General Terms and Conditions of Contract for Academia Matura and private school programmes
These General Terms and Conditions of Contract are an integral part of the school contracts that the students or their legal representatives (parents, guardians etc., hereinafter: “legal representatives”) have concluded with Academia Schools GmbH, Lagerstasse 1, 8004 Zurich, Switzerland (hereinafter: “Academia”). They apply to all private school programmes concluded with Academia. By registering for a private school programme, 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 once the school contract is signed by both the student or the legal representatives and the representative of Academia.
The student or his/her 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 student or his/her legal representatives are liable for the obligations they enter into through this school contract, even if the student comes of age.
The student or his/her 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 of 15 % of the total of the agreed school programme.
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 definitively cancelled, the fees already paid shall be refunded. Any reimbursement of further costs is excluded.
The conclusion of the school contract does not guarantee the attainment of the aspired educational goal.
Teaching materials are not included in the school fees.
The costs of excursions, trips, school camps, exams and certificates, as well as other additional services and activities, are not included in the school fees.
Financial provisions / 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 due dates for the fee is stipulated in the school contract.
Should the school fee or agreed upon first installment not yet be paid, the course shall not begin.
Should one or more instalments not be paid by the agreed upon payment deadline after lessons have begun, 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.
Should payment still not have been made after sending a payment reminder and granting a period of 10 days grace, 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 15 % of the total amount of the agreed upon school programme. 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 employing 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 by the time 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.
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 and a handling fee and cancellation fee of 15% of the remaining annual school fees, even if the student is withdrawn 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 repeatedly fails to attend classes without excuse despite receiving a written warning;
- other important reasons making the continuation of the school contract unreasonable for Academia.
- In serious cases such as willful damage to property, defamation, etc.
In the event of the extraordinary termination of the contract, Academia is entitled to an administrative fee and a cancellation fee of 15% of the remaining annual school fees.
School holidays and public holidays
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.
Organisation private lessons
“Private lessons” are one-to-one lessons provided by Academia in a traditional classroom or virtual setting. Individual course schedules are agreed by the participants and Academia.
Private lessons can be cancelled or postponed until 16:00 on the workday before the lesson (Monday – Friday) by e-mail or telephone during the opening hours of the relevant reception. If lessons are cancelled or postponed after this point in time, Academia is entitled to charge for the service.
Private lessons are forfeited one year after the last lesson was visited.
Should a teacher not be available at short notice, Academia will provide a substitute on request and if possible. If a substitute cannot be found in time, Academia reserves the right to cancel the lesson and offer an alternative date.
Organisation of private groups
For private group bookings, the same terms and conditons apply as for individual lessons. In the event that a member of the private group leaves or cancels, the entire course fee is still due so that the group can continue. A single cancellation of an existing private group credit is therefore excluded.
For organisational reasons, Academia reserves the right to postpone, merge, cancel courses, change the location or shorten the duration of courses if the number of participants is insufficient, and can also replace the appointed teacher temporarily or permantely with another teacher.
Transfers / entry assessments
Registration for the transfer of the student to another school or registration for an entry assessment at another school must be made by the student’s legal representatives.
Fulfilment of technical requirements
Academia provides information about the technical requirements necessary for participation in virtual lessons in a timely fashion. Course participants shall be responsible for ensuring that these are met by the device intended for participation in lessons, including availability of the required internet connection. If lessons cannot be conducted for reasons of non-fulfilment of technical requirements by the course participant, then these must nevertheless be paid.
Login data and passwords
Course participants are obliged to use the assigned personal login data and passwords for accessing the booked virtual services solely for their own purposes and must make sure that third parties have no access to these personal data.
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.
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.
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. 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.
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 student or his/her 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.