TERMS AND CONDITIONS OF SALE
Article 1 - Obligation of means
The services provided by the training organization are subject to a best-efforts obligation.
Article 2 - Replacements, cancellations, carryovers
The conditions for replacements, cancellations and postponements at the initiative of the customer or participant are detailed in appendix n°2.
In the case of a departure abroad, it is the participant's responsibility to bring all necessary administrative documents.
The customer ensures that the participant is aware of this cancellation policy. This cancellation rule applies to all reasons for absence: travel, illness, work commitments, bad weather, strikes, etc.
Any cancellation or postponement of registration by the customer must be notified and confirmed in writing.
The training organization reserves the right to postpone or cancel a training course, or to change the venue or choice of instructors, if circumstances beyond its control oblige it to do so.
The training organization shall inform the organization signing the contract at least 3 working days before the start of the training course, without compensation to the customer. This deadline applies except in cases of justified force majeure.
Article 3 - Training regulations
Payment is the responsibility of the company or a collecting body. The training will be invoiced at the end of the session, and must be paid in accordance with the conditions set out in the commercial proposal, or at the latest 30 days after receipt of the invoice.
If the cost of the training is not covered or is refused by a collecting body, the participant or, as the case may be, the company, is automatically personally liable for the cost of the training.
Article 4 - Obligations of the participant and/or the training organization's co-contractor
If the training is organized by the employer on company premises, the participant remains subject to the employer's power of discipline. In addition, the client company undertakes to provide the conditions necessary for the proper pedagogical execution of the training: a closed, quiet room, with a blackboard or flipchart, markers, wifi access and, if possible, a computer.
If the training is provided on the training organization's premises, the participant must also comply with the training organization's internal rules for learners.
The client company ensures that the participant is aware of the internal rules for learners relating to the training location.
Participants are also required to sign the attendance sheets given to them via the Sowesign application, and to take part in the assessments proposed to them in order to check that they have acquired the skills required for the training course.
In addition, failure to attend training courses regularly will result in refusal to issue the training certificate.
Article 5 - Teaching and technical resources
The use of documents handed out during courses is subject to articles 40 and 41 of the law of March 11, 1957:
"Any presentation or reproduction in whole or in part made without the consent of the author or his successors in title or assigns is unlawful". Article 41 of the same law authorizes only "copies or reproductions strictly reserved for the private use of the copyist and not intended for collective use" and "analyses and short quotations, provided that the name of the author and the source are clearly indicated". Any representation or reproduction, by whatever means, not complying with the legislation in force would constitute an infringement punishable by articles 425 and 429 of the penal code.
Documents brought in by participants for teaching purposes will remain confidential.
Article 6 - Information technology and civil liberties
Computer media and documents supplied by the customer or learner remain the property of the customer or learner. The information contained in these media and documents is strictly covered by professional secrecy (article 226-13 of the French penal code). The same applies to any data that may come to Monceau Langues' knowledge in the course of executing the present contract.
In accordance with Article 34 of the French Data Protection Act, as amended, the training organization undertakes to take all necessary precautions to protect the security of information, and in particular to prevent it from being distorted, damaged or communicated to unauthorized persons.
The training organization therefore undertakes to comply with the following obligations and to ensure that its staff comply with them:
- Not to make any copies of the documents and data carriers entrusted to it, with the exception of those copies necessary for the performance of the services provided for in the contract or order;
- Do not use the processed documents and information for purposes other than those specified in the contract or order;
- Not to divulge these documents or information to other persons, whether private or public, physical or moral;
- Take all security measures to ensure the conversation and integrity of documents and information processed during the term of this contract;
- Destroy all manual or computerized files storing the information entered, at the customer's request.
In this respect, the training organization may not subcontract the performance of its services to another company, nor transfer the contract without the customer's prior agreement.
The training organization complies with the RGPD (General Data Protection Regulation) and invites you to consult its privacy policy on the page https://www.monceau-langues.fr/politique-de-confidentialite-et-securite/
The participant is hereby informed that personal information communicated to the training organization in application and execution of orders and/or sales may be communicated to the training organization's contractual partners for the purposes of said orders.
In accordance with French law n°78-17 of January 6, 1978, known as the "Loi Informatique et Libertés", updated by the law of August 6, 2004, the participant has the right to access, rectify and object to personal data concerning him or her. This right may be exercised by sending a request by e-mail or post to the training organization.
