General Sales Terms and Conditions Institut Allemand-Genève Sàrl

Status: September 2023

1. Scope of application

These General Sales Terms and Conditions (hereinafter "GSTC") apply to all registrations and contracts concluded online via the https://www.allemand-geneve.ch website, by telephone, by e-mail, or directly at Institut Allemand-Genève, 38A route de Malagnou, 1208 Geneva (hereinafter "Institut Allemand-Genève").

2. Course organization

For organizational reasons, Institut Allemand-Genève reserves the right to postpone or group courses, to move the venue, or to shorten the duration of a course, subject to proportional reimbursement. In the event of the absence of a regular teacher, the Institut Allemand-Genève may change the teacher or hire a substitute. Institut Allemand-Genève reserves the right to convert face-to-face teaching into distance learning under the same conditions if face-to-face teaching cannot be provided, for example, in cases of force majeure or for other reasons.

3. Number of participants and course structure

a) German group courses at the Institut Allemand-Genève

To ensure that courses run smoothly, the Institut Allemand-Genève sets the number of participants for each course, which can be adjusted if necessary. Places are allocated on a first-come, first-served basis (subject to timely payment).

As a general rule, if the number of participants is insufficient, the course will not take place, and the customer will be exempted from or reimbursed for the course. The Institut Allemand-Genève also reserves the right to cancel courses announced in the program for other reasons not attributable to the Institut Allemand-Genève. Paid courses will be refunded. All other claims by participants, in particular claims for damages in the event of changes to or cancellation of a course, are expressly excluded. If the number of course participants is insufficient, and in certain special cases, the Institut Allemand-Genève may run the course, provided that the participants agree to an increase in the course fee or, where appropriate, a reduction in the number of lessons, with the price remaining constant.

4. Exclusion from a course

The Institut Allemand-Genève reserves the right to exclude participants from a course. The full course fee remains payable in the following cases, i.e., there is no pro rata refund or waiver of payment: exclusion for non-payment of participation fees or in serious cases such as breach of honor, harassment, intentional damage to property, etc. The course fee is payable in full in the following cases, i.e., there is no pro rata refund or waiver of payment: exclusion for non-payment of participation fees or in serious cases such as breach of honor, harassment, intentional damage to property, etc.

5. Enrolments, payment of course fees, changes to bookings, and absences from courses

All registrations are binding and commit the participant to paying the course fees. Prices are quoted in Swiss francs, including any value-added tax (VAT). Non-payment of course fees does not constitute withdrawal from the course. After registering for a course, the participant receives a binding confirmation of registration with payment instructions from the Institut Allemand-Genève. The participant must check the registration confirmation immediately and report any discrepancies immediately.

The Institut Allemand-Genève sends invoices and documents by e-mail.

Digital licenses (e.g., e-books, access to platforms, etc.) will not be reimbursed once the access code has been sent.

If the participant and the invoice recipient are not identical, the participant and the invoice recipient are jointly and severally liable to Institut Allemand-Genève for all debts.

Institut Allemand-Genève may commission third parties with collection and is authorized to transfer billing claims or the right to receive payments in accordance with the provisions to third parties. The costs of the transfer to a collection service provider (at the earliest after the second written reminder) are to be borne in full by the participant or invoice recipient.

a) German group courses at the Institut Allemand-Genève

Enrolment implies a binding commitment and responsibility on the part of the participant to pay the course fees for the specified term. The registration fee of CHF 100 is a one-off payment to be made at the time of enrolment, covering all future courses. Books and other course materials must be paid in addition; this fee varies between CHF 50.- and CHF 100.- depending on the books. Courses are billed by trimester, with the possibility of joining a group during the trimester, in which case the cost of the trimester will be prorated.

If a participant misses a lesson for any reason, whether planned or unplanned, the missed lesson cannot be replaced, postponed, or refunded. Therefore, once a participant has registered for a group course, commitment to all lessons is expected.

b) German for business and German for young learners

The registration fee of CHF 80.00 is a one-time payment to be paid with the first invoice, covering all future courses. Books and other course materials must be paid in addition; this fee varies between CHF 50 and CHF 100, depending on the book. In addition, for courses held in downtown Geneva, an extra charge of CHF 10 per course will be billed for teacher travel. For courses held outside downtown Geneva, the amount will be based on the distance in kilometers.

The period of validity varies according to the type of lesson pack chosen. 10-lesson packs are valid for 3 months from the date of purchase. 20-lesson packs are valid for 6 months from the date of purchase. Lessons not used within these validity periods cannot be carried forward or refunded.

