General Terms and Conditions for the Sale of Language Courses, including via the Online E-Shop

Supplier:

SPĚVÁČEK Language School s. r. o.

Nám. Na Santince 2, 160 00 Prague 6

Company ID: 27373533

Registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File No. 109219

For the purposes of these Terms and Conditions, the customer shall be understood as a person who has ordered language instruction from the supplier in a group public language course specified in the relevant order.

The supplier and the customer are hereinafter referred to as the contracting parties.

Introductory Provisions

1. The General Terms and Conditions (hereinafter also referred to as GTC) form an integral part of the contract concluded between the customer and the supplier.
2. The contract between the customer and the supplier is created on the basis of a written order. For the purposes of these Terms, written form shall also include e-mail and the supplier’s electronic order form (hereinafter referred to as the order) available via the website eshop.spevacek.info.
3. The supplier is obliged to confirm receipt of the order in writing within one business day from the date of receiving the order. If the supplier fails to do so, the order shall not be considered accepted. Sending a confirmation email to the customer’s specified address is also considered confirmation of the order.
4. The agreed terms of the contractual relationship may be amended or cancelled only by explicit agreement of both contracting parties and in accordance with the conditions stated in these General Terms and Conditions.

Subject of Performance

1. The subject of performance is language instruction in a public course offered by the supplier for the relevant period based on the order (hereinafter referred to as instruction).
2. Language courses are divided into several types. The description of each course is provided and publicly accessible on the supplier’s website eshop.spevacek.info.

General Provisions

1. The supplier commits to fulfilling the published conditions of instruction, primarily regarding the schedule, scope of teaching, price, quality of performance, and provision of instructors. The conditions of instruction are published at the website eshop.spevacek.info. Additional obligations of the supplier are specified in other sections of these terms.
2. The customer is obliged to attend the ordered instruction and to pay for it properly and on time.

Date of Instruction Delivery

1. In the case of semester courses, instruction takes place once or twice a week, with a total of 16 or 32 teaching units per semester. The length of a teaching unit is 90 minutes, unless otherwise specified in the course description.
2. No instruction takes place during public holidays; this period is not included in the course price.
3. Holidays at SPĚVÁČEK language school may not coincide with holidays at public schools. Participants will be informed in a timely manner about the exact dates of holidays, public holidays, and make-up lessons, but no later than 3 business days in advance.
4. The start of instruction is specified in the current language course offer on the supplier’s website eshop.spevacek.info. The supplier reserves the right to postpone the start and end of the course by one week if technically unavoidable.
5. In the case of summer language courses held during the summer holidays, the schedule differs from semester courses and is always specified in the course description.
6. In the event that instruction cannot be provided for serious reasons, the supplier is entitled to choose an alternative method of delivering the instruction. The customer will be informed of this in advance.
7. The supplier reserves the right to cancel a course due to not meeting the minimum course capacity (minimum of 4 students). The supplier is obliged to inform the customer of this fact no later than 3 business days before the course starts. The supplier must offer the customer an alternative solution (the option to attend another course, transfer the course fee to individual lessons, or a refund of the course fee). In this case, the course fee is fully refundable.

Course Fee

1. The price for the respective language course (hereinafter referred to as the course fee) is determined based on the customer's specific order (according to the particular course specification) according to the supplier’s language course price list published on the website eshop.spevacek.info.
2. The course fee includes the respective number of teaching units (as specified in the course description). Teaching materials (textbooks) are not included in the course fee.
3. The course fee is exempt from VAT. The supplier is not a VAT payer.

Payment Terms

1. The customer is obliged to pay the full course fee to the supplier before the start of the language course. If the customer orders the course after the course has started, they must pay the full course fee no later than 3 business days from the date of the order.
2. If the customer wishes to apply any of the offered discounts, they must notify this in advance and provide relevant documentation. Discounts cannot be applied retroactively. Individual discounts cannot be combined.
3. The course fee can be paid by the following methods: cash at the supplier’s office, payment by card when ordering in the online e-shop, bank transfer, gift voucher, benefit vouchers, or through benefit systems.
4. The customer can make a cash payment at any of the supplier’s offices (Náměstí Míru 15, Prague 2, or Náměstí Na Santince 2, Prague 6).
5. The customer can pay by card only online through the e-shop at eshop.spevacek.info. When paying by card online, the supplier has no access to the customer's bank details and therefore cannot misuse them in any way.
6. Payment by bank transfer – The customer will receive payment information by email, and once the payment is received in the supplier’s account, a payment confirmation will be sent by email.
7. Payment by gift voucher – When paying with a gift voucher, the customer is required to visit the supplier’s premises in person and present the voucher to the responsible staff member. The staff member will keep the voucher, which serves as payment.
8. Payment with benefit vouchers – The current list of accepted vouchers is published at www.jazykovka.info/zajima-vas/benefity/ and is also available upon request at all supplier’s premises.
9. Payment through benefit systems – The current list of accepted vouchers is published at www.jazykovka.info/zajima-vas/benefity/ and is also available upon request at all supplier’s premises. The payment method through these systems is governed by the conditions of the respective intermediaries.
10. For course fees paid in cash in the applicable amount (depending on the type of course), the supplier will issue a tax receipt at the time of payment.
11. A tax document for other types of payments (bank transfer, invoice) will be issued upon the student’s request.

