General Terms & Conditions of Berlitz Austria GmbH for online business1. Application of terms & conditions
3. Cancellation right / Cancellation instructions
5. Payment terms
6. Conditions for language courses
7. Conditions for Berlitz Study Abroad
8. Conditions for Berlitz Language camps
9. Conditions for Berlitz Business Seminars
10. Conditions for tuition: Berlitz 4 languages diploma, Berlitz Business diploma
11. Conditions for eBerlitz
13. Linked websites of third parties
14. Data protection
15. Liability and guarantee
16. Court of jurisdiction
17. Final clauses
1. Application of terms & conditions
The terms & conditions of Berlitz Austria GmbH - hereafter Berlitz - below, are the base for all the contracts concluded on the website www.berlitz.at for services/products, language courses, Berlitz Business Seminars, language travel, Kids+Teens Camps and similar in particular.
The Berlitz websites are intended both for companies and private and commercial users (hereafter 'users'). Our terms and conditions are fundamental for both parties.
The individual provisions of our T&C apply - according to their content - to consumers and companies. Regulations, explicitly defined as applicable to companies, do not apply to consumers. Consumers in the sense of these terms & conditions are legal entities Berlitz enters a business relation with, without that these persons can be imputed a commercial or other self-employed activity in the execution of the business relation. The terms & conditions of the users only apply if Berlitz has explicitly approved this arrangement in writing. It is pointed out that some services/products can be subject to appropriate TC or notification conditions at the time. In that case these will be indicated separately in relation to the relevant service/product.
The notification/order for the specific service/product is done by the contractual partner by clicking the button "Book" and the confirmation of the booking. The user herewith makes a legally binding offer for ordering the requested service/requested product from Berlitz. Berlitz accepts that offer by sending a confirmation e-mail. After receipt of this confirmation e-mail by the user, the contract between Berlitz and the user is established.
Approved appointment times by Berlitz are subject to the availability of relevant teachers. Berlitz always endeavours to provide a replacement teacher if a teacher is unavailable. A demand for tuition by a specific teacher is impossible! For unavailable tuition units (TU) or programmes Berlitz offers alternative tuition units or alternative programmes. Should this be impossible in specific cases, Berlitz commits, in addition to immediate information of the user, to refund possible paid and not executed TUs after the programme end. Changing teachers can be an element of the Berlitz method and neither entitles the client to cancel nor withdraw from the contract. Berlitz is not liable for the non-achievement of specific learning and training success. The specifications indicated by Berlitz relating to required TUs to achieve a training objective are based on long experience and can deviate from actual requirements in specific cases.
The user may cancel his/her contract in text format (e.g. letter, fax, e-mail), without indicating reasons, within 7 working days. The period fundamentally starts with the signing of the contract. To confirm the cancellation deadline, sending the retraction announcement before the end of the period is sufficient. If the user has started the course / the first TU is finished, the cancellation right does not apply.
The cancellation should be addressed to: Berlitz Austria GmbH. Schlofshoferstr. 13-15/DG. 1210 Vienna. Fax: 01/27 28 4004. email@example.com
For the delivery of products/tuition materials, the period does not start before the day of receipt by the user. Without prejudice to the cancellation right, already used services are to be paid by the client. Furthermore, the user needs to cover the return sending costs of already received tuition materials at cancellation of the contract.
The prices at the time of ordering are valid for the services/products. The prices listed on www.berlitz.at include the legal VAT. Specific services/products are VAT-free!. The price for courses and material are indicated subject to a corresponding grading of the clients in a corresponding course. Should the grading differ from the actual results, prices could change. For tuition outside the Berlitz Centre, travel expenses (for the travel time of the trainer) will be charged.
The prices valid at the time are indicated in the services and product description on www.berlitz.at. The user commits to paying those prices. Payment is due at registration/order of the service/product.
The user is aware that Berlitz uses third parties for payment procedures, in particular Card Solutions GmbH, with the SaferpayTM platform. The linked third party companies are indicated in the ordering or payment procedure. The terms & conditions of these third party companies apply in addition to the terms & conditions of Berlitz. Payment of the price is done by SaferpayTM by credit card or direct debit.
