational service.
The natural person, or legal entity, who purchases educational and/or training services from Berlitz.
The natural person who directly enjoys the benefits of the educational service provided by Berlitz.
Article 2 - Applicability
These Terms and Conditions apply to all agreements made between you and Berlitz with regard to the provision of educational service and/or the delivery of learning material (incl. E-learning licenses).
Berlitz is always permitted to deviate, including from the general terms and conditions, to your advantage.
Article 3 - Offer
Berlitz will issue the offer in writing and deliver it by electronic means.
The offer will contain a complete and precise description of the educational service and/or of the learning materials that form part of the educational service. The offer will also set out whether the use of the learning materials is mandatory.
Every offer must contain such information, that it is clear to you what the rights and obligations are which are attached to the acceptance of the offer.
You will be expressly informed of these general terms and conditions prior to entering into the agreement and these will form an integral part of the general information provided by Berlitz.
Article 4 - Agreement
The agreement comes into effect by means of your acceptance of the offer. After the receipt of your agreement by Berlitz, you will receive confirmation of this in writing by electronic means.
Berlitz shall only agree to take on those assignments for which it is qualified. The employees who are involved in implementing the assignment must be able to apply their knowledge, experience and personal qualities in an effective manner. Both the clients and Berlitz may, in consultation, request employees other than those initially charged with the implementation of the assignment, as long as quality and continuity are not impaired.
Berlitz must create circumstances that all persons who are expected to work on the implementation of the assignment are clearly informed of the work involved.
If during the implementation of the assignment, new facts or situations occur which (could) impair the original consensus, you and Berlitz will discuss the matter(s) within a reasonable time, in order to modify the agreements to suit the altered situation.
Article 5 – Postponement and transfer of lessons
For private face to face courses (with the exception of telephone lessons and Berlitz Live Online lessons), learners can postpone lessons provided they notify Berlitz’ planning office, by email only, no later than four calendar days before the actual day of the lesson before 2.00 pm.; for example no later than Monday 2.00 pm for a lesson scheduled on Friday. Private Berlitz Live Online lessons can be postponed at firstname.lastname@example.org before 1.00 pm on the last working day before the lesson in question. No private class missed without notice can be rescheduled. After 2 consecutive absences without notice, the scheduled timetable for the private lessons may be suspended, in your interest.
At your request, the value of classes not taken may be transferred to another learner or to another service. This service is of no extra cost to you.
Article 6 - Cancellation and (early) termination of the agreement
You can at any time, in writing or by electronic means, cancel and terminate an agreement regarding an educational service, whether face to face or distance learning. Berlitz will provide you with confirmation of this. If there is an agreement concerning face-to-face instruction, the following conditions apply:
In case of cancellation or early termination, after 14 days after your acceptance of the offer, but less than 2 weeks prior to the commencement of the education service, you must pay 50% of the agreed price after the deduction of the study material not yet received.
In the event of an agreement that mainly relates to the purchase of teaching materials, you will have a period of fourteen days during which you can terminate the agreement without stating reasons. This period commences on the day following the day of receipt of the teaching materials, to be calculated from the first day after receipt of the first teaching materials.
Berlitz will make a form available to you for the termination of the agreement referred to. You will not be obliged to use this form for this purpose.
In case of a timely cancellation of an agreement, you have the right to a refund without charge of that which you have already paid. Berlitz will make the refund as soon as possible and in any event within fourteen days after the termination.
In the event of a timely cancellation of an agreement, you must return any teaching materials received from Berlitz as soon as possible. Berlitz will be entitled to charge the direct costs of the return to you. The return will take place at your risk. The teaching materials that are offered on an electronic data carrier and of which the seal of the packaging has been broken cannot be returned, and you must pay the price thereof in full to Berlitz.
The educational service can only commence during the 14 days following the agreement on your express request. If you terminate the agreement in such a case within the 14 days following the agreement, you will owe a pro-rata part of the price of the educational service to Berlitz.
