Terms and Conditions

1 - Registration and confirmation
All registrations received by ESL Education S.A. (“ESL”) by post, e-mail, fax or telephone will be deemed to be valid. Registration will be confirmed within a maximum of 10 working days following receipt of a valid registration. The contract will be deemed to be finalised as soon as ESL has confirmed the registration, and will then be legally enforceable. Where the registered person is an adult, that person will become a contract partner of ESL. Where the registered person is not an adult, his/her legal representative will become the contract partner of ESL. In that event, the legal representative must sign the contract and give his/her exact address. The person who is contractually registered to a language course will become a participant, designated as such below. The person who signs the contract (either the person him/herself or, where the person is a minor, his/her legal representative) will be identified as a contract partner, designated as such below.

2 - Information provided at the time of registration
The contract partner expressly declares that the information provided at the time of registration for a language course is true and accurate. Any inaccurate information or omission may lead to immediate expulsion from the course (for example, if a “complete beginner” overestimates his/her level of linguistic ability in order to be able to start a course on a date other than the official commencement date for “complete beginners”). In that event, the costs of the course will not be refundable, either in whole or in part.

3 - Registration fees
ESL will charge the following registration fee for each registration: CHF 110 / EUR 75. This fee is non-refundable.
In the event of late registration, from two weeks after commencement of the language course, the participant will be charged an express processing fee of CHF 50 / EUR 35.

4 - Agreement modification fees
In the event that a participant wishes the type of course or accommodation conditions to be varied following confirmation of registration by ESL, a variation fee of CHF 80 / EUR 55 will be charged and will be payable with the request for variation. No additional charge will be required if the participant decides to extend his/her language course at the same centre.

5 - Conditions of payment
Fees will become payable immediately on receipt of confirmation of registration as follows:
- a deposit of CHF 250 / EUR 170.
- the registration fee of CHF 110 / EUR 75 (not included in the cost of the language course).
- payment of the premium for the cancellation insurance and/or the [accident/] health insurance (where policies have been taken out).
The balance of the total fees must be paid at least four weeks prior to commencement of the language course. In the event that ESL receives a registration less than four weeks prior to commencement of the language course, the full amount must be paid on receipt of the invoice. Neither the course nor the accommodation will be deemed to have been paid for unless the relevant amount has been received into the account details of which will be provided by ESL upon confirmation of registration.

6 - Payment period
The contract partner will be held liable in the event that the payment periods specified by ESL in the confirmation are not complied with. In such circumstances, ESL reserves the right to refuse entry to the course. No claims will be accepted by ESL.

7 - Proof of payment
Participants may be asked to provide documentary proof of payment of the full fee for their course and accommodation either before or on commencement of the language course. Failure to do so may mean that entry to both the course and the accommodation will be refused. In the case of late registrations, ESL will ask for proof before sending the pre-arrival documentation.

8 - Cancellation prior to commencement of the course
A contract partner may cancel his contract at any time prior to commencement of the language course. In that event, ESL will be entitled to seek payment of appropriate compensation, the amount of which will depend on the period of time remaining between the date on which ESL receives the cancellation and the date of commencement of the language course. In accordance with this principle, the amount of compensation is calculated as follows:

- 56 days or more prior to the first day of the language course:
10% of the total invoiced price
- Between 55 and 30 days prior to the first day of the language course:
20% of the total invoiced price
- Between 29 and 22 days prior to the first day of the language course:
30% of the total invoiced price
- Between 21 and 15 days prior to the first day of the language course:
50% of the total invoiced price
- Between 14 days and the first day of the language course:
100% of the total invoiced price
- Failure to participate in the course or cancellation after the given deadlines:
100% of the total invoiced price

The registration fees of CHF 110 / EUR 75 and the insurance costs will remain due. The cancellation amount must be received at the latest 10 days following receipt of the cancellation invoice. In the event that a participant is refused a visa and the original refusal document issued by the Swiss/German/French Embassy is supplied, ESL undertakes to reimburse the whole amount paid, less an administration fee of CHF 150 / EUR 100 and bank charges of CHF 60 / EUR 40.

9 - Cancellation insurance
ESL recommends that contract partners take out a cancellation insurance policy. In the event that the participant has taken out cancellation insurance and then cancels his/her course, he/she will be responsible for notifying his/her insurers. Under no circumstances will a cancellation insurance policy render ESL liable for non-reimbursement of a course. ESL offers cancellation insurance, for which the charge is CHF 75.00/EUR 60.00 for 3 months.

10 - Passports and visas
The participant will be responsible for complying with the security regulations, the regulations governing the obtaining of a visa, and the health regulations required to enter and stay in Switzerland/Germany/France. Under no circumstances will ESL be held liable for any notice of refusal to enter or stay in Switzerland/Germany/France given to a participant. Information relating to the regulations governing security, health and obtaining a visa can be obtained from the Swiss/German/French Embassy or Consulate in the participant’s home country. No reimbursement will be made, either in full or in part, in the event that a participant is refused permission to enter or stay in Switzerland/Germany/France by his/her own fault. ESL will provide a letter of invitation for the visa application following receipt of all the costs of the language course.

11 - Accident/health insurance
Every participant will be entirely responsible for obtaining accident and health cover valid for the country in which he/she intends to stay for the whole period of his/her stay. In the event that he/she does not have such cover at the time of registration, ESL will include an appropriate insurance policy covering these risks. For a course in Switzerland, the cost of this cover is CHF 180 per month. For a course in France/Germany, the cost of cover is EUR 39 per month for EU citizens, and EUR 79 per month for non-EU nationals. This insurance will be invoiced with the reservation package and will cover accidents and illness only.