6.1 Tuition conditions
A tuition unit (TU) contains 40 minutes. After every TU follows a tuition-free time of five minutes. The client confirms he/she agrees with the possible presence of a pedagogic employee in some TU, for quality control purposes of the teacher.
6.2 Payment terms
For every single course contract, Berlitz raises a registration fee to cover administrative work. The client must pay the course fees and the registration fee before the start of the first TU at the latest, and in case of agreed payment by instalments, the first instalment is due at that time. Payment of all study materials is fundamentally immediately due on receipt. The contract between the client and Berlitz is also considered as invoice. A separate invoice will only be issued at the explicit wish of the client. Incoming payments are always allocated to the oldest invoice, unless otherwise indicated with payment.
6.3 Total immersion/flexible private tuition
The individual tuition plans are defined between client and management or reception of the Berlitz Centre, not between client and teacher. The client must inform the Berlitz Centre management/reception by phone or in person if he/she cannot attend tuition by 2pm on the previous working day of the planned TU at the latest. If the client is prevented from attending tuition on Monday, this should be reported by 2pm of the previous Friday at the latest. If the appointed time is not cancelled or cancelled after this period by the client, the TU will be charged. Unused, but already paid TUs may be transferred by the client to third parties after written information to the Berlitz Centre. The contract may be terminated with a notice period of 5 working days. The client may demand a refund of tuition fees for unused but already paid TUs. This applies to TUs, which were still to be taken after the end of the notice period.
6.4 Fixed private tuition
The tuition plan contains at least 10 TUs, which must be scheduled in advance. All TUs and the material must be paid in full before the start of the first TU. The client may terminate the contract with a notice period of 5 working days before the start of the first TU: later cancellation is excluded. Refund of tuition fees for unused but already paid TUs is excluded with late cancellation.
6.5 Group tuition
The start times can be found on www.berlitz.at. Berlitz has the right to move the client to another group for pedagogical reasons, if this relocation seems useful for the optimisation of the learning progress of the group or the individual client. Cancellation up to 4 weeks before the start of the tuition is possible free of charge. For later cancellations before the start of the first TU, a 20% cancellation fee on the tuition fee will be deducted for group courses and a 50% cancellation fee for crash courses (at least 20 TUs per week). If a crash course is cancelled less than 5 days before the start of tuition, 70% of the tuition fee will be charged.
During a course, the following applies: if the client cannot attend tuition (e.g. due to illness, holiday, work obligations etc.) the tuition fee still needs to be paid. Cancellation is not possible during a running course. If the client participates in other TUs after the end of the agreed tuition length, this will be considered as an extension of the contract at the applicable terms of the contract.
To obtain a course certificate, attendance of at least 75% is required.
Berlitz Kids: If a child disturbs the course in such a way that lively play-learning becomes impossible for other children, the course management has the right to refuse future participation of the child in the children programme. In that case, future tuition fees of future, unused, but already paid tuition units will be refunded by Berlitz.
6.5.1 Minimum number of participants in a group
Every group has a minimum number of participants. If this is undersubscribed, the required TUs will narrow with payments remaining the same (flexible TU adaptation). The number of TUs always refers to a Berlitz Level.
The group courses are categorised as follows:
2-3 students: 40 TUs
1 student: course shift or optional private tuition
4-6 students: 48 TUs 3 students: 36 TUs
2 students: 28 TUs
1 student: course shift or optional private tuition
7-9 students: 54 TUs
5-6 students: 45 TUs
4 students: 36 TUs
Less than 4 students: course shift or optional private tuition
7-9 students: 50 TUs
5-6 students: 40 TUs
3-4 students: 30 TUs
2 students: 20 TUs
1 student: course shift or optional private tuition
Berlitz has the right to cancel a group or to shorten the study hours volume of a group tuition if the minimum number of students is under-subscribed and is bound to refund the tuition fees of non-provided TUs if a group tuition is cancelled.