If the educational service is for the most part offered by means of an e-learning environment, the right to terminate will end at the commencement of the educational service, provided that:
a. you have expressly agreed in advance that the execution can commence prior to the end of the termination period and you declare that you waive your right to terminate, and
b. Berlitz has confirmed the statement referred to under a. to you.
Article 7 – Delivery
Learners can book face-to-face individual lessons if they inform Berlitz no later than 1 week before the actual day of the lesson.
Face-to-face and distance group lessons will be held on the days and at the times determined by Berlitz and may under no circumstances be postponed or reimbursed. Lessons falling on a public holiday will be brought forward. If the minimum number of participants for a group lesson is not reached, an alternative solution can be proposed. In the interests of learners, Berlitz may withdraw or merge some classes if the number of participants is too low or, alternatively, split them if numbers are too high. Berlitz may also transfer a learner to another class if this is more commensurate with his or her level. In order to habituate learners to a variety of pronunciations, teachers may be changed.
All lessons (except for telephone lessons) will be of 45 minutes duration, including a 5-minute break.
All private telephone lessons will be of 30 minutes duration. Learners can cancel these lessons up to 6 hours before the start of the lesson, via the NetPlanning platform.
Berlitz will deliver the teaching materials, including the provision of access to electronic material to you in a timely manner.
For the purchase of teaching materials without education, the maximum delivery period is 30 days, unless agreed otherwise. If this delivery period is exceeded, you can terminate the agreement without further notice of default. Berlitz will immediately replace incorrect or damaged teaching materials without any costs for you.
When an evaluation of a learner will be communicated to his or her employer or supervisor, the learner must be informed of this beforehand, and any evaluation result, as well as the criteria on which it is based, must be communicated to the learner prior to being communicated to his/her employer or supervisor. At least 48 hours must pass between the moment when the employee is informed of the evaluation result and the reporting to their employer or supervisor, so that the learner may request to have the result re-examined.
Berlitz will keep the learner and you (in cases where these are different legal entities) informed of the progress of the learner’s work. In doing so, it offers the learner and your insight, on request, of the methods applied in the respective stages of the training process.
The implementation of the agreements with regards to training and education may be evaluated, on a random basis, by Berlitz or by an independent, external institute.
Article 8 - Copyright
The offered learning materials are exclusively intended for personal use. All the items provided by Berlitz, such as books, practice tests, readers, and software are exclusively intended for personal use and are protected by copyright vested in Berlitz or third parties. Without the express permission from Berlitz, these items may not be reproduced, disclosed, and/or otherwise brought to the knowledge of third parties or provided to third parties, during the term of the course as well as thereafter, nor is it permitted to disclose the materials in an altered form, or to use these in one's own name without permission in writing from Berlitz. The copyright/ownership rights to the course are fully vested in Berlitz.
Article 9 - Price changes
If within three months after the conclusion of the agreement but still prior to the commencement of the educational service, a price change occurs, this will not have any impact on the agreed price.
Subclause 1 does not apply to price changes ensuing from changes in the law.
Article 10 - Conformity and failure to comply with the agreement
The educational service and the teaching materials provided must meet your reasonable expectations. If one of the parties does not fulfill its obligations, the other party will be entitled to retain or terminate the agreement, unless the shortcoming does not justify the action taken due to its minor significance.
Article 11 - Payment
Payment will take place either by means of transfer of the amount owed to a bank account stated by Berlitz at the time of the purchase or delivery. Payment in cash is also possible by agreement. Invoices to companies are payable within 30 days from the invoice date. For companies, the invoice will be issued upon receipt of the agreement.
If payment in installments has been agreed, you must - with due observance of the provisions of subclause 3 - make the payments in accordance with the installments and the percentages, as these have been recorded in the agreement.
The payment for the educational service will take place prior to the commencement of the course. The entrepreneur may require that you have paid the full amount no later than 4 working days prior to the day of the commencement of the educational service.
For the purchase of teaching materials without a corresponding education service, the payment must take place no later than the time and at the location of the delivery. Berlitz may require that you make an advance payment to the amount of half the purchase price.
