General Terms and Conditions
1. Scope
These General Terms and Conditions (“GTC”) apply to the entire business activities of Open Learning Space GmbH (hereinafter the “Company”). The Company offers homework support for primary, lower secondary and upper secondary school students as well as preparation courses for the entrance examinations to Zurich grammar schools.
2. Conclusion of contract
By accepting the offer letter received or by submitting the registration form, the legal representative acknowledges the General Terms and Conditions and the current prices. The contract between the legal representative and the Company is concluded upon written confirmation of the individual tuition and/or course participation by a representative of Open Learning Space GmbH. In any case, the contract is concluded when the customer makes use of the services offered by the Company.
3. Prices
All prices are in Swiss francs (CHF). The Company reserves the right to adjust prices. The prices valid at the time the contract is concluded shall apply.
4. Payment
The customer is obliged to pay the invoiced amount within 14 (fourteen) days from the invoice date. If the invoice is not paid within the aforementioned payment period, the customer will receive a reminder. If the customer does not pay the invoice within the reminder period set, they will automatically be in default.
From the time of default, the customer owes default interest (5%) in accordance with CO 104.
The Company reserves the right to require advance payment at any time without stating reasons.
In the event of late payment, the Company is entitled to refuse to provide the service.
5. Cancellation / refund
A lesson is considered excused if the office has been notified 24 hours before the start of the lesson; for tutoring on Mondays, the cancellation must reach the office by 9:00 AM at the latest. Unexcused lessons will be charged in full.
Free trial lesson: Agreed trial lesson appointments must be cancelled by the customer by phone or email at least 6 hours before the appointment; otherwise, an administration fee of CHF 60.- will be charged.
Small group tuition:
Per lesson package (10 lessons), 2 lessons may be missed without an excuse. Any further missed lessons will be deducted from the credit.
Gymnasium preparation courses:
The course fee is due before the start of the course and includes all costs for tuition and course materials. Missed lessons cannot be refunded. Non-payment of the course fee does not count as a cancellation. For cancellations up to two weeks before the start of the course at the latest, a processing and reservation fee of CHF 200.00 will be charged. If the cancellation is made later, the full course fee is due. If the number of participants is too small, group courses may be cancelled. The course fee will be refunded in full.
6. Termination
For important reasons, the Company may terminate the contract without observing a notice period. Important reasons include serious disciplinary offences, criminally relevant behaviour, serious breaches of the house rules and disruption of school operations. In the event of termination by the Company, there is no entitlement to a refund of tuition fees already paid.
7. Obligations of the Company
The Company guarantees the provision of the agreed service by selected tutors. Substitute tutors may be used if required.
8. Warranty/liability
The Company warrants to perform the agreed services to the best of its knowledge and belief. However, no guarantee is given that academic success will be achieved.
Any liability for auxiliary persons is excluded in full. For damage to persons and/or property caused by the student on the way to school or in or at the school, the legal representative of the student is solely and fully liable.
9. Insurance
For all offers of the Company, the legal representative is responsible for ensuring adequate insurance coverage for the student. The Company is not liable for theft or loss of items.
10. Data protection
The Company may process and use the data collected in the course of concluding the contract in order to fulfil the obligations arising from the contract. The Company takes the measures required to secure the data in accordance with the statutory provisions.
11. Amendments
These General Terms and Conditions may be amended by the Company at any time.
The new version shall enter into force 30 (thirty) days after being published on the website by the Company.
For customers, the version of the GTC that is in force at the time the contract is concluded shall generally apply.
12. Applicable law / place of jurisdiction
These GTC are subject to Swiss law. Unless mandatory statutory provisions take precedence, the court at the Company’s registered office shall have jurisdiction.
(Zurich, 2024-03-26)