Article 7 - Communication
The customer expressly authorizes the training organization and its subsidiaries to mention the customer's name and logo, and to mention, by way of reference, the subscription to an order and any operation resulting from its application in all their commercial documents. Refusal of this clause must be notified to the training organization in writing.
Article 8 - Applicable law
The General Conditions and all relations between the training organization and its customers are governed by French law.
All disputes that cannot be settled amicably will fall under the exclusive jurisdiction of the Commercial Court of Paris, regardless of the customer's registered office or place of residence, notwithstanding multiple defendants or the introduction of third parties.
This jurisdiction clause will not apply in the event of a dispute with a non-professional customer, for whom the legal rules of material and geographical jurisdiction will apply. This clause is stipulated in the interest of Monceau Langues, which reserves the right to waive it if it sees fit.
Article 9 - Acceptance of the GTCS
Participation in the training course implies full acceptance of the company's general terms and conditions of sale, and compliance by the participant with our learners' rules and regulations, which will be sent to him/her before the start of the training course.
Article 10 - Mediation of consumer disputes
In accordance with articles L611-1 et seq. and R612-1 et seq. of the French Consumer Code, it is stipulated that for any contractual dispute concerning the performance of a sales contract and/or the provision of services that cannot be resolved, the Consumer may have recourse to free mediation by contacting the National Association of Mediators (ANM):
- Mail: 2 rue de Colmar 94300 Vincennes (please specify contact details)
- Contact form: https://www.anm-conso.com
- Telephone: 01 46 81 20 95, Monday to Friday, 9.30am to 12.00pm
Consumers can also visit https://ec.europa.eu/consumers/odr or www.economie.gouv.fr/mediation-conso.
GENERAL TERMS AND CONDITIONS OF SALE - Séjours linguistiques
Registration
Registration becomes effective when MONCEAU LANGUES confirms receipt of the registration form, duly completed and signed by the participant, and the reservation of the place with the partner school. No participant can take part in a stay if the full invoice has not been paid one month before departure. In this case, MONCEAU LANGUES reserves the right to cancel the registration without refund.
Upon confirmation of enrolment, MONCEAU LANGUES sends the participant a travel pack containing all the information required for departure, in particular, details of the training location and accommodation. Details of family accommodation may be sent at a later date. In addition, a change of family may occur before departure; this does not constitute a valid reason for cancellation of the registration.
Formalities and visas
It is the participant's responsibility to comply with exit and entry formalities in the destination country. MONCEAU LANGUES cannot be held responsible for the absence, insufficiency or non-conformity of any documents presented. The participant must take into account the time required to obtain any necessary documents (passport, visa, etc.). Please note! The time required to obtain a visa may vary depending on the destination of the trip and the participant's country of origin, but it usually takes between 3 and 4 months. If a visa is not obtained, it is the client's responsibility to inform MONCEAU LANGUES in writing as soon as possible.
Conditions for cancellation or postponement before departure at the initiative of the participant
All requests for cancellation or postponement must be made in writing.
In the event of cancellation of all or part of the training program defined in the estimate or the agreement signed by the participant or the beneficiary company, the latter undertakes to pay the training organization a cancellation indemnity in accordance with the following terms:
- Cancellation or postponement more than 30 working days before the first day of your stay: €150.
- Cancellation or postponement less than 30 working days before the first day of the stay and more than 15 working days before the first day of the stay: 50% of the total cost of the training course and related expenses (accommodation, exams, etc.) will be invoiced to the beneficiary company, inclusive of tax.
- Cancellation or postponement less than 15 working days before the first day of the course: 100% of the total cost of the course and related expenses (accommodation, exams, etc.) billed to the beneficiary company.
This compensation cannot be deducted from the company's compulsory contribution to the financing of continuing vocational training.
Cancellations due to infection at COVID 19 incur the same charges as any cancellation or postponement.
In the event of a postponement, the stay must take place within a maximum of one year from the initial date.
In the event of a no-show on the day of arrival, the stay will be cancelled, it cannot be rescheduled, and the participant will not be reimbursed.