6.6 Company training Corporate Group
The size of the group is maximum 10 students. For the full company-internal group, the conditions of the "Individual tuition flexible" apply.
Unused, but already paid TUs fundamentally forfeit 12 months after use of the last TU. Separate written agreements between clients and Berlitz are possible. Refund of fees for unused but already paid TUs is excluded after the legal period of limitation. Refund of expenses for paid and supplied teaching materials as well as the registration fee is also excluded.
Individual tuition as well as semi-private programmes are offered all year round. If no second booking is made for a semi-private programme, Berlitz reserves the right to carry out that programme as individual tuition at the agreed price (i.e. 3 hours tuition per day plus self-study unit). A cancellation of the individual tuition is only possible 2 working days before the start of the tuition at the latest. Otherwise Berlitz charges the costs of a full day of tuition. Cancellation of semi-private tuition must be done at least 2 weeks before the start of tuition. In that case already paid tuition fees will be returned. The cancellation of a booking for a stay in a host family must be made 2 weeks before the beginning of the stay; late cancellation leads to a cancellation fee of the costs for one week's stay. Outbound and return travel and travel insurance are at the client's responsibility. The fees for tuition, host family and transfer must be settled 10 days prior to the start of tuition at the latest.
Registrations are processed and confirmed by order of entry. Verbal advance bookings are not possible. The total amount of the Language camp becomes due at registration.
The cancellation right under point 3 of these T&C applies. In addition, a withdrawal right up to 2 weeks before the beginning of the camp is granted. The withdrawal must be informed in writing by the authorised educators/representatives to
Berlitz Kids Vienna for Camp Neusiedlersee/Burgenland, Ostercamp and Day camp Vienna: 1010 Wien, Dorotheergasse 6-8
Tel. 01/512 20 27; Fax 01/512 64 409
Berlitz Salzburg for Camp Mondsee/Upper Austria: 5020 Salzburg, Getreidegasse 21/3
Tel. 0662/84 99 44; Fax 0662/84 9946
Berlitz Linz for Day camp Linz 4020 Linz, Landstrasse 45
Tel. 0732/78 27 47; Fax 0732/78 22 10
Berlitz Graz for Camp Passail/Steiermark 8010 Graz, Mehlplatz 1
Tel. 0316/82 40 56; Fax 0316/810056
Berlitz Klagenfurt for Camp Faaker See/Kiirnten 9020 Klagenfurt, Bahnhofstrasse 2
Tel: 0463/500 905; Fax 0463/500 905 11
with entry at Berlitz deciding effectiveness.
If the withdrawal is applicable the payments for the language camp will be refunded. Withdrawal later than 2 weeks before the start of the camp incur a 20% cancellation fee. At withdrawal at the start of the camp or during the camp a refund cannot be granted. In exceptional cases such as e.g. illness, severe home-sickness e.g. during the camp individual agreements (e.g. credit note for the missed days for the next year) will be made.
At relocation to another federal state with other mutually exclusive holiday periods free re-booking to another camp on presentation of corresponding proof and subject to availabilities is possible. If there are no availabilities the travel expenses will be refunded in this case.
8.4 Replacement programme
The extent of service can be viewed in the information on www.berlitz.at. Should a specific service not be possible to carry out due to acts of God (e.g. bad weather), Berlitz reserves the right to carry out a replacement programme in isolated cases. Cancellation of the camp due to the change in service is not possible.
Berlitz does not accept liability for health or other damages to participants or third parties, if they cannot be attributed to faults by the supervising staff employed by Berlitz. Liability for light negligence is excluded. We recommend checking the liability and accident insurance (family insurance) of the client. Berlitz further is not liable for losses, theft or damage to objects brought to the camp. The costs for damage to property of the camp accommodation or property of Berlitz which can be verifiably attributed to the behaviour of a child, must be covered by the authorised educator/representative. As a measure of precaution, we recommend not to bring expensive electronic devices, jewellery or similar valuable items to the camp.