Discounts on the Course Fee

1. The supplier offers the following types of discounts: based on customer cards, student discounts, loyalty discounts, and one-time special discounts.
2. A discount based on a customer card amounts to 15% off the original course price and can be requested by the cardholder upon presenting one of the following customer cards: ISIC, Pražská Plynárenská, ITIC, Alive.
3. The student discount is 10% off the original course price and can be requested by any high school or university student upon presenting any valid proof of study. The student discount does not apply to post-secondary courses or courses exclusively intended for students by their nature (e.g., exam preparation courses, children’s courses, etc.).
4. Loyalty discounts amount to 15% off the original course price and are offered to customers (students) who are attending a language course with the supplier during the given period. This discount does not apply to specialized exam preparation courses, exotic language courses, or professional seminars. The supplier reserves the right to inform customers about the conditions of this discount electronically (by email). Customers can also inquire about these discounts at any of the supplier’s premises.
5. One-time special discounts – these discounts are governed by the supplier’s current offer and stated conditions.
6. None of the discounts offered by the supplier can be applied retroactively, and discounts cannot be combined.
7. The supplier is not obliged to inform the customer about the possibility of using a discount.

Quality of Instruction and Teaching Staff Provision

1. The supplier commits to providing a Czech instructor or a native speaker for the course instruction according to the specific course description.
2. The supplier commits that instruction will take place on the specified days and times.
3. The supplier commits that instruction will be conducted at the level specified in the course description, taking into account the language proficiency of the group as assessed by the instructor.
4. The supplier commits to providing instructors for the course whom they consider qualified and capable of delivering high-quality instruction.
5. The supplier commits to adhering to the maximum set limit for the number of participants in the course as follows:
   
   1. General language courses and business language courses – maximum capacity of 12 participants per course.
   2. Preparation courses for international exams, conversation courses, and other specialized courses – maximum capacity of 9 participants per course.
6. The minimum number of participants in a course is 4, unless otherwise specified by the supplier.

Complaints

1. If the customer is dissatisfied with the quality of instruction, they are obliged to inform the supplier in writing using a complaint form, which is available upon request at the supplier’s premises (it can be sent by email or submitted in person at the office). The supplier commits to reviewing the reasons for the complaint only if the complaint request has been submitted in writing either in person at the premises or by email. The supplier will confirm receipt of the complaint form in electronic form no later than 24 hours after receiving it.
2. The supplier reserves the right to review the reasons for the complaint and propose an alternative solution to the customer, such as allowing a transfer to another course, converting to individual lessons, applying the course fee to the next semester, or refunding the course fee to the customer (in all cases, this involves refunding the appropriate portion of the fee, i.e., after deducting the amount for lessons or blocks already completed).
3. The supplier, or an authorized representative, commits to deciding on the complaint immediately, or in complex cases, no later than three business days. This period does not include the reasonable time necessary for a professional assessment of the defect (such as distributing satisfaction surveys to other course participants, conducting observations in the course, consulting with the instructor, etc.). The complaint, including defect resolution, must be handled without undue delay, i.e., no later than two weeks from the date the complaint is submitted, unless a longer period is agreed upon between the supplier and the customer.
4. Obstacles arising on the part of the customer will not be recognized as valid reasons for a complaint. This primarily includes changes in availability, loss of reason to attend the course due to changed circumstances under which the customer initially enrolled.
5. The supplier is not responsible for failure to fulfill obligations arising from the order caused by force majeure.
6. Cancellation of a lesson by the supplier will also not be recognized as a valid reason for a complaint. However, the supplier commits to providing a substitute lesson or appropriately extending the duration of the course.
7. A complaint must be submitted within the time period (no later than 2 days) from when the issue occurred. Late complaints will not be considered, which the customer acknowledges and agrees to.
8. Claims arising from liability for defects expire if they are made late.

