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1. Registration and confirmation
Any registration materials that ESL receives by post, e-mail, fax, or telephone are considered to be valid. The registration will be confirmed no later than 5 days after the appropriate materials are received. The agreement is reputed to have been established once ESL issues a registration confirmation, and the registration then assumes force of law. Insofar as the registrant has reached the age of legal majority, the registrant will be considered to be a contractual partner. If the registrant has not reached the age of legal majority, his/her legal representative will be reputed to be the contractual partner. This person thus must sign the registration agreement and indicate his/her exact address on said agreement. The person who is registered and participates in the language course covered by this agreement is reputed to be the participant and is designated as such below. The person who signs this agreement (the participant or, if he/she is a minor, his/her legal representative) is reputed to be the contractual partner and is designated as such below.
2. Information provided at the time of registration
The contractual partner expressly certifies that the information provided at the time of registration for the language course is accurate and truthful. Furthermore, he/she is aware that any dishonest information or any omission could result in expulsion from the course at any time and without any other formality (e.g. a beginner who has neglected to indicate his/her level registers for a course start date when no beginners’ course is available). In this case, the course fees are not refunded in any way, not even partially.
3. Registration fees
For each registration, ESL charges registration fees amounting to CHF 100.–/EUR 75.–, which are not refundable under any circumstances.
4. Agreement modification fees
If the participant asks to switch to a different course or accommodation type after he/she has initially registered and this registration has been confirmed by ESL, he/she will be obliged to pay agreement modification fees amounting to CHF 80.–/ EUR 55.–, which must be paid when the request for a switch is made. If, after initially registering for a particular course, the participant subsequently opts to take a longer course in the same school, he/she will not be charged any additional fees.
5. Terms and conditions of payment
Once the course confirmation is received, a down payment of 250.–/EUR 170.–, registration fees amounting to CHF 110.–/EUR 75.– (not included in the course fees), and a payment for MOBILIERE cancellation insurance premiums (if a policy is taken out) will be due. The remainder of the course fees and accommodation fees will be due four weeks before the course starts. When the registration takes place less than four weeks before the course starts, all payable amounts will be due immediately. Tuition and accommodation fees are not considered to have been paid if the corresponding amount has not been paid to the account designated by ESL in the registration confirmation.
6. Delay in payment
Should payment not be made by the scheduled due date, the contracting party will be considered to be in default. In such an event ESL will not be obliged to admit the participant to the language course. The existence of a claim on the part of ESL will remain unaffected by the above.
7. Proof of payment
At the start of the course, the participant must produce a document that proves that he/she has paid the tuition and, if need be, accommodation fees. He/she cannot be admitted to the course or be assigned accommodation unless he/she can produce this document. In such a case, ESL’s claims will remain valid in their entirety.
8. Cancellation before the start of the course
Before the start of the course, the contractual partner may withdraw from the agreement at any time. If the contractual partner exercises this right to cancel the agreement, ESL may then require the payment of appropriate compensation. The amount of this compensation depends upon the amount of time that remains between the date when ESL receives the notice of cancellation and the date when the course is scheduled to start. In accordance with this principle, the amount of the compensation is calculated as follows:
On or before 56 days before the start of the course: 10% of the total price billed
From the 55th day until the 30th day before the start of the course: 20% of the total price billed
From the 29th day until the 22nd day before the start of the course: 30% of the total price billed
From the 21st day until the 15th day before the start of the course: 50% of the total price billed
From the 14th day until the day before the start of the course: 100% of the total price billed Non-participation in the course or cancellation after the scheduled date: 100% of the total price billed
Furthermore, the registration fees amounting to CHF 100.–/EUR 75.– and any cancellation insurance premiums will also be billed. The amount due will be refunded no later than four weeks after the notice of cancellation is received. If a participant is refused a visa, once the original document issued by the Swiss /French Embassy is provided, ESL will refund the entire amount that has been paid, minus administrative charges amounting to CHF 150.–/EUR 100.– and bank fees amounting to CHF 60.–/EUR 40.–.
9. Cancellation insurance
ESL insistently recommends that the contractual partner should take out cancellation insurance. If a participant has cancellation insurance and then cancels, the general terms and conditions of his/her insurance policy shall be deemed authentic. A cancellation insurance policy cannot hold ESL liable for the lack of a refund.
10. Passports and visas
The participant is responsible for complying with security, visa, and health requirements for entering and remaining in Switzerland/France. Under no circumstances is ESL liable if a participant is refused permission to enter or remain in Switzerland/ France. Current security, visa, and health requirements may be obtained from the Swiss/French consulate in the participant’s country of residence. In the event that, owing to the participant’s fault, he/she is refused permission to enter or remain in Switzerland/French, no refunds, even partial, will be granted.