Cancellation, modification, postponement of a stay on the initiative of MONCEAU LANGUES
If, prior to departure, an event beyond MONCEAU LANGUES' control forces the organization to modify an essential element of the contract concluded with the customer, MONCEAU LANGUES will inform the customer as soon as possible, and will propose either a modification of the stay, or a replacement stay. The customer may then either accept the proposed modification or cancel the contract. The customer who wishes to cancel the contract will be reimbursed in full for any sums paid to MONCEAU LANGUES. The customer must inform MONCEAU LANGUES of his decision (acceptance of the modification or cancellation) within a maximum of 7 days from receipt of the information. If no response is received within this period, the customer will be deemed to have accepted the proposed modification. If such changes occur on arrival, Monceau Langues undertakes to propose an alternative solution on a case-by-case basis, depending on the specific circumstances.
Public holidays
Classes are not held on public holidays in the country of stay and will not be made up or reimbursed. An absence from a course on a public holiday therefore does not represent a change in the services provided for in the contract.
Price
The price of MONCEAU LANGUES services is payable in Euros only. The current rates are those communicated by MONCEAU LANGUES through a personalized proposal and a written training agreement. Prices communicated by any other means of communication (Internet, brochures, etc.) are indicative only and may be subject to change without notice. Prices do not include VAT. VAT, if applicable, is payable by the customer.
Immersion courses provided by MONCEAU LANGUES partners located in countries outside the Euro zone are subject to exchange rate fluctuations. MONCEAU LANGUES reserves the right to reflect these variations in its prices and to modify prices in the event of currency fluctuations. However, once the order has been placed, the price excluding VAT will be firm and definitive.
In the event of a change in the price of a MONCEAU LANGUES subcontracting partner for one or other of the components of the service (training service provided by the partner training center or accommodation service organized by the partner training center), MONCEAU LANGUES will fully pass on the increase in its public or negotiated prices. However, once the order has been placed, the price excluding VAT will be firm and definitive.
Hosting
Accommodation starts on the Sunday evening before the start of the course and ends on the Saturday morning after the end of the course (unless otherwise specified in the quote). In the event of arrival before the start date of your accommodation, and/or in the event of departure after the end date of your accommodation, agreement must be given by Monceau Langues. The price of additional nights will be communicated at the time of booking.
Host family accommodation
It is important to note that host families adopt their own lifestyles, which are often different from those of the participant. The participant undertakes to respect the habits and customs of the host family and the country. The family agrees to provide a single room (unless otherwise requested by the participant), and not to accommodate other French speakers. The family undertakes to provide balanced meals in sufficient quantity (B&B, half-board or full-board depending on the formula chosen). However, participants are asked to take into account the cultural aspect of meals and to respect the culinary practices of the host country (mealtimes, choice of food, etc.). In case of difficulty with a family, the participant is invited to inform the family, Monceau Langues or the school staff.
Accommodation at teacher's home
In the case of a stay with a teacher, the main objective is to improve the participant's language skills. To this end, Monceau Langues is committed to the content of the training program and the rigorous selection of the trainer on the basis of personal and professional skills. Apart from professional skills, the wishes expressed by the client (people with children, age, geographical location, interests, etc...) are not binding on Monceau Langues and do not constitute an essential condition of the contract. They should only be considered as additional amenities. Monceau Langues reserves the right to change host teachers up to the last minute in the event that the original family withdraws. In this case, the participant will be informed immediately by any means possible.
Claims processing
It is the participant's responsibility to inform the center or MONCEAU LANGUES management of any incident or misunderstanding that may occur at the center. Any complaint from a participant must be made as soon as possible during the stay. An acknowledgement of receipt of this complaint will be sent to the customer within 5 days of its receipt by MONCEAU LANGUES. After the stay, any complaint is only admissible within 2 months.
Satisfaction follow-up
An initial satisfaction questionnaire sent during the first week of your stay, and a second one sent once you've returned home, will enable MONCEAU LANGUES to rigorously monitor customer satisfaction.
References
The customer authorizes MONCEAU LANGUES to include his/her company name or testimonial on a list of references unless he/she has expressed a written wish to the contrary.
Acceptance of terms and conditions and compliance with internal regulations
Any contract or order for a training service from MONCEAU LANGUES implies full acceptance of the present clauses and the commitment to respect and ensure respect by its staff of MONCEAU LANGUES' internal regulations.