8.6 German Camps
The total camp fee or a deposit of 25% thereof is required upon receipt of our letter of confirmation and invoice. All remaining camp fees are payable 6 weeks prior to the start of the camp. The parent or guardian agrees to cover the full camp fees prior to the camp start with this registration. If, on the day of camp start, we have not received any payment or proof of payment, your child will unfortunately be refused admission. The full camp fees will nevertheless still be charged.
Cancellation is possible with receipt of cancellation up to six weeks prior to the start of the camp. The cancellation must be in writing and sent to Berlitz Austria GmbH, Julia Jost, Mehlplatz 1, A-8010 Graz or by fax +43 316 81 00 56. In case of cancellation, the deposit will be retained. Any other payments will be reimbursed.
Cancellations received 11-40 days before the start of the camp, will be reimbursed with 50% of the course fees. No reimbursement at all is possible for any cancellations received later than 10 days prior to the camp start date.
Discontinuation of or withdrawal from camp residence
We offer no reimbursement if your child takes a break or leaves during the booked camp period. Berlitz Austria GmbH reserves the right to expel students for unacceptable behaviour including, but not limited to, possession or consumption of alcohol or illegal drugs, smoking, malicious damage to accommodation or school premises, threatening students or staff, breaking school rules or local laws or breaking curfew times. In such cases students will be sent home at the parents´ expense and without refund.
In order to avoid further contamination, children with contagious illnesses will not be permitted to remain in the camp. Should your child require medical attention during the camp, all additional costs such as transportation to a doctor or hospital or any medication will be covered by the parent or guardian. These costs must be immediately covered upon receipt of all proof of payment if Berlitz covered initial payment.
All students must have appropriate medical and travel insurance. Please see our special offer from our insurance partner Allianz (information provided on request).
Minimum number of participants
If the number of participants per camp session falls below the required minimum of 15 children, Berlitz Austria GmbH reserves the right to cancel the camp. Registered students then receive the right to change their booking to another session. If this offer is not utilized, course fees will be reimbursed.
The scope of services offered for the camps is based on the current camp catalogue provided.
Should a particular service or activity be impossible due to factors beyond our control (such as bad weather) we reserve the right to offer an alternative or equivalent activity. A cancellation due to a change of activities is not possible.
We provide an airport/train transfer on Sundays from Vienna & Graz for Summer Camp courses. Flight details have to be provided 20 days before arrival or there will be no guarantee of the transfer service & students will have to arrange a taxi transfer. Our staff are unable to wait at the check in desk with your child. Airlines usually require under 14s to be checked in by an adult. Please arrange check in service (airlines provide information).
Berlitz accepts no responsibility for damages by participants or third parties unless these are caused by Berlitz camp staff members. Please check your Accident insurance policy (Family insurance). Berlitz accepts no responsibility for loss of or damages to goods that children bring with them to camp. We recommend that delicate, expensive electronic gadgets, jewellery or other similar valuable objects should not be brought to the camp.The costs for any damages to camp property that is proven to be due to the behaviour of your child must be covered by the parent or guardian.
The place of jurisdiction is Vienna. The contractual relationship between Berlitz and the parent or guardian is governed exclusively by Austrian Law. Any changes and/or amendments to these General Terms and Conditions of Tuition must be in writing in order to become valid and binding. In the event of individual clauses being or becoming invalid, the remaining clauses shall remain untouched.
Place of jurisdiction: Vienna
9.1 Seminar fees
The offer for Berlitz Business Seminars can be viewed on www.berlitz.at. The participation fee with added VAT is due at booking, but at the latest 14 days prior to the beginning of the event. This fee includes, besides the seminar, the work and exercise materials, and the drinks served in the seminar room during morning and afternoon breaks. For open seminars, the fee also includes lunch with an alcohol free drink on the seminar days.
