General Terms and Conditions of Terra Nova

These General Terms and Conditions of Contract are an integral part of the school contracts that the legal representatives of the students (parents, guardians etc., hereinafter: “legal representatives”) concluded with Academia Schools GmbH, Lagerstasse 1, 8004 Zuerich, Switzerland, Terra Nova as a Member of Academia (hereinafter: “Academia”). They apply to all courses of study concluded with Academia. By registering for a course of study, the legal representatives declare their agreement with these General Terms and Conditions of Contract and are bound by them.

Certain services of Academia may be subject to separate terms of contract and/or registration, which supplement the provisions of these General Terms and Conditions of Contract. These will be referred to separately in connection with the respective service. Insofar as these separate and special conditions for individual service areas deviate from the provisions of these General Terms and Conditions of Contract, the provisions of the special conditions shall take precedence over the respective provisions of these General Terms and Conditions of Contract.

Conclusion of contract and obligations of the contracting parties

The contract is concluded by the school contract being signed by both the legal representatives and the representative of Academia.
The legal representatives are jointly and severally liable for the obligations they enter into through the school contract. This joint and several liability shall not be eliminated by any subsequent change in civil status.

The legal representatives are liable for the obligations they enter into through this school contract, even if the student comes of age.
The legal representatives declare their agreement with the school regulations, the code of conduct and the school handbook.

If the student does not attend school despite the concluded school contract, Academia shall be entitled to an administrative fee and a cancellation fee in the amount of three months’ school fees.

In consultation with the legal representatives, Academia may determine that the first twelve school weeks after starting school are a probationary period. During the probationary period, the student may leave the school at any time; both parties, i.e. the legal representatives and Academia, may withdraw from the school contract during this period. At the end of the probationary period, a decision shall be made on the student’s definitive admission. Silence shall be mutually understood such that the probationary period has been successfully completed. If the probationary period has not been successfully completed, the school management shall determine the date on which the student leaves the school. The decision on an unsuccessful probationary period shall be preceded by an exchange between the legal representatives and the school management.

Lessons shall be taught by qualified teachers using modern didactic and methodological methods. Academia is responsible for the staffing and organisation of the lessons. The school is entitled to change teachers during the term of the school contract. There is no entitlement to lessons with a particular teacher.

Should an entire course of study be definitely cancelled, the fees already paid shall be refunded. Any reimbursement of further costs is excluded.

The conclusion of the school contract is no guarantee of the attainment of the aspired educational goal.

If it is necessary to change the methods of regular lessons (e.g. to distance learning) due to official instructions, pandemics, similar events or force majeure, lessons shall be deemed to have been held and there shall be no entitlement to reductions or refunds of school fees.

Tariffs and price list

School fees are based on the respective school grade and are calculated according to the current price list, which is published each year by 31 March at the latest for the coming school year and sent to the legal representatives. The new tariffs shall be considered accepted and become an integral part of the contract if the legal representatives do not terminate the school contract by registered letter within the regular period of notice of three months to the end of the school year (31 July). In the event of late termination, three months’ school fees shall be due according to the updated price list.

If a student joins the school during the current school year, the school fees are calculated pro rata temporis. Teaching materials are included in the school fees.

The costs of excursions, trips, school camps and certificates, as well as other additional services and activities, are not included in the school fees.

If the price list states a registration fee and a deposit, these shall be due within 5 days after the conclusion of the school contract. The deposit shall be refunded in full when the child leaves the school, provided that Academia received the notice of termination in due time and not during the probationary period. Otherwise, the deposit shall be forfeited in favour of Academia. In the event of extraordinary termination of the contract by the school, the deposit shall be forfeited in favour of Academia.

Financial provisions and terms of payment

The school fees are due as a one-off payment in advance or in the event of payment by instalments, against an administrative fee. The time allowed for payment is 30 days, unless otherwise specified in the price list or on the invoices.

If one or more instalments are not paid by the agreed payment deadline after lessons have started, Academia has the right to exclude the student from taking part in the school programme until all the instalments due have been paid. The school fees are also due for the period of exclusion.

If payment has still not been made after sending a payment reminder and granting a grace period of 10 days, Academia may withdraw from the contract. In the event of withdrawal from the contract, Academia is entitled to an administrative fee and a cancellation fee of three months’ school fees in addition to the fee for the tuition provided. Academia may charge an administrative fee for payment reminders. In the event of an enforced collection of fees, all the costs incurred shall be borne by the debtor. Academia shall charge an annual interest of 3% on the outstanding amount.

Even if a third party (e.g. the employer of the legal representatives or a foundation) is responsible for payment of the school fees, the legal representatives are the contracting party and debtor of the school fees. If invoices are to be sent to the employer, a foundation or another third party for payment, a written confirmation is required from the employer company, foundation or third party stating that they will assume the financial obligations arising under the existing contractual relationship. A change of payment address must be announced six weeks before the start of the semester.