Article 12 - Payment not made in a timely manner
You will be in default from the expiry of the payment date. After the expiry of this date, Berlitz will send a payment reminder, providing you with the opportunity to still make the payment within 14 days after receipt of the payment reminder. If, after the expiry of this period, you have not paid, Berlitz will be entitled to charge the statutory interest over the amount still owed as well as the extrajudicial collection costs. These collection costs will amount to a maximum of 15% over outstanding amounts up to € 2,500; 10% over the following € 2,500; and 5% over the following € 5,000 with a minimum of € 40. Berlitz may derogate from the aforesaid amounts and percentages to your advantage.
Article 13 - Suspension
Berlitz will suspend the charging of interest and collection costs during the period in which a complaint or a dispute is being dealt with in conformity with the provisions of articles 16 and 17.
Article 14 - Liability on the part of Berlitz
Insofar as Berlitz fails attributable and you suffer damage as a result, liability on the part of Berlitz for damage, which is not the result of injury, death, or property damage, will be limited to the payment of direct damage. The liability on the part of Berlitz for injury, death, or property damage is not excluded or limited. The liability applies to persons employed by Berlitz, or to persons who are engaged by Berlitz for the performance of the agreement.
Article 15 - Confidentiality
The information provided by you to Berlitz, its personnel, and/or persons who work for it, will be treated with confidentiality. Berlitz complies with the applicable privacy legislation.
Article 16 - Questions and complaints
Berlitz can be reached by telephone and by email for dealing with questions or complaints of an administrative nature, regarding the contents of the course, or regarding study material. These questions or complaints will be answered by Berlitz within ten working days, to be calculated from the date of receipt. Questions or complaints that require a longer processing time will be answered by Berlitz by e-mail with acknowledgment of receipt and an indication of when you can expect an answer. All complaints will be dealt with in a confidential manner. Each complaint and the method in which it was handled will be registered and filed for a duration of 1 year. Any complaint must be submitted to Berlitz in a timely manner and fully and clearly described. Complaints that are not submitted within 2 months will not be dealt with. If the complaint cannot be resolved in mutual consultation, a dispute will have arisen that will be eligible for the dispute settlement rules of article 17.
Article 17 - Dispute settlement rules
The agreement is governed by the law of the Netherlands unless on the basis of mandatory legal provisions the law of another country applies.
Disputes between you and Berlitz regarding the coming into effect or the performance of agreements with regard to the services and items delivered or to be delivered by Berlitz can be submitted by you as well as by Berlitz to the Disputes Committee for Private Educational Institutions; further information can be found at: www.degeschillencommissie.nl.
The Disputes Committee will only accept a dispute if you have submitted a complaint in accordance with the provisions of article 16 to Berlitz and this has not resulted in a solution that is satisfactory for both parties.
A dispute must be submitted to the Disputes Committee within twelve months after submitting the complaint in accordance with the provisions of article 16.
Payment will be owed for dealing with a dispute.
If you submit a dispute to the Disputes Committee, Berlitz will be bound by this choice.
If Berlitz wants to submit a dispute to the Disputes Committee, Berlitz must first request in writing that you state within 5 weeks whether you agree to this. Berlitz must thereby announce that he will consider himself to be free after the expiry of the aforesaid period to submit the dispute to the regular court.
The Disputes Committee will make a decision with due observance of the provisions of the regulations applicable to it. The decision of the Disputes Committee will take place by means of binding advice.
In case of a dispute, and if more advantageous to you, the General Terms and Conditions for Consumers for Private Education (NRTO) will prevail over the General Terms and Conditions of Berlitz Schools of Languages BV. See www.NRTO.nl for more details.
Article 18 - Advertising
Berlitz uses and processes your personal data for its own promotional purposes by sending you information about goods or services which are similar to those you already ordered or booked. You may revoke permission to this use of your data at any time by sending an email with the subject line “Data Protection" to email@example.com. Your data shall then be deleted.
Download: NRTO-General Conditions-B2B.pdf