9.2 Cancellation and rebooking
The cancellation right under point 3 of these T&C applies. For cancellation of the registration up to 30 days before the start of the event we do not charge a cancellation fee. For cancellation in a period of 29 days to 7 days before the beginning of the event, we charge a processing fee of 50% of the participation fee plus possible taxes and charges. For later cancellations the total participation fee will be charged, if you have not presented proof of a different damage or administration expense in singular cases. Cancellations must be notified in writing. The proof of sending of the cancellation is the responsibility of the cancelling party. The nomination of a replacement participant is possible at all times.
A free rebooking in other Berlitz Business Seminars is possible up to 3 weeks prior to the start of the seminar, if there are still open and unbooked places available. If this is impossible, the cancellation provisions apply.
9.3 Accommodation and meals expenses
The participant settles the accommodation and meals directly with the hotel. We refer to 9.1 above
9.4 Cancellation of the seminar/ Change to the day programmeBerlitz asks for your understanding that for open seminars the cancellation of an event - e.g. through absence of a speaker or due to low participants numbers - must remain reserved. Berlitz commits to informing the participants on cancellation or required changes to the programme immediately and on time before the start of the event. If an event is cancelled Berlitz refunds the already paid fees or supplies the participants with a transfer card upon request. That transfer card offers participation at another date or in another Business Seminar. Price differences will be adjusted accordingly, i.e. they should either be refunded by Berlitz or paid by the client within a 14 days period after the change. Further claims are excluded unless they are based intentional or gravely negligent behaviour by employees or auxiliaries of Berlitz.
Berlitz explicitly reserves the right to carry out reasonable changes to the event's programme, dates, speakers or type becoming necessary in imperative exceptional cases. Berlitz will in that case immediately inform the participants of the changes.
9.5 Liability limitation
Berlitz is not liable for loss or damage to objects brought by the client, unless the loss or the damage to these items can be verifiably attributed to intentional or gross negligence by Berlitz employees or auxiliaries. The clients are therefore required not to leave valuables or important items behind unsupervised in the conference room.
10.1. Conditions for admission
The condition for participation in the Berlitz 4 languages diploma (course 4SD) / Berlitz Business Diploma (BBD in short) is being the holder of an O level or similar prior education. In English you will need good prior knowledge (Berlitz Proficiency Test 70 % for the 4SD or at least Level 4 for BBD), for other languages you will join a beginners or advanced group depending on knowledge. You will need to present a copy of the school certificate.
Tuition length: 2 6-months terms ( from October for 4SD );
1 6-months term (for the BBD)
The registration to the Berlitz 4 languages diploma/ Berlitz Business Diploma is done in writing by the student and becomes binding by signing the tuition contract overleaf. For minors, the signature of the legal guardian is required. By signing the participant or his/her legal representative accepts the terms of the contract as an element of the tuition agreement. The validity of the registration extends to the total length of tuition.
10.3 Cancellation right
The student has the right to withdraw from the tuition agreement for serious reasons (illness, etc.) up to one month before the start of tuition at the latest.
10.4. Tuition fees
The fees stated in the tuition contract must always be paid one term in advance (up to the first day of the course at the latest) in cash or by bank transfer. Unused services cannot be refunded. The required teaching materials are not included in the tuition fee. The examination fees for the Berlitz 4 languages diploma and the seminars are included in the study fees. The registration fees for the Cambridge and DELF examinations should either be directly paid in the examination centre or they are cashed and forwarded by the Berlitz Centre (e.g. Vienna, Cambridge).
10.5. Tuition times and number of participants
The courses are held as day or evening courses.
The exact number of weekly hours is communicated at the start and adapts to the size of the group at the time. If the size of the group changes during the course the TUs may be adapted. The weekly course length for the Berlitz 4 languages diploma is between 8 and 25 tuition units (of 40 minutes). With a group size of at least 2 participants the weekly training schedule for the Business language diploma consists of 6 tuition units. The Business module is held in blocked form for the participants in the day and evening courses in a full day. On those days, the regular language tuition is cancelled.
