GTC

Migros Club School’s General Terms & Conditions

(last updated: January 2023)

1. Scope

These General Terms and Conditions (hereinafter “GTCs”) apply to all registrations made and contracts concluded via the website www.klubschule.ch, by telephone, by email or at the counter of a Club School Centre of Miduca AG, Limmatstrasse 152, 8005 Zurich, (hereinafter “Club School Migros”).

2. Organising the course

For organizational reasons, Migros Club School reserves the right to reschedule or combine courses, to change venues or to shorten courses with a partial refund of the course fee. If a course instructor becomes unavailable, Migros Club School can change the course instructor or appoint a substitute. Migros Club School reserves the right to change classroom teaching to remote teaching on the same conditions if classroom-based instruction cannot be maintained, such as due to force majeure or other reasons.

3. Course places and implementation

In order to run the courses under optimal conditions, Migros Club School sets a minimum and maximum number of participants for each course, which can be adjusted if necessary. Course places are allocated in the order in which registrations are received (subject to timely payment).

If there are not enough participants, the course will usually be cancelled, and the course fee will be waived or refunded. Migros Club School further reserves the right to cancel courses announced in the program for other reasons beyond the control of Migros Club School. Course fees already paid will be refunded. Further claims by participants, in particular claims for damages in the event of changes or cancellation of a course, are expressly excluded. If there are not enough participants in a course, Migros Club School may in individual cases conduct the course subject to the agreement of the participants with an appropriate increase in the course fee or, where it makes sense, reduce the number of lessons while keeping the price the same.

4. Exclusion from the course

Migros Club School reserves the right to exclude participants from a course. In the following cases, the full course fee is owed, that is, there will be neither a proportional refund nor a waiver of the course fee: course exclusion due to non-payment of the course fee as well as in serious cases of inappropriate conduct (defamation, harassment, deliberate damage to property, etc.).

5. Reistration and cancellation, rebooking, payment of course fees

Each registration is binding and obligates the participant to pay the course fee. Prices are in Swiss francs, including value-added tax (VAT). Non-payment of the course fee does not constitute cancellation. After registering for a course, the participant will receive a registration confirmation from Migros Club School with binding payment instructions.

The participant must check the registration confirmation immediately and report any errors without delay.:

Migros Club School uses the correspondence channel requested by the participant for sending invoices and documents. It is within the participant’s duty of due care to check this regularly and to inform Migros Club School of any changes. The term of the contract depends on the course booked and is limited in time. Depending on the time of cancellation, Migros Club School may waive the course fee in whole or in part according to the arrangements described below.

Courses up to CHF 1,100:
Migros Club School will waive or refund the course fee for cancellations up to at least seven calendar days before the start of the course, subject to a processing fee of CHF 30. Cancellation can be made by email or by telephone. If the cancellation is made less than seven calendar days before the start of the course, the full course fee will be owed.

Courses over CHF 1,100:
In this case, Migros Club School requires a course cancellation by postal mail (the date of receipt is deemed to be the postmark) or by email. The course fee will be waived or refunded as follows:

Cancellation date: Cancellation fee: 
Up to 45 calendar days before the start of the course: CHF 100 processing fee
From 44 to 22 calendar days before the start of the course: 10% of the course fee, but no more than CHF 500
From 21 to 15 calendar days before the start of the course: 30 % of the course fee
From 14 to 8 calendar days before the start of the course: 50 % of the course fee
From seven calendar days before the start of the course: No waiver or refundof the course fee

A change of booking corresponds to a deregistration. The provisions for cancellations apply accordingly to booking changes.

Migros Club School reserves the right to charge third-party claims for accommodation, meals, travel and so on in addition to the cancellation fee.

E-book licenses will not be refunded after delivery of the access code.

If the participant and the invoice recipient are not identical, the participant will be jointly and severally liable with the invoice recipient for all claims against Migros Club School.

Migros Club School may commission third parties to collect payments and is entitled to transfer invoice claims or the right to receive payments to third parties in accordance with these provisions. The costs of transfer to a collection service provider (at the earliest from the second written reminder) are borne in full by the participant or invoice recipient. The current processing fees can be viewed at www.fairpay.ch.

The participant or invoice recipient agrees to the assignment of claims.

6. Payment in instalments

Participants can make partial payments on request, on payment of a CHF 50 processing fee and at Migros Club School’s discretion.

7. Lessons/dates not attended

Lessons/dates not attended cannot be made up and will not be refunded. 

8. Subscriptions

Flat-rate subscriptions are valid for a certain period (e.g. for one month, halb a year, 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 during the period predefined by Migros Club School. The subscription fee is owed regardless of wether the subscription is actually used. When the end of the period of validity is reached, any remaining credit expires without replacement.

a) Purchasing and paying of the subscription

With any form of registration, a subscription contract is concluded and obliges the participant to pay the subscription price. The payment date listed on the invoice binding. Non-payment of the subscription is not considered withdrawal from the contract.

b) Registration and deregistration for lessons/events

Participants can register via the customer portal at the earliest two weeks and at the latest 30 minutes before the start of the lesson/event for the lessons/events defined by Migros Club School at the Club School Centres. 