The Institut Allemand-Genève allows a certain amount of flexibility when it comes to canceling or postponing lessons, but only under certain conditions. Participants may postpone or cancel a lesson by providing written notice at least 24 hours before the scheduled lesson time. If this condition is met, the lesson can be rescheduled at no extra charge. However, if the cancellation or postponement occurs less than 24 hours before the start of the lesson, the lesson will be due and cannot be refunded or postponed. It is advisable, as far as possible, to maintain the same time slot for lessons to ensure consistency in the course of instruction.

6. Partial payments

Partial payments are possible at the request of participants, at the discretion of the Institut Allemand-Genève.

7. Course certificate

At the request of the participant, and if at least 80% of the course has been successfully completed, the Institut Allemand-Genève will issue a certificate of attendance within one year of the end of the course. All other provisions are expressly reserved.

8. Children and minors

Parents or legal guardians undertake to assume responsibility for underage students during the course and to provide all necessary information concerning the safety, health, and preferences of their children.

a) Care, supervision, and control of students

Parents or legal guardians must ensure that the teacher is present before leaving their children. Parents are also required to inform the Institut Allemand-Genève team of the persons authorized to bring and collect their children from the premises.

Parents are responsible for supervising their children outside school hours, before the teacher arrives or after classes have finished. It is essential that parents ensure that their children are adequately supervised during these periods.

b) Communication and collaboration

Parents or legal guardians are required to share all relevant information regarding their children's specific needs, whether in terms of health, allergies, dietary preferences, or other considerations important to the student's well-being, during class.

c) Communication in case of need

Institut Allemand-Genève undertakes to maintain open communication with parents or legal guardians in the event of emergencies, incidents, or concerns relating to the welfare of the minor student. Parents or legal guardians are required to provide accurate and up-to-date contact details to always ensure smooth communication. In addition, they must be available by telephone in the event of an emergency during class periods.

9. Exclusion of liability and insurance

For all courses and events organized by the German Institute Geneva, the latter declines all responsibility for damage caused. Each participant must choose adequate insurance coverage. Use of the Institut Allemand-Genève facilities is at the participant's own risk. Institut Allemand-Genève cannot be held responsible for theft or loss.

On the premises of the Institut Allemand-Genève, participants are required to comply with current official guidelines (e.g., hygiene regulations) as well as those of the Institut Allemand-Genève. Participants showing symptoms of illness, suspected infection with transmissible pathogens, and/or quarantine (ordered by the authorities or by the participant himself/herself) are not allowed to visit the premises of Institut Allemand-Genève (including partners' premises, external workshops, and space rented from other companies). The risk of contagion cannot be totally ruled out, even if hygiene rules are observed. The Institut Allemand-Genève accepts no liability in this respect.

Participants are not entitled to any rights resulting from the impossibility of achieving their learning objectives or their success, in particular, no reimbursement of course fees.

10. Data protection

The processing of personal data in connection with courses offered by the Institut Allemand-Genève is subject to the Institut Allemand-Genève's data protection declaration. The data protection declaration explains how Institut Allemand-Genève processes personal data, contains information on the purpose for which personal data will be processed, and sets out the rights of data subjects regarding their personal data. The data protection declaration is available online at https://www.allemand-geneve.ch/en/privacy-policy/. By registering, participants agree to the processing of their personal data in accordance with the data protection declaration.

The Institut Allemand-Genève may send the participant information and offers from partner companies, for example, in the form of advertising brochures. By registering, the participant agrees that the corresponding messages may also be sent electronically, e.g., by e-mail.

These messages and their delivery may also be personalized in order to provide the participant with only the information likely to be of interest to him or her. To offer participants a personalized user experience, Institut Allemand-Genève may evaluate behavioral and transactional data together with personal data already available. Further information on this profiling, as well as on the rights of the participant, is also set out in the data protection declaration of the Institut Allemand-Genève.

11. Video and audio recordings

Video and audio recordings are only permitted on the premises of the Institut Allemand-Genève and during online courses with the explicit agreement of the Institut Allemand-Genève and the participants.

12. Changes to courses, prices, and terms and conditions GSTC

The Institut Allemand-Genève reserves the right to modify courses, prices, and GSTC at any time. The version of the GSTC in force at the time of registration is authoritative.

13. Severability clause

Should any provision of these GSTC be invalid, incomplete, or unenforceable, the validity of the remaining provisions shall not be affected. In such a case, the invalid provision must be replaced by a valid provision that achieves the original purpose of the contract in a legally permissible manner and comes as close as possible to the original intention. The same applies to loopholes.

14. Applicable law and place of jurisdiction

All legal relations with Institut Allemand-Genève are governed by Swiss law. The exclusive place of jurisdiction for all disputes arising from or in connection with these GSTC and the courts is Geneva, Switzerland.

(End of General Sales Terms and Conditions)