GENERAL TERMS AND CONDITIONS
ARTICLE 1 – OBJECT
1.1 The present general terms and conditions shall apply to language courses offered by “Institut français du Luxembourg”, Cooperation and Cultural Department, 47, avenue Monterey BP 236 L-2012 Luxembourg, public entity having financial autonomy (hereinafter” IFL”), and are intended to define the obligations of each Party and the conditions under which IFL provides the services subscribed by the student or his (her) legal representatives (hereinafter the “Client”).
1.2 By signing IFL’s contracts “Placement Test”, “Collective Courses”, “One to one classes” and/or “In-Company Courses” (hereinafter the “Contract“), the Client accepts the present general terms and conditions and expresses his/her consent to receive the language services offered by IFL.
1.3 By ticking the box “I have read and accept IFL general terms and conditions”, the Client declares that he/she has read these general terms and conditions and accepts them without reserve.
ARTICLE 2 – REGISTRATION CONDITIONS
2.1 The placement test and/or the courses offered by IFL are intended for all persons residing in Luxembourg from the age of 6. Parents or legal representatives must register minors under their authority. They undertake to inform minors of the general terms and conditions applicable under their own responsibility.
2.2 All registrations are nominative and non-transferable. The registration is valid for the duration mentioned in the Contract.
2.3 Registration for a course is validated once the Contract signed by the Client is returned to IFL and the payment has been received by the same organisation. By validating his/her registration, the Client confirms his/her firm commitment to attend or cause the student to attend the course mentioned. The renewal of a registration requires the payment and the signature of a new Contract.
2.4 IFL reserves the right to refuse registration for a training course as well as its renewal, in particular if the Client’s behaviour or the student’s behaviour is considered as inappropriate by the teacher, IFL employees or its partners.
2.5 The level required to access the various courses is established according to IFL’s reference framework by means of a placement test according to the Common European Framework of Reference freely accessible on the site: http://www.coe.int/t/dg4/linguistic/Source/Framework_fr.pdf, which is by reference an integral part of the present document.
2.6 The placement test consists of two parts:
(i) the first part consists of an online assessment to evaluate the student’s skills: listening comprehension, vocabulary, grammar, written production. IFL will send the link of the online test to the Client by email after receipt of the payment. The Client or the student will have a maximum of 7 calendar days to complete the test from the date of registration, under penalty of forfeiture;
(ii) the second part consists of an oral interview with an IFL teacher to be conducted remotely via zoom for a duration of 10 minutes. For this purpose, the date of the interview is fixed by IFL and communicated to the Client 5 calendar days in advance. The Client may request IFL to change this date once only. If the student does not attend the interview set by IFL on this second date, IFL is released from any obligation and responsibility towards the Client and the latter may not demand any reimbursement.
IFL communicates the test results to the Client by email.
2.7 In order for the student to attend a collective course offered by IFL, one or other of the following conditions must be met:
(i) the completion of the placement test proposed by IFL and invoiced at a cost of 20€, excluding VAT and without any other additional costs; in this case, the Client undertakes to attend or cause the student to attend the course corresponding to the achieved level subject to the possibility that a group of this level is opened (for collective courses, a minimum of 3 registrations is required).
The Client is not obliged to register himself/herself or the student in a course following the placement test, without incurring any additional costs or penalties.
IFL reserves the right to cancel a collective course for which the number of registrations is insufficient.
In the event that the Client renounces to register for a course or that IFL does not activate a collective course, the costs related to the placement test will remain definitively acquired by IFL without any possibility of reimbursement;
(ii) the Client’s certificate of the level of French language learning delivered to the student by other language training organisations for less than 12 months.
ARTICLE 3 – REGISTRATION PROCEDURES
3.1 Registration applications are submitted via the course software set up by IFL by filling in GOOGLE registration forms, accepting these general terms and conditions and returning it by email to the following address: email@example.com the Contract – sent to the Client at the email address provided by the latter upon registration – signed and accompanied by a copy of the identity card. IFL will then confirm the registration by email by returning the definitively signed version of the Contract. The Client has to send the registration request, the payment and the signed Contract, together with the identity card, fifteen (15) working days before the course starting date. IFL reserves the right to accept or refuse any application for registration after the deadline.