Regular attendance to tuition is a duty and intensive self study is required for a successful completion. Berlitz reserves the right to carry out possible changes to the study plan for organisational reasons. Berlitz reserves the right, in particular due to low numbers of participants, to carry out changes. They do not entitle the participant to cancellation, reduced payments or damage compensation.
10.6. Holiday regulation
Legal holidays are excluded from tuition. The following holidays are also planned for (for participants in the Berlitz 4 languages diploma): Christmas, in February and Easter (5 weeks maximum in total) .
The holiday schedule is published at the start of the course.
10.7. Final examinations
The course ends with an oral and written final exam in all the 2/4 languages. After passing the exam the student is granted the Berlitz Business Diploma or the Berlitz 4 languages diploma.
Admission conditions to the final exam are:
To obtain a course certificate, attendance of at least 80% and full payment of the tuition fees are required.
Verbal subsidiary agreements do not exist. Changes and additions must be done in writing.
11. Conditions for eBerlitz
11.1 - General
Berlitz Austria GmbH, Graben 13, 1010 Wien (referred to in the following text as "Berlitz"), is a company providing services which offers companies (referred to in the following text as the "CLIENT") remote access courses using the slogan "eBerlitz", in particular by telephone and over the internet, for the purpose of language training (referred to in the following text as the "SERVICE") for the employees of the CLIENT (referred to in the following text as the "PARTICIPANT"). Berlitz Austria GmbH also offers private clients remote access courses using the slogan "eBerlitz".
All SERVICES provided by Berlitz are exclusively subject to the present General Terms and Conditions of Business, unless an agreement deviating from these has been explicitly accepted by Berlitz. Where Berlitz does not invoke a clause of the present General Terms and Conditions at a specific point in time, this does not lead to a waiver of their use by Berlitz, so that Berlitz can invoke this clause at a later point in time.
11.2 - Contract
11.2.1 Offer by Berlitz
At the request of the CLIENT, Berlitz transmits to this party a quotation which includes the SERVICE, its starting date and duration, and the prices and costs in accordance with the Payment Conditions.
11.2.2 Order of the CLIENT
The CLIENT accepts this offer by sending back, by fax, e-mail or post, a copy of the quotation including a company stamp and his or her signature or the signature of his or her legal representative. The CLIENT retains a copy of the contract thereby concluded.
11.2.3 Identification of the PARTICIPANT
The CLIENT specifies the name or names of the participant(s) at the time he or she places the order, and ensures this or these person(s) are aware of the present General Terms and Conditions, and that they observe these. He or she is explicitly obligated to ensure that no third party pretends to Berlitz to be the PARTICIPANT.
11.2.4 Modification of the contract - New organisation of the course
A reorganisation of the course (change in the course content, or in the language) or the assignment of course units (units by telephone) to another PARTICIPANT is possible, however. Such a modification of the contract is carried out at the cost of the CLIENT. In particular, at least two course units shall then be deducted by telephone, which corresponds to the costs incurred by Berlitz due to such a modification.
Access to online offers is exclusively available to PARTICIPANTS who have been assigned a user name and personal password. This is a kind of subscription. The PARTICIPANT is responsible for the functionality of his or her computer and the maintenance thereof. He bears the costs of the internet connection enabling him to access the offers. Berlitz guarantees the CLIENT no reimbursement whatsoever for access which is not used or is only used minimally.
11.3 - Price, payment conditions and duration of the training
Prices are gross, inclusive of 20% value added tax shown for CyberTeachers' licences, payable to the address specified on the invoice, the account specified there, and at the point in time specified there. Training units provided by telephone are free of value added tax. The price of our courses provided by telephone which are booked via the online platform includes the costs of telephone connections to landline connections in Europe, the United States, and Canada. CLIENTS are invoiced for additional costs incurred for other regions or countries. These are calculated according to the tariff scale of the telephone provider used by Berlitz, and are specified in the quotations and invoices.
In the event of a delay in payment, Berlitz can suspend the continuation of all ongoing orders, irrespective of the exercising of other rights.
