1. Scope of validity
These General Terms & Conditions (hereinafter referred to as ‘GTCs’) apply to all enrollments made and all contracts concluded through the website klubschule.ch/ or at the counter of a Migros Club School Centre run by Miduca AG, Limmatstrasse 152, 8005 Zurich (hereinafter referred to as ‘Migros Club School’).
2. Course organisation
For organisational reasons, Migros Club School reserves the right to postpone or combine courses, change the venue or reduce the length of courses with a percentage refund of the course fees. If a course instructor drops out, Migros Club School may change the course instructor or appoint a substitute. Migros Club School reserves the right to convert classroom teaching to distance learning under the same conditions if classroom teaching cannot be maintained (e.g. due to a force majeure or other reasons).
3. Places on courses and delivery of courses
In order to deliver the courses under optimum conditions, Migros Club School defines a minimum and maximum number of participants for each course that may be adjusted as necessary. Places on courses are allocated in the order that registrations are received (subject to payment made in due time).
If the number of participants is insufficient, the course will not usually be held, and the course fees will be waived or refunded. Migros Club School further reserves the right to cancel courses announced in the programme for other reasons for which Migros Club School is not responsible. Course fees that have already been paid will be refunded. Further claims asserted by participants, particularly claims for damages in the event of changes or cancellation of a course, are expressly excluded. If the number of participants is insufficient, Migros Club School may, on a case-by-case basis, deliver the course subject to participants’ agreement, but increase the course fees accordingly or reduce the number of lessons while keeping the price the same, where doing so makes sense.
4. Exclusion from courses
Migros Club School reserves the right to exclude participants from a course. The full course fee is owed in the following cases (i.e. neither a pro rata refund nor a waiver of the course fee will be given): exclusion from the course due to failure to pay the course fee and in serious cases (defamation, harassment, wilful damage to property, etc.).
5. Enrollment and cancellation; payment of course fee
Each enrollment is binding and obliges the participant to pay the course fee. Prices are provided in Swiss francs and include any value-added tax (VAT). Failure to pay the course fee does not constitute a cancellation. Once they have enrolled for a course, participants will receive confirmation of their enrollment from Migros Club School with binding payment instructions.
The duration of the contract depends on the course booked and is limited to a fixed term. Depending on the time of cancellation, Migros Club School may waive the course fee in whole or in part subject to the following terms:
For courses costing up to CHF 1,000:
Migros Club School will waive or refund the course fee, with a processing fee of CHF 30, if a participant cancels at least seven calendar days before the course starts. Participants may cancel by email or by phone. If cancellation is made less than seven calendar days before the course starts, the entire course fee is owed.
For courses costing over CHF 1,000:
In this case, Migros Club School requires participants to cancel their place on the course by post (the date of receipt is deemed to be the postmark) or by email. The course fees will be waived or refunded as follows:
|Up to 45 calendar days before the course starts:
||CHF 100 processing fee
|From 44 to 22 calendar days before the course starts:
||10% of the course fee, but no more than CHF 500
|From 21 to 15 calendar days before the course starts:
||30 % of the course fee
|From 14 to 8 calendar days before the course starts:
||50 % of the course fee
|From seven calendar days before the course starts:
||Course fees are not waived or refunded
Migros Club School reserves the right to charge third-party claims for accommodation, meals, travel etc. in addition to the cancellation fee.
Licences for e-books will not be refunded after the access code has been delivered.
6. Partial payments
Participants can make partial payments on request, on payment of a CHF 50 processing fee and at Migros Club School’s discretion.
Flat-rate subscriptions are valid for a specific period of time (e.g. for one month, six months, etc.).
Value-specific subscriptions are valid for a certain amount of money or number of lessons and for a certain period of time.
Scope and duration of validity
Subscriptions are personal and cannot be transferred to third parties.
Subscriptions are valid for the period defined by Migros Club School. The subscription fee is due regardless of actual use of the subscription. Once the validity expires, any remaining credit expires without replacement.
a) Purchasing and paying for subscriptions
A subscription contract is concluded with any form of registration and obliges the course participant to pay the subscription price. The payment date stated on the invoice is binding. Failure to pay the subscription does not constitute withdrawal from the contract.
b) Registration and cancellation for lessons/appointments
Participants may register via the customer portal no earlier than two weeks and no later than 30 minutes before the start of the lesson/appointment for the lessons/appointments at the Club School Centres defined by Migros Club School.
Cancellations for booked lessons/appointments must be made via the customer portal up to 120 minutes before the start of the lesson/appointment.