11. Civil liability and illness insurance
Before he/she arrives at ESL, each participant must take out an insurance policy that covers civil liability, illness, accident, repatriation, and the loss of personal effects. The participant is responsible for having illness and accident insurance, as well as a civil liability insurance policy that is valid in Switzerland/France. If he/she does not have illness and accident insurance that is valid in Switzerland, he/she may take out an appropriate policy through ESL for CHF 150.–/EUR 90.– per month.
12. Participant’s obligations
The participant is bound to attend classes in person and to arrive on time. He/she is responsible for choosing a course that is adapted to his/her level. If the participant’s classroom attendance is irregular or if he/she exhibits any other behaviour that could disrupt language classes for the other participants, ESL reserves the right to expel said participant from the course. In such a situation, no course fees whatsoever will be refunded to such a participant, not even on a pro rata basis using the duration of the classes that he/she has already attended.
13. Complaints
If a participant wishes to lodge any type of complaint, he/she should inform the course director immediately of this intention. Any requests for compensation must be sent to ESL Montreux by registered letter no later than four weeks after the date on which the course is contractually scheduled to end. After this time period, any claim submitted by the contractual partner will be considered null and void.
14. Discipline
In the event that a participant exhibits poor conduct, unruly behaviour, or a bad attitude, ESL reserves the right to expel him/her at any time.
15. Changes affecting prices, dates, or services
As long as no registration confirmation has been issued to the participant, ESL is authorised at any time to change the dates and prices appearing in the course descriptions published online or via any other means of communication. After ESL has entered into the agreement, it may modify the scheduled programme of services as long as these changes are inevitable and of minor importance, as long as they do not violate the principle of good faith, and as long as they do not affect the overall style of the course. If material changes are made to key services, the contractual partner will be entitled to withdraw from the agreement or to demand to be able to participate in a language course of equal value if ESL can offer him/her such a course. ESL will immediately notify the contractual partner of such an amendment, and he/she must assert his/her rights immediately after he/she receives the corresponding communication from ESL.
16. Minimum number of participants
If the minimum number of participants required for a language course (6 people for a group course) is not reached, ESL will inform the contractual partner at least three weeks before the start of the course. If ESL is unable to offer the contractual partner an alternate language course, ESL will refund all fees that have already been paid. He/she is not entitled to the payment of damages for any loss of time or income, nor is he/she entitled to any other form of compensation. When no course level corresponds to the participant’s level, ESL reserves the right to substitute a group course with private lessons, the number of which depends upon the amount paid by the participant.
17. Activities
Owing to weather conditions or any other reason beyond the control of ESL, ESL reserves the right to cancel one or more activities that have been scheduled as part of the programme. In this case, ESL will substitute another activity.
18. Cancellation of a course by ESL
ESL reserves the right to cancel a course for security/safety-related reasons, due to a strike, due to unstable political conditions, or due to any other extraordinary reasons. In this case, ESL will refund course fees but reserves the right to retain any related administrative charges.
19. Liability
ESL assumes all responsibility for courses that have been booked and commits to organising them as effectively as possible in accordance with its knowledge and awareness. ESL is not liable in any way for damages resulting from an illness, accident, or injury, or for damages due to poor performance or non-performance with regard to services provided by a third party that ESL has mediated. ESL is also not liable in any way for the loss of objects of value or of cash, the loss of or damage to personal effects, etc. except in the case of gross or intentional negligence by ESL.
20. Security/safety
ESL is authorised to take any necessary steps that appear to be justified to ensure participants’ health and well-being. ESL is thus entitled to undertake any measures to ensure that participants receive proper medical attention. Any resulting charges will be billed to the contractual partner (or, if the participant is a minor, to his/her parents).
21. Personal data protection
At ESL, personal information is only recorded if a catalogue is ordered, an offer is requested, or course registration takes place. In principle, external organisations or individuals do not have access to personal data, which remain at ESL. Personal data is passed on to book accommodation (e.g. host family, university residence, or hotel) or to comply with legal requirements. In certain cases, ESL provides access to these data to the authorities (e.g. immigration authorities). Personal data is stored at ESL in Montreux. Apart from being used to offer advice and process reservations, the data will be used to provide the participant with information about new ESL products.
22. Promotional materials
ESL reserves the right to keep and use photographs or materials created or compiled by the participants for promotional purposes (unless otherwise instructed by the participant or his/her parents, who must provide us with these instructions in writing at the time of registration).
23. Applicable law and jurisdiction
Swiss law exclusively will be applicable to this contract. Montreux (Switzerland) is stipulated as the exclusive place of jurisdiction. These general terms and conditions of sale in no way restrict the general applicable rights of the contractual partner. |
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