The present agreement comes into effect on the day it is signed, and is valid until the end of the course included in the contract at most. In no case can the training extend beyond 31st December of the year N + 1, where N is the year in which the contract is signed.
Berlitz and the CLIENT shall work to ensure the courses take place within the period specified by Berlitz from a pedagogical viewpoint.
11.4 - Conditions of performance of training, logistical and technical responsibilities
As a provider, Berlitz has no obligation to the success of a service. In no event is Berlitz responsible for acts or failures to act on the part of the CLIENT.
11.4.1 Training location
All courses involve remote access teaching only. The PARTICIPANT is free to choose the training location (office, at home, or elsewhere).
11.4.2 Organisation of courses by internet with CyberTeachers Online
With his or her user name and personal password, the PARTICIPANT has access to his or her "CyberTeachers" course programme over the internet, 24 hours a day and seven days a week, from his or her preferred computer. This computer must be equipped with internet access, Flash Player software Version 9, and the Microsoft Internet Explorer web browser, Version 5.0 or higher. "CyberTeachers" will not work with other web browsers, including Netscape, Mozilla, etc. Similarly, it will only work on a PC with the current version of Flash Player and the Windows or Mac OS operating system.
For optimal use, in particular of the multimedia functions and to achieve listening comprehension of the questions, the computer must have a sound card (this must be Soundblaster˗compatible), headphones (or loudspeakers), and a microphone.
The CLIENT is obligated to ensure the PARTICIPANT has the equipment necessary. The functionality and maintenance of the computer used and/or the provision of a properly equipped computer, which is necessary to follow the course by internet, do not under any circumstances fall under the scope of responsibilities of Berlitz.
The costs of the internet connection, which is necessary to be able to use the "Audit Online", "CyberTeachers" and "Re-Test Online" tools, are exclusively charged to the CLIENT. Our offers accessible over the internet within the framework of the online training may direct the user to pull up websites or links which are not under the control of Berlitz. Berlitz cannot be made responsible for any pecuniary or non-pecuniary loss of users where the users leave the strictly didactic framework of the offer.
11.4.3 Organisation of individual courses by telephone
The telephone-based training units can be used by the PARTICIPANT 24 hours a day from Monday to Sunday for training in English, and from 8.00 a.m. to 9.00 p.m. from Monday to Friday for training in German, French, Italian and Spanish, and begin on every half-hour (i.e. 7.00, 7.30, 8.00, etc.).
The PARTICIPANT plans his or her courses directly at "Netplanning", the reservations platform developed by Berlitz which is available on the internet 24 hours a day, seven days a week.
The course teacher calls the PARTICIPANT on the landline telephone number specified by the latter at "Netplanning" at the time of making the reservation.
Under no circumstances may the PARTICIPANT call his or her course teacher on his own initiative. Under no circumstances will Berlitz make a telephone connection available for the receipt of individual courses by telephone. The CLIENT is responsible for its telephone being in operative condition for the courses by telephone. Berlitz is not responsible for missed calls of the PARTICIPANT by the course teacher due to the telephone system of the CLIENT being defective.
In the event of a hindrance, the PARTICIPANT must cancel his or her reservation at least six (6) hours before the originally agreed beginning of the course. This cancellation must only be made via our "Netplanning" reservation tool.
If a cancellation is not made at least six (6) hours in advance or a course is discontinued after it has begun, then this course is charged as given. The PARTICIPANT is then sent an e-mail notifying him or her that he or she has been charged for the course.
11.5 - Intellectual property
Furthermore, it is explicitly agreed that Berlitz is only providing the CLIENT and the PARTICIPANT with time-limited access to the "Audit Online", "CyberTeachers®", "ReTest Online" tools, and teaching materials, etc., and will not under any circumstances grant right of ownership to this software and/or the training contents. The intellectual property to all contents remains with Berlitz.
11. 6 - Premature termination of training
In the event that the contract is terminated by the CLIENT before the agreed beginning of the training, Berlitz charges 25% of the total price of the course, to meet the costs incurred by Berlitz for the preparation of the course.
