General Terms and Conditions of Agreement
These General Terms and Conditions of Agreement are integrating elements of the school agreements that customers conclude with academia Sprach- und Lernzentrum Schweiz AG (referred to in the follow- ing as «academia»), Grendelstrasse 5, 6004 Luzern. Whenever only the masculine form is used in the Contractual Terms and Conditions, this respectively means members of both genders. Customers individually bear joint and several liability for the obligations that they enter into on the basis of the School Agreement in the capacity of joint and several debtors. Nor shall this joint and several liability be lifted by any subsequent change in marital status.
Performance by academia
academia shall be obligated to carry out the agreed-upon school programme. Instruction shall be provided by technically qualified persons based on methodological-didactical foundations that are in line with the state of the art. The conclusion of the School Agreement does not constitute any guarantee that the educational training objective being strived for will be attained.
Rates, price list
academia publishes the rates for the new school year before 31 March of every year and sends the price list to the customer. The new rates are deemed to be accepted and become part of the Agreement if the customer does not give notice to terminate the School Agreement within the regular 3-month peri- od of notice prior to the end of the school year (31 July).
Registration has two stages: a Trial Period and Definite Enrolment. Prior to registration there is a detailed discussion between the parents and academia. academia may request trial days by a child during teaching time before the child joins the school. The stages of registration follow the signing of the Registration Form by the parents. The conditions of the contract, the current price list, the collective approach between the school and the parents towards the child’s education, and further details of the contract are thereby acknowledged. By the date of entrance at the latest, copies of the child’s last two school progress reports are also provided. The contract between the parents and academia comes into effect with the appropriate written acknowledgement by the school of the provisional accommodation of the child. The first twelve weeks of school following the provisional registration count as a probation period. During this period leaving the school is possible at any stage, entitled to both parties. A decision concerning definite registration follows the probation period. Silence by both parties is considered passing this period. Should the trial period not be successful, the principal or the parents set a date for the child to leave the school. The decision of an unsuccessful trial period includes a process of discussion between the school and the parents.
Upon receipt of the signed registration form, a confirmation of initial enrolment is made in writing within 5 working days and the registration fee of 500 CHF and a deposit in the amount of 1 month’s school fees per child becomes due. The deposit is reimbursed when the child leaves the school and the cancellation of contract happens within the appropriate times according to the school contract and not during the Trial Period. In all other cases, the deposit is not reimbursed.
In the case of exceptional cancellation of contract by academia (“cancellation on important grounds“) or non-entry, the deposit is forfeited in favour of academia.
Payment of the instruction fee
The instruction fee is to be paid either as yearly payment or in the agreed-upon instalments. The due dates for the fee are stipulated in the School Agreement or on the current price list.
The school fee covers all teaching materials. Not included are the costs for field trips, class excursions and camps, as well as the costs for courses and child care before or after school hours.
Failure to attend instruction and consequences of arrears on payment
If the student does not attend class instruction, academia shall be entitled to compensation for inconvenience and cancellation fee of three months’ school tuition plus 15% of the annual school tuition. If one or more instalments are not paid by the agreed-upon deadline for payment, academia shall be entitled to bar the student from attending the school programme until all instalments due are paid. The instruction fee shall be owed for the period in which the student is barred as well.
If no payment is made even after admonishment is issued and a grace period of 10 days, academia can withdraw from the Agreement. In the event of withdrawal from the Agreement, academia shall be entitled to reimbursement for inconvenience and a cancellation fee of three months’ school fee plus 15% of the residual value of the remaining annual fee (i.e. the equivalent value of instruction that is not used). academia shall charge a respective fee of CHF 40.00 each for the second and third admonishment and an amount of CHF 100.00 for expenses in the event of collection.
Leaving during the trial period
When a child leaves IBS Terra Nova based on an unsuccessful trial period, school fees already paid are reimbursed calculated on a pro rata basis as from the leaving date. The registration fee and the depot are not reimbursed.
Term of the Agreement and regular termination
The School Agreement shall be extended by one additional school year at a time if notice is not given by a party to terminate the Agreement by registered letter subject to a three-month period of notice prior to the end of the school year (31 July). In any case, the School Agreement shall terminate at the end of the last school year for which academia provides classroom instruction.
Premature termination during the school year by the customer
The School Agreement may be terminated by the customer by means of a registered letter subject to a three-month period of notice prior to the end of a month. In such case, in addition to the fee for the classroom instruction and school fee, academia shall be entitled to compensation for inconvenience and a cancellation fee of 15% of the remaining annual school fee (i.e. the equivalent value of instruction that is no longer taken until the end of the on-going school year/ 31 July). The school fee during the period of notice and compensation for inconvenience shall also be paid if the student is taken out of school before the end of the Agreement.
Extraordinary cancellation of the Agreement by academia
academia can cancel the School Agreement immediately and without adhering to any period of notice if: • the student grossly violates the School Rules of Conduct or commits a severe disciplinary infraction • the student is repeatedly absent from classroom instruction in spite of written admonishment • other important reasons that make it unreasonable for academia to continue the School Agreement.
In the event of an extraordinary cancellation of the Agreement, in addition to the fee for classroom instruction that has been provided, academia shall be entitled to compensation for inconvenience and a cancellation fee of three months’ school fee plus 15% of the residual value of the remaining annual school fee (i.e. of the equivalent value of classroom instruction not yet taken).
Failure to attend classroom instruction shall not release one from the payment obligation. There shall be no claim to reimbursement.
Change of schools/Entrance examinations
Moving from academia to another school, as well as the registration for entrance examinations to further schooling, are arranged by the parents. academia informs the parents with children in Grade 6 in advance about secondary schooling possibilities as well as deadlines for registration.
Bank holidays and holiday
Holiday and bank holidays shall in principle be based on the holiday and bank holiday regulations in the respective canton in which the classroom instruction is provided. Alongside the school and public holidays the children have three or four additional school-free days; these are reserved for the internal further-training of the academia staff.
As a rule additional holiday days are not possible. Requests for additional holidays by the adults legally responsible for the children (hereafter “parents”) should be addressed to the heads of school in writing and are decided upon by academia.
With the signing of the school contract, parents give their consent that photographs and work of their child may be published in printed material of the school and on the school’s website. Should they not agree, parents can detract this permission by informing academia in writing.
academia International School shall assign persons to as well as design and structure classroom instruction. The school shall be entitled to replace teaching personnel during the term of the Agreement. There shall be no claim to instruction from a certain teacher. In the event that teachers are absent as a result of illness, accident, military service, etc., the school shall assign a replacement.
academia shall not assume any liability towards students – in particular in the case of accidents, loss, injury to persons or damage or assets of any and all kinds – to the extent this is allowed by law.
The applicable area of jurisdiction is Meilen. academia, however, also has the right to prosecute at the community of the parents.