Cancellations for booked lessons/events must be made via the customer portal by 120 minutes before the start of the lesson/event. 

In the event of non-attendance without prior or late cancellation, the lesson/event costs for the value-based 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., barring of the participant) in the event of repeated non-attendance.

c) Non-use (suspensionperiod, contract interruption, time stop)

Non-use of the subscription does not entitle the participant to any reduction or refund of the subscription fee. 

If the subscription cannot be used for at least 28 calendar days due to illness, accident, or pregnancy (certified by a doctor’s note with start and end dates), a suspension of the contract lasting a maximum of nine months may be granted upon written request, although there is no entitlement to such interruption of the contract. A handling fee of CHF 30 will be charged in such cases. The term of the subscription is extended by the duration of the contract interruption.  

Retroactive suspension of the contract is only possible in case of an illness, accident, or pregnancy. Suspension must be applied for in the first month after the end of the period of medically certified inability to participate. Requests submitted at a later date will not be considered. 

If a request for interruption/suspension of a contract is found or suspected to be abusively inconsistent with the terms imposed above, Migros Club School reserves the right to terminate the subscription without notice and without reimbursement of the subscription fee and/or to take further legal action. 

The contract suspension period is seamlessly added to the length of the existing subscription period. A cash refund is excluded. .

9. Course confirmation

At the request of the participant and after successful completion of at least 80 per cent of the course lessons, Migros Club School would be happy to issue a confirmation of course participation within one year of completion of the course. Deviating regulations are expressly reserved..

10. Disclaimer and insurance

For all courses and events organised by Migros Club School, Migros Club School excludes all liability for any damage incurred. Participants are responsible for arranging sufficient insurance cover. Use of Migros Club School facilities is at the participant’s own risk. Migros Club School cannot be held liable for theft or loss of any objects or items. Participants are obliged to comply with the current official directives (e.g., hygiene rules) and the directives of Migros Club School on the premises of Migros Club School. Participants with symptoms of illness, suspected infection with transmissible pathogens and/or subject to quarantine (imposed by the authorities or by themselves) are not permitted to visit the premises of Migros Club School (incl. partners, external workshops and premises rented to other companies). The risk of infection cannot be excluded entirely, even if you follow all the hygiene rules. Migros Club School excludes any liability in this regard.

The participant cannot derive any rights from non-achievement of learning objectives/success, in particular any refund of course fees.

11. Data protection

Processing of personal information in connection with the courses of Migros Club School is subject to the Migros Group Privacy Notice. The Privacy Notice explains how Migros handles personal information in connection with, among other things, the Migros Club School courses and contains, in particular, information on what personal information is processed for, how it is disclosed within the Migros Group and what rights data subjects have with regard to their personal information. The Privacy Notice is available online, currently at www.migros.ch/de/privacy.html. By registering, the participant accepts the associated processing of their personal information in accordance with the Privacy Notice.

Migros Club School and its affiliated companies of the Migros Group send the participant information and offers concerning Migros Club School and other companies of the Migros Group as well as partner companies by way of email and advertising brochures, for example. By registering, the participant agrees that corresponding messages may also be sent electronically.

Such messages and their dispatch can also be personalised in each case in order to send the participants only information that is likely to be of interest to them. This applies in particular to courses of Migros Club School, which are part of the courses of Migros Club School personalised services within the scope of these GTCs. In order to offer the participant as personal a user experience as possible, Migros Club School may analyse behavioural and transactional data together with existing personal information. Further information on this profiling and the participant’s rights can also be found in the Migros Privacy Notice.

12. Video and audio recordings

Video or audio recordings may only be made on the premises of Migros Club School and during online lessons with the express consent of Migros Club School and the participants.

13. Changes to the programme, prices and GTCs

Migros Club School reserves the right to change the programme, the prices and the GTCs at any time. The version in effect at the time of registration applies in each case. This version must not be unilaterally changed for the purpose of concluding this contract.

14. Severability

Should any provision of these GTCs be invalid or incomplete or should performance become impossible, this will not affect the validity of the remaining parts. In such a case, the invalid provision must be replaced by a permissible valid provision by which the intended purpose of the contract can be achieved in a legally permissible manner and which, based on its content, comes as close as possible to the original intention. The same applies in the event of a gap.

15. Applicable law and place of jurisdiction

All legal relations with Migros Club School are governed by Swiss substantive law, to the full exclusion of the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.

The exclusive place of jurisdiction for all disputes arising from or in connection with these GTCs is Zurich, Switzerland.