If an attendee does not attend a lesson/appointment without cancelling beforehand, or cancels a lesson/appointment too late, the lesson/appointment costs for the value-specific subscription will be charged in full or will not be refunded. In the case of a flat-rate subscription, Migros Club School reserves the right to impose sanctions (e.g. block a participant) if a participant fails to attend repeatedly.
c) Non-use (rest period, contract interruption, time stop)
Non-use of the subscription does not entitle course participants to a reduction or a refund of the subscription fee.
If the subscription cannot be used for at least 28 calendar days due to illness, accident or pregnancy with a doctor’s certificate and start and end dates, a time stop of a maximum of nine months will be granted on written request, whereby there is no entitlement to this. A CHF 30 processing fee will be charged. The subscription period will be extended by the duration of the interruption.
A retroactive time stop is only possible in the event of illness/accident or pregnancy. This must be applied for in the first month after the medically certified inability to attend the course no longer applies. Applications submitted at a later date will not be taken into consideration.
If a fraudulent interruption to the contract is discovered or suspected, Migros Club School reserves the right to terminate the subscription without notice and without the subscription fee being refunded and/or to take further legal steps.
The time stop is fully offset against the existing subscription period. Cash refunds are not possible.
8. Unattended lessons/appointments
Unattended lessons/appointments cannot be made up for and no refunds will be issued.
9. Course confirmation
At a participant’s request and following successful completion of at least 80% of the course lessons, Migros Club School will be happy to issue a course confirmation within one year of the course completion. Deviating regulations are expressly reserved.
10. Disclaimer and insurance
Migros Club School excludes all liability for any damage incurred for all courses and events organised by Migros Club School. Participants are responsible for adequate insurance cover. Participants use Migros Club School’s facilities at their own risk. Migros Club School cannot be held liable for theft or loss of items. Participants are obliged to comply with the current official directives (e.g. hygiene rules) and instructions issued by Migros Club School on its premises. Participants with symptoms of illness, suspected infection with transmissible pathogens and/or who are required to quarantine (officially or self-prescribed) are not allowed to visit Migros Club School premises (including that of partners, external workshops and premises hired to other companies). The risk of infection cannot be completely ruled out, even if hygiene rules are observed. Migros Club School excludes any liability in this regard.
Participants cannot derive any rights from their failure to achieve learning objectives/success, and in particular no reimbursement of course fees.
11. Data protection
Personal data processing in connection with courses held by Migros Club School is subject to the Migros Group’s data protection policy. The data protection policy explains how Migros handles personal data in connection with courses held at Migros Club School, and in particular contains information on the processing of personal data, how it is disclosed within the Migros Group and the rights of data subjects in respect of their personal data. The data protection policy is available online, currently at migros.ch/de/datenschutz.html. By registering for a course, participants accept that their personal data will be processed in accordance with the data protection policy.
Migros Club School and its affiliated companies within the Migros Group provide participants with information and offers from themselves and other Migros Group companies and partner companies, e.g. in the form of emails and advertising brochures. By registering for a course, participants agree that corresponding messages can also be sent electronically.
These messages and their dispatch may be personalised in each case so that participants can be sent information that is likely to be of interest to them. This applies in particular to courses at Migros Club School included in the courses offered by Migros Club School as personalised services in the context of these GTCs. Migros Club School may evaluate behavioural and transactional data together with existing personal data in order to offer participants as personal a user experience as possible. Further information about this profiling and the rights of participants can be found in the Migros data protection policy.
12. Video and audio recordings
Video or audio recordings may be made on Migros Club School premises and during online lessons only with the express consent of Migros Club School and participants.
13. Modifications to the programme, prices and GTCs
Migros Club School reserves the right to modify the programme, the prices and the GTCs at any time. The version in force at the time of registration will apply in each case and may not be unilaterally amended for the purpose of concluding this contract.
14. Severability clause
Should any provision set out in these GTCs be invalid or incomplete or should performance become impossible, this will not affect the validity of the remaining parts. In such a situation, the invalid provision will be replaced by a permissibly valid provision by which the intended purpose of the contract can be achieved in a legally permissible manner and which, according to its content, reflects the original intention as closely as possible. The same applies if the contract contains a loophole.
15. Applicable law and place of jurisdiction
All legal relationships with Migros Club School are governed by Swiss substantive law, to the full exclusion of any conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods dated 11 April 1980.
The exclusive place of jurisdiction for all disputes arising from or in connection with these GTCs and the courses is Zurich, Switzerland.