ARTICLE 4 – PAYMENT TERMS
4.1 Training costs are listed in a price list that is included in all IFL communication media (website, brochures, billboards, etc.). The amounts indicated are flat-rate and do not include the cost of teaching materials. A price increase may be applied at the beginning of each academic and/or calendar year. The total amount due for the Contract must be paid in advance. Transfer fees are at the Client’s charge.
4.2 Payment must be made in full and at the latest within 3 calendar days of registration and by bank transfer only on the basis of an invoice immediately sent by email. The Client undertakes to pay the full amount due within the aforementioned period. No pro rata or reduction of the registration costs will be granted in the event of late registration, absence or abandonment of the Client or the student in the course.
4.3 The costs of the purchase of teaching materials are not included in the price of the course. The teacher may ask the Client to purchase the teaching material necessary for the smooth running of the course.
4.4 IFL reserves the right to refuse access to any person who has not completed all the registration formalities listed above.
ARTICLE 5 – CONDITIONS FOR THE RUNNING OF THE COURSE
5.1 The opening of group courses (extensive and intensive) is subject to a minimum number of 3 participants.
5.2 Collective courses are suspended during the school holidays as provided for in the Grand-Ducal Regulation of 2 September 2020 fixing the calendar of school holidays and breaks for the school years 2020/2021, 2021/2022 and 2022/2023.
5.3 One to one classes and in-company courses may take place during the school holidays according to the availability of the teachers and students, by mutual agreement.
5.4 The time frame within which in-company courses can take place is a maximum of 2 months for a 10-hour contract, 4 months for a 20-hour contract, 6 months for a 30-hour contract.
5.5 For any request for renewal of the courses, the Client must contact the course office by formulating his request in writing, specifying the desired number of hours and the date on which the courses are to be resumed.
ARTICLE 6 – FORCE MAJEURE, CONDITIONS FOR TERMINATING, CANCELLING THE CONTRACT, POSTPONING COURSES AND RIGHT OF WITHDRAWAL
6.1 IFL cannot be held liable for contractual breaches resulting from an event constituting force majeure, as this concept is commonly accepted by the Luxembourg courts.
6.2 IFL shall notify the other party of its inability to fulfil its contractual obligations due to the event of force majeure by sms and email.
6.3 The delay due to the event of force majeure will extend the period of performance of IFL’s obligations and will determine the postponement of the courses to the new dates set by IFL or the possibility for the student to participate in a similar course for a later training course, if this option is offered by IFL to the Client, or the activation of an online course, if the event constituting force majeure concerns the on-site modality and with the express agreement of the Client. In these cases, the Client is not entitled to any reimbursement.
6.4 If the event of force majeure should continue beyond a period of 30 calendar days, the Contract may be terminated by IFL by email at its own initiative. In such cases, the Client shall be entitled to a full refund of the registration costs or, if the course has been partially performed, to a partial refund in proportion to the registration costs.
6.5 IFL reserves the right to cancel one or more lessons or courses, if it considers that the training cannot be carried out under optimal conditions of safety, comfort, supervision and/or learning, or in other exceptional circumstances. In such cases, IFL is obliged to inform the Client by email. IFL undertakes to postpone the cancelled lessons or courses to the new dates set by IFL or to authorize the student’s participation in a similar course for a later training course or to participate in an online course, if the above-mentioned condition concerns the on-site modality and with the express agreement of the Client. If these solutions cannot be put in place for organisational reasons of IFL, the contract may be terminated by right, at the initiative of IFL, by email and the Client is entitled to a full refund of the registration costs or, if the course has been partially performed, to a partial refund in proportion to the registration costs.
6.6 If the Client is a consumer under the Contract, he/she shall be entitled to a right of withdrawal described in Appendix 1, which may be exercised by means of a dedicated form available in Appendix 2.
Without prejudice to the right of withdrawal mentioned in the preceding paragraph, the Client acknowledges and accepts that a termination at the initiative of the Client is not possible after receipt of the payment and/or receipt of the Contract signed by IFL.
Without prejudice to the right of withdrawal mentioned above, upon concluding a “Collective Course” and/or a “Placement Test” contract, the Client acknowledges and accepts that he/she may not claim a postponement of training or any reimbursement or compensation as result of a cancellation of the contract at his/her initiative.