Breach of contract, withdrawal from the contract

1. In the event that the customer withdraws from the contract before the start of the course, i.e., after signing the binding registration but before the actual start of the course (instruction), the customer agrees to pay the supplier 50% of the course fee. If the customer withdraws from the course after it has started, i.e., after the first teaching block (lesson) has taken place, the supplier is entitled to the payment of the remaining balance of the course fee, i.e., the remaining 50%, and the customer thereby agrees to pay the full course fee to the supplier.
2. The customer loses the right to a refund of the course fee if obstacles arise on their part that prevent regular attendance (such as changes in the customer’s availability or other circumstances under which they enrolled in the course). In this case, the supplier’s claim for the full outstanding course fee remains valid.
3. In the case of electronic enrollment in the course (i.e., by completing the course order through the e-shop available at the website eshop.spevacek.info), the customer, if acting as a consumer, has the right to withdraw from this contract without giving any reason within 14 days. This period begins on the day following the day on which the contract was concluded (i.e., the day following the day when the customer sent their order to the supplier and the supplier confirmed receipt of this order), and to meet this deadline it is sufficient that the withdrawal from the contract was sent to the supplier before the expiry of this period. A model withdrawal form, which is attached to these terms and conditions, may be used for withdrawal but it is not mandatory. If the customer withdraws from the contract in accordance with the above conditions, the supplier shall refund all payments received from the customer in connection with this contract without undue delay, no later than within 14 days from the day the supplier received the withdrawal notice, using the same payment method as was used for the original transaction, unless the contracting parties agree otherwise.
4. In the event that the provision of services has already commenced before the expiry of the 14-day withdrawal period pursuant to paragraph 3 of this provision, this shall have occurred based on the explicit request (i.e., the relevant order) of the customer, and in such a case, the customer is obliged to pay the supplier a proportional part of the course fee corresponding to the value of the services already provided to the customer.
5. In the event that the services ordered by the customer have already been provided in full before the expiry of the 14-day withdrawal period pursuant to paragraph 3 of this provision, this shall have occurred based on the explicit request (i.e., the relevant order) of the customer, and in such a case the customer does not have the right to withdraw from the contract under paragraph 3 of this provision.
6. After the expiration of the above-mentioned 14-day period, the order is considered binding and is subject to the same conditions as if a binding registration had been concluded at any of the supplier’s premises.
7. A request to change the order as well as a withdrawal from the contract must always be sent by the client to the supplier in writing, i.e., by email or by submitting the request at the registration office of the branch where the course takes place. A request to change the order is considered accepted if the supplier confirms its receipt in writing. The supplier undertakes to confirm receipt no later than 24 hours after receiving the request.
8. The supplier reserves the right to refuse admission or to subsequently exclude a student from the course who violates basic principles of civil coexistence or a student who is objectively unable to manage the course. In the case of subsequent exclusion, the student is entitled to a full refund of the course fee for the unattended lessons.

Personal data of the customer

1. By submitting or signing the order, the customer provides the supplier with their personal data: first name, last name, email address, and phone number. If any of the customer’s contact details change subsequently, the customer is obliged to notify the supplier of this change no later than within 7 days.
2. The supplier undertakes to handle personal data in accordance with Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
3. By signing or submitting the order, the client confirms that the personal data provided are accurate and truthful and agrees to their processing and use for the purpose of contacting the supplier’s students for an indefinite period.
4. Providing personal data is voluntary, and the client has the right to access them, the right to withdraw consent for their use at any time, and in case of violation of their rights, the client has the right to contact the Office for Personal Data Protection.

Final Provisions

1. Unless these terms and conditions or agreements between the contracting parties stipulate otherwise, the legal relations arising between the contracting parties shall be governed by the relevant provisions of Act No. 89/2012, the Civil Code, as amended (hereinafter referred to as the Civil Code).
2. The wording of these terms and conditions is binding for the contracting parties.
3. The contracting parties shall make every effort to resolve any disputes arising from this contract by mutual agreement.
4. The client has the right, within the framework of out-of-court dispute resolution pursuant to Act No. 378/2015 Coll. (§14), to contact the Czech Trade Inspection Authority. Detailed procedures can be found on the Czech Trade Inspection Authority’s website at coi.cz.

These Terms and Conditions are issued pursuant to the Civil Code and are valid and effective as of December 1, 2016.

In Prague on December 15, 2016.