12 - Damage caused by participants / civil liability
Prior to arrival at ESL, each participant must take out a policy of insurance to cover any loss/damage which he/she may cause during the course of his/her stay. In any event, and even if a participant does not feel that it is appropriate for him/her to take out such insurance, he/she will be liable for any losses caused to ESL, its commercial partners and any other third party unless the liability of ESL can be clearly demonstrated.

13 - Obligations of participants
Participants are required to attend the course and to arrive on time. They are responsible for choosing a course which is appropriate for their level of capability. Failure to attend the course, or irregular attendance, or any disruption to lessons caused by an individual participant’s attitude will entitle ESL to expel the participant. ESL will not reimburse or pay compensation for any part of the missed course or any additional travel costs incurred.

14 - Late arrival
In order to avoid disturbing the class, any participant who arrives more than 15 minutes late should wait for the break before joining the class.

15 - Inconsistent attendance
Any participant who does not attend all of the classes which make up the language course will not be entitled to any reimbursement. He/she will not be entitled to receive his/her certificate unless he/she attends at least 80% of the classes.

16 - Claims
In the event that a participant wishes to bring a claim, he/she must notify the head of the centre immediately. Any claim for compensation must be notified in writing to ESL Montreux, and may not arrive more than four weeks after the contractual termination of the language course. After that time, any action taken by the contract partner will be deemed to be null and void.

17 - Discipline
In the event that a participant is badly behaved, undisciplined, or demonstrates a poor attitude, ESL reserves the right to expel him/her immediately. In that event, ESL will not reimburse or pay compensation for any part of the missed course or any additional travel costs incurred.

18 - Changes affecting prices, dates or services
Until such time as a participant receives the confirmation of registration, ESL may change the dates and prices of language courses published on the internet or any other communication tools at any time. Following confirmation of registration between ESL and the participant, ESL may change its programme of services, provided that the changes are minor, unavoidable, based on good faith and do not in any way affect the teaching services. In the event that the “key” services provided by ESL are affected by major changes, participants may withdraw or apply to join a different course of the same value, if ESL is in a position to provide this. ESL must notify participants of any changes immediately and participants must notify ESL as soon as possible after receipt of such notification of their intention to exercise their rights.

19 - Minimum number of participants
In the event that it is not possible to achieve the minimum number of participants required for a language course (6 persons for a group course), ESL will notify the contract partner at least three weeks prior to the commencement of the course. If ESL is unable to provide a replacement service, ESL will undertake to reimburse all fees paid to date. Under no circumstances will ESL pay compensation for any inconvenience or loss of time. In the event that none of the courses are appropriate for the participant’s level of ability, ESL reserves the right to substitute the group course for private tuition. The number of hours of private tuition will depend on the amount paid by the participant.
When the participant enrols for a private course, ESL is the only one who is entitled to appoint the teacher(s) in charge of the course, to change him/her if necessary, or to arrange the course schedule.

20 - Activities
Depending on the weather conditions or other circumstances beyond the control of ESL and its organisation, ESL reserves the right to cancel one or more of the scheduled activities described in the brochure. In that event, ESL undertakes to substitute the cancelled activities with others.

21 - Public holidays
The contract partner declares that he/she is aware that schools are generally closed on local public holidays, and acknowledges that this will not give rise to any claim for compensation against ESL.

22 - Cancellation of ESL courses
ESL reserves the right to cancel a language course for safety reasons as a consequence of a strike, political unrest or for any other extraordinary reason. In that event, ESL undertakes to reimburse all costs relating to the course. ESL reserves the right to retain a certain amount to cover administration costs.

23 - Liability
ESL will assume full responsibility for the language courses offered and undertakes to organise them efficiently in accordance with its knowledge and experience in the sector. Under no circumstances can ESL be held liable for any loss resulting from illness, accident or inconvenience caused by poor service provided by any agent appointed by ESL. Neither will ESL be responsible for the loss of any valuables, personal items, money, etc. unless such losses were due to deliberate negligence on the part of ESL.

24 - Safety and security
ESL is authorised to take all reasonable action as required to ensure the well-being and good health of the participants. ESL is also entitled to take all necessary measures to provide a participant with any appropriate medical care in the event of necessity. Any costs arising from such medical attention will be borne by the participant, or his/her legal representative if he/she is a minor. A written release/authorisation signed by the legal representative will be required in respect of certain sporting packages where risk is involved. Without such a signed document, ESL reserves the right to refuse to allow the participant to take part in certain sporting activities.

25 - Protection of personal data
Within ESL, personal data is only recorded in the event of a request for information, offers or registration for a language course. In principle, external organisations and individuals do not have access to the ESL database. Personal data is communicated in order to reserve accommodation (host family, hostel or hotel) or in response to a legal demand. In certain cases, ESL may provide such information to competent authorities (for example, to immigration authorities). Personal data is filed and registered at ESL-Montreux. In addition to such data being used to provide advice and information on reservation procedures to the participant, they may be used to provide participants with information about new ESL products.

26 - Promotional material
ESL reserves the right to retain and use photographs either taken by or showing a participant for promotional purposes. The same applies to anything produced by the participant during the language course. This right will be deemed to have lapsed if the participant or his/her legal representative specifically revoke this point in writing at the time of registration.

27 - Applicable law and jurisdiction
Swiss law will apply exclusively to the contractual relationship between ESL and the participant. Jurisdiction will lie with the courts of Montreux (Switzerland). The general terms and conditions of sale will not, under any circumstances, limit the laws applicable to the contract partner.
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