In the event of late payment, Academia reserves the right to instruct a debt collection agency or other specialised organisation (e.g. a law firm) to collect the school fees.

Academia shall only register students for examinations if the school fees and / or examination fees due are paid in full at the time of registration.

If school fees have not yet been paid when the student leaves the school, Academia reserves the right to withhold certificates and diplomas until these have been paid in full.

Missed lessons do not release the debtor from his/her payment obligation; there is no right to reimbursement.

Any change in payment arrangements (e.g. from semester payment to monthly payment) is only possible at the beginning of a new semester. Such notification must be given at least six weeks before a new semester begins.

Term of contract and ordinary termination

The school contract shall be extended for a further school year, unless it is terminated by one of the contracting parties by registered letter observing three months’ notice to the end of the school year (31 July). The date of receipt by Academia is authoritative for compliance with the time limit.

In the event of late termination, the full amount of the school fees for three months shall be due.

In any event, the school contract ends upon completion of the last school year for which Academia offers a course of study. The courses offered by Academia International School (9th grade / senior school) follow on seamlessly from those offered by Academia Bilingual School (8th grade); Academia arranges the transfer between schools. The termination of the school contract / leaving of the student at the end of the school year must be notified by registered letter observing a notice period of three months.

Termination during the school year by the customer

The school contract may be terminated by the legal representatives by registered letter observing three months’ notice to the end of a month. In such a case, Academia shall be entitled to the full amount of the monthly school fees for the entire period of notice, even if the student is taken from the school before the end of the contract.

Extraordinary termination of contract by Academia

Academia may terminate the school contract with immediate effect and without notice if

  • the student has grossly violated the school rules or committed a serious disciplinary offence;
  • the student repeatedly fails to attend classes without excuse despite receiving a written warning;
  • other important reasons make the continuation of the school contract unreasonable for Academia.

In the event of the extraordinary termination of the contract, Academia is entitled to an administrative fee and a cancellation fee of three months’ school fees in addition to the fee for the tuition provided.

Lesson times, school holidays and public holidays

Academia’s school management shall determine lesson times and inform the student or his/her legal representatives thereof in writing in due time. The legal representatives are responsible for ensuring that the student arrives at the school on time for the start of the lesson.

Academia shall communicate school holidays and public holidays before the semester begins. These are generally based on the holiday and public holiday regulations of the canton in which the course is held.

School absences and school leave

In case of illness the student and his/her legal representatives are obliged to inform the school of the absence by phone, in writing or by e-mail. All other requests for school leave that are not due to illness or an accident must be communicated to the school management in writing.

Excursions and trips

By signing the school contract, the legal representatives of the minor student give their consent to the student taking part in excursions and trips organised by the school. Academia shall announce these events in an appropriate form and shall not obtain any further explicit permission from the legal representatives.

Transfers and entry assessments

Registration for the transfer of the child to another school or registration for an entry assessment at another school must be made by the student’s legal representatives.

Insurance

By signing the school contract, the student or his/her legal representatives confirm that the student is insured against the consequences of accidents under the statutory health insurance. Academia has not taken out any additional accident insurance. The legal representatives provide the necessary insurance protection which is effective in Switzerland, including liability insurance in particular. The legal representatives provide the necessary insurance protection which is effective in Switzerland, including liability insurance in particular.

Liability

Academia shall not accept any liability vis-à-vis the student or third parties – in particular in the event of accidents, losses, personal injury, property damage and financial losses of any kind – to the extent legally permissible.

Data protection

The personal data received on the basis of the school contracts is collected, managed and processed by Academia and the school in accordance with the applicable national and supranational legislation. For more detailed information we refer to our privacy policy, which is available on our websites. In the unlikely event that legal disputes arise in connection with school contracts, Academia reserves the right to transfer the respective personal data to third parties (such as debt collection agencies, lawyers, courts, etc.) in accordance with the law.

Information on adult students

Academia may inform the legal representatives of an adult student of important school matters even without his/her consent if they pay the school fees.

Final provisions

Should individual or several provisions of the school contract, the General Terms and Conditions of Contract or their annexes be or become ineffective or invalid, this shall not affect the validity of the remaining provisions of the contract. The ineffective or invalid provisions shall be interpreted or replaced in such a way that they most closely approximate the intended purpose of these agreements in a permissible manner. The same shall also apply to any gaps in the contract.

Agreements between Academia and the legal representatives as well as supplements and amendments thereto require the written form to become effective.

Swiss law is applicable for all legal relations with Academia. The place of jurisdiction is the registered office of Academia. Academia also has the right to take legal action against the student or his/her legal representative at their place of residence