The same applies where the course is discontinued while ongoing: in this case, Berlitz charges the CLIENT 25% of the price of the remaining course units.
Within the framework of the training over the internet (E-learning with CyberTeachers), the fact that the product has not been completely or partially used does not lead either to a reduction in the price paid by the CLIENT or to this price not having to be paid in total.
11.7 - Non-solicitation clause
For the entire duration of the SERVICE and for up to 24 months after the termination of the SERVICE, the CLIENT is obligated not to directly contact the persons employed by Berlitz with the intention of soliciting these persons to provide them with this service or conclude a contract of employment directly with it. Any CLIENT infringing this prohibition is obligated to compensate Berlitz by paying Berlitz compensation in the amount of the total gross remuneration paid to the employee or business partner in question within the previous twelve months.
11.8 - Confidentiality
All documents distributed by Berlitz to the CLIENT or the PARTICIPANTS are to be treated in the strictest confidentiality (referred to in the following text as "CONFIDENTIAL INFORMATION").
For this reason, the CLIENT is prohibited from disseminating, copying, cede to somebody or lend the CONFIDENTIAL INFORMATION without the explicit written permission of Berlitz. The CLIENT is obligated, moreover, only to use the CONFIDENTIAL INFORMATION for the fulfilment of this contract.
11.9 - Use of the company name of the CLIENT
The name of the CLIENT can be quoted by Berlitz as a reference, unless the CLIENT explicitly objects to this in writing.
11.10 - Jurisdiction
In the event of legal disputes with regard to the performance, interpretation or application of the General Terms and Conditions of Business, Vienna is the sole court of jurisdiction.
The work documents provided by Berlitz are protected by copyright and may not be - even as extracts - without approval by Berlitz and the authorised referees - duplicated or commercially used. Berlitz reserves the right to cancel the services available on www.berlitz.at fully or partially at any time without indication of reason. The user explicitly recognises this right. Berlitz is not liable for any damage compensation or compensation for loss of profits in that case.
The Berlitz website might sometimes include links or other references to websites of third parties. Berlitz has no influence on the content of such websites and is not responsible for it. Berlitz distances itself from websites of offensive, unconstitutional, illegal or pornographic nature. The terms & conditions of the administrators of linked sites apply in addition to the present terms & conditions.
The user's details are saved for internal processing and advertising purposes of Berlitz, in conformity with the legal provisions. If the users do not wish to receive information material from Berlitz, please contact Berlitz Austria GmbH, Tel. 01/5128286 E¬Mail: firstname.lastname@example.org. The details will then be blocked. We also refer to the data protection provisions on www.berlitz.at .
14.1 Use of images
With the conclusion of the contract, the CLIENT declares, in the sense of the Copyright Law as amended, that for him/herself and as the legal representative of the Participant represented, that he or she consents to images produced of his or her person or of the legally represented participant being used by Berlitz as part of a Berlitz event or service and being used as part of business operations, as long as the dignity of the client or the legally represented participant is not compromised in any way thereby. In particular, the client consents to the reproduction of the image on the website of Berlitz and on websites supported by Berlitz, including social media platforms, as well as in brochures, advertising documents and similar.
Berlitz is not liable for the availability and accessibility of www.berlitz.at.
Berlitz is not liable for the non-achievement of specific learning and seminar success. Berlitz also is not liable for the cancellation of a specific seminar module due to force majeure. The liability of Berlitz due to binding legal regulations remains unaffected.
16. Court of jurisdiction
Vienna is the sole court of jurisdiction for any disputes arising from contracts concluded with Berlitz, if the participant is a trader or a legal entity of public law. Otherwise the legal courts of jurisdiction apply.
Only the jurisdiction of the Federal Republic of Austria applies.
Changes and additions to the contract must be done in writing. Should one of the present provisions be invalid, Berlitz has the right to replace it by a valid provision with similar purpose. If this is impossible, the legal provisions apply.
Berlitz Austria GmbH, Graben 13, 1010 Vienna - 23.11.2012