6.7 Upon concluding a “One to one classes” or “One to one classes In-Company “, the Client may request the postponement of the training with 48 hours notice before the date of the course concerned. However, the Client may not claim any reimbursement or compensation as result of a cancellation of the contract at his/her initiative.
6.8 In the case of reimbursement of the amounts paid, the Client must submit his/her request by email to firstname.lastname@example.org with his/her bank account details to which the refund shall be paid. The repayment term guaranteed by IFL is 30 working days from the date of receipt by the Client of IFL’s email for the termination of the contract.
ARTICLE 7 – DELIVERY OF CERTICATES
7.1 The Client undertakes to follow or cause the student to follow the courses diligently and assiduously.
7.2 L’IFL issues, at the express request of the Client, a certificate of participation/attendance at the end of the training. This certificate may be issued if the student has been present at least 70% of the lessons of the course concerned. Attendance certificates are not delivered after expiry of a 4-months period following the end of the training concerned.
7.3 The certificate issued by IFL has no legal value equivalent to that of the official language diplomas issued by the Luxembourg Ministry of National Education certifying a level of language or that of diplomas (DELF DALF TCF, diploma awarded by the French Ministry of National Education, Higher Education and Research) and Inlingua (DFP).
ARTICLE 8 – APPOINTMENT OF THE TRAINERS AND PREMISES
8.1 IFL appoints for each course a trainer who will provide language courses and define the premises where the courses will take place.
8.2 Regarding « In-Company courses », the Client undertakes to make a parking space available for the teacher or, alternatively, to pay a flat rate of €3 per hour for the teacher’s vehicle parking.
8.3 IFL cannot guarantee the same teacher throughout the duration of each course. To the extent possible, if a teacher is absent, IFL undertakes to ensure the continuity of the service. If circumstances do not allow the replacement of the teacher, the course will be postponed to a later date within 3 months.
ARTICLE 9 – ACCESS TO PERSONAL DATA
9.1 Personal data (hereinafter “Personal Data”) concerning the Client and collected by IFL are processed in accordance with the rules established by the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of Personal Data (hereinafter “GDPR“).
9.2 The processing of Personal Data is intended for the organization, management and execution of the training provided by IFL in the context of the public interest mission of IFL. In accordance with regulations in force, the collected information is intended to be used exclusively by IFL and shall not be sold or assigned to third parties.
ARTICLE 10 – IMAGE RIGHTS
10.1 By accepting these Terms and Conditions, the Client gives his/her permission for photos and videos identifying he/she personally or identifying the underage students under their authority to be published on IFL’s websites, on social networks used by IFL and in several publications of IFL.
ARTICLE 11 – IFL DISCLAIMER
11.1 The Client discharges IFL of any general liability and, in particular, for malware intrusion, hacking, phishing, data theft, either physical or electronic, resulting from events beyond IFL’s control.
ARTICLE 12 – AMENDMENTS TO THESE GENERAL TERMS AND CONDITIONS
12.1 IFL reserves the right to modify unilaterally the general terms and conditions. Any modification of the present terms and conditions shall be notified by IFL to the Client by letter or by email.
12.2 The Client is entitled to object to IFL’s amendments within 40 calendar days from the date of sending of the letter or email by IFL. In these cases, the modifications will remain without effect and the previous general conditions, accepted and approved by the Client, will remain in force. In the absence of opposition, the modifications are considered to have been accepted by the Client.
ARTICLE 13– GOVERNING LAW, RELEVANT JURISDICTIONS AND LANGUAGE OF PROCEEDINGS IN CASE OF DISPUTE
13.1 Relations between the parties shall be governed by Luxembourg law.
13.2 Any dispute that may arise between the parties concerning the formation and/or the performance and/or interpretation of these general terms and conditions and/or the contracts “Placement Test”, “Collective Courses”, “One to one classes” and/or “In-Company Courses” or which may arise in the context of the contractual relationship between the parties, will be subject to the exclusive jurisdiction of the Luxembourg courts.
13.3 In the event of a dispute, the pre-litigation and litigation proceedings shall be conducted in French.
13.4 The present terms and conditions are drawn up in French and English. In the case of any ambiguity or contradiction between the English translation and the French version of these general terms and conditions, the French version shall prevail.