General Terms and Conditions

1. Scope

These general terms and conditions (AGB) govern the relationship between Lern Academy and its clients and their legal representatives. They apply to all contracts, agreements and any correspondence (oral, written or electronic).

All points and prices for the services and products mentioned in the correspondence are binding on both sides.

2. Registration

Registration for the tutoring must be made in writing, by email or via the online form on the website www.lern-academy.ch. Registration implies acceptance of these terms and conditions.

3. Conclusion of the contract

After registration, clients receive an individual offer from Lern Academy which they may accept. An accepted offer constitutes a binding contract and at the same time signifies acceptance of all contractual conditions.

4. Prices

The prices per lesson apply in accordance with the current price list of Lern Academy. The price list is available on www.lern-academy.ch or can be requested by email, telephone or WhatsApp.

5. Payment terms and validity of lesson packages

Lesson packages are to be paid in advance. A refund of lessons already paid for but not used is generally excluded, except in documented cases of hardship. Lesson packages are valid for 12 months from the date of purchase and lapse thereafter without any claim to a refund.

6. Invoicing and due date

After booking, clients receive an invoice by email which must be paid within a payment period of 10 days.

7. Default

If the invoice is not settled within the aforementioned payment period, clients are first reminded free of charge and then sent a written reminder by email. An administrative fee of CHF 50 is charged per reminder. Following a reminder, lessons may be suspended until payment has been made in full. Lern Academy reserves the right to assign unpaid invoices to a debt collection agency after two unsuccessful reminders.

8. Consultation

After registration, Lern Academy offers its clients a free consultation in order to determine the appropriate tutoring offer and the appropriate teacher on an individual basis.

9. Free trial lesson

If clients accept the offer from Lern Academy, they have the opportunity to get to know the tutor proposed by Lern Academy in a free trial lesson of 90 minutes. If the clients are satisfied with the tutor, the subsequent tutoring will take place with this teacher. If the clients are not satisfied with the tutor, they will receive a free trial lesson with further tutors of Lern Academy under the following conditions:

• A single tutor may be tried only once, irrespective of the subject.
• A maximum of two free trial lessons with different tutors may be held per subject.
• If students fail to attend an agreed appointment without an excuse, Lern Academy reserves the right to charge for the trial lesson at the normal lesson price in accordance with the current price list.

10. Scope of the assignment

The scope of the assignment is set out in the relevant course description.

11. Duration of the lessons

Tutoring takes place either in units of 60 minutes or in double lessons of 90 minutes.

12. Place of tuition

Clients may decide, in consultation with Lern Academy, where they wish to receive their tutoring. Lessons take place either at the clients’ home, online via digital platforms, or at a particular location chosen by the clients.

13. Online tuition

For online tutoring, clients require a stable internet connection, a device as well as a webcam and a microphone. In the event of technical problems on the client’s side, lessons are charged; where the problem lies on the tutor’s side, the lessons are made up.

14. Cancellations and the 24-hour rule

If an agreed appointment cannot be kept, the lesson must be cancelled in writing at least 24 hours before the start of the lesson. In the case of a cancellation less than 24 hours in advance, the full lesson is charged.

15. Late arrivals

If clients are late, the time lost is not made up. Should the tutor be late on any occasion, the time lost is made up in full.

16. Complaints and replacement of tutors

The client is obliged to report any complaints regarding the quality of the tuition or the conduct of a tutor to Lern Academy in writing without delay, but at the latest within 48 hours of the lesson concerned.

In the case of justified dissatisfaction with a tutor, Lern Academy has the primary right to provide a replacement teacher within a reasonable period (right to remedy).

A change of tutor does not entitle the client to terminate the package early or to reclaim payments made, provided that an adequate replacement teacher can be offered.

Should Lern Academy, despite a reasonable period, be unable to provide an adequate replacement teacher who meets the requirements of the original contract, the client is entitled to a proportional refund of the lessons not taken. In this case, 80% of the remaining amount is refunded; 20% is retained as a processing and administration fee.

17. Extension of the tutoring package

Clients always have the option of extending or renewing their tutoring packages. Upon renewal of the tutoring package, the existing learning package is concluded in accordance with the lessons taken and a new contract is concluded for the new learning package. For the new contract, the prices in accordance with the current price list and the current contractual conditions apply.

18. Further participants in the tutoring

The tutoring is intended only for the students who have been booked. If clients wish to bring further students to the tutoring, this must be reported to Lern Academy in writing. Clients are charged in accordance with the standard prices of Lern Academy for each lesson in which further students take part. A transfer of the booked tutoring lessons to other students is not possible.

19. Insurance

Adequate insurance cover (in particular liability and accident insurance) is the responsibility of the clients.

20. Non-solicitation

Where the contact between the tutor and the client arose through Lern Academy, the clients are strictly prohibited, during the term of the contract and for 5 years thereafter, from soliciting the tutors of Lern Academy for the purpose of providing or arranging tutoring or otherwise for teaching purposes in any form. In the event of a breach of the non-solicitation provision, the clients undertake to pay Lern Academy a contractual penalty of CHF 5,000 per solicited or placed tutor.

21. Termination by Lern Academy

For important reasons, which are communicated to the client in writing, Lern Academy may terminate the contract unilaterally and without notice at any time. These reasons include breaches of the contractual conditions, serious disciplinary offences, conduct relevant under criminal law or disruption of the tuition. In the event of termination by Lern Academy, lessons not yet taken are refunded at 90% and an administration flat fee of CHF 100 is charged.

22. Guarantee of success

Lern Academy always works with the aim that our students achieve their academic goals. Nevertheless, Lern Academy cannot give any guarantee of success. In accordance with Art. 394 et seq. of the Swiss Code of Obligations (OR), Lern Academy owes a careful selection of the tutors as well as a conscientious performance of the tuition. Success in the learning efforts, in particular the achievement of specific grades, the passing of examinations or the attainment of particular learning objectives, is expressly not guaranteed. Responsibility for learning success remains entirely with the client or the learner.

23. Exclusion of liability

The liability of Lern Academy for slight negligence is excluded. Liability for gross negligence and unlawful intent remains reserved in accordance with Art. 100 OR. In accordance with Art. 101 para. 2 OR, liability for damage caused by the tutors engaged (auxiliary persons) in the performance of their duties is fully excluded. Lern Academy is not liable for indirect damage, consequential damage or lost profit (e.g. costs for retake examinations, exclusion from school or loss of time).

24. Data protection

When collecting and processing personal data, Lern Academy observes the provisions of the Swiss Federal Act on Data Protection (DSG). The data necessary for the conduct of business is processed by Lern Academy and stored where necessary. Lern Academy protects client data by means of appropriate measures and treats it confidentially. Client data is not passed on to third parties.

25. Legal succession

The transfer of the contract or of rights or obligations under this contract requires the written consent of both sides. However, Lern Academy may transfer or assign contracts or claims to third parties for debt collection purposes without the client’s consent.

26. Amendments

Lern Academy reserves the right to amend the AGB and the range of services at any time. The current version is available at www.lern-academy.ch.

27. Special agreements

Insofar as the relationship is not governed by this contract, the relevant statutory provisions apply, in particular those of the Swiss Code of Obligations. For disputes arising out of and in connection with this contract, the registered seat of Lern Academy applies as the exclusive place of jurisdiction.

28. Severability clause

Should individual provisions of these AGB be invalid or incomplete, or should performance become impossible, the validity of the remaining provisions is not thereby affected.