GENERAL BUSINESS CONDITIONS of International Schools Educational Services (“ISES”)
1. Application of these General Business Conditions
These General Business Conditions of ISES shall govern all contractual relationships between ISES and the Customer. General Business Conditions or similar documents of the Customer shall not apply, even if they are not expressly rejected. Any deviation from these General Business Conditions shall only be binding upon express written consent of ISES.
2. Conclusion of Contract
For services offered online, any registration/order made by the Customer shall constitute a binding offer to purchase the respective service. The contract, if any, shall be concluded by the sending of an e-mail confirmation (= acceptance) by ISES. For orders (=assignments) made by email or any other written correspondence, the contract shall be concluded by the acceptance of the offer made by ISES by the Customer by the sending of an email confirmation (= acceptance). The Customer shall then be automatically bound by these Terms and Conditions. ISES shall not be obliged to accept any offers. For contracts concluded online, a Customer, who is a consumer within the meaning of the Austrian Consumer Protection Act has the right to revoke the contract within seven working days after receipt of the acceptance. This revocation requires no reasons and can be sent by letter, fax, e-mail etc.
3. Prices
The price shall be the price of ISES applicable at the time of the order. The prices quoted include value-added tax, unless expressly stated otherwise.
All invoices shall be due for payment within 15 days from the date of the invoice. In case of late payment, default interest in the amount of 8% above the basic interest rate of the European Central Bank can be added.
4. Warranties
In the case of the sale of goods, ISES shall, at its opinion, fulfill its warranty obligations by exchange or delivery of missing goods; if ISES fails to remedy the defect within a reasonable additional period granted by the Customer in writing, the Customer may demand an appropriate reduction on price.
Services are rendered on a “best efforts” basis. In case of defects, ISES shall have the option to repeat its service. In case of failure to remedy the service, the Customer shall be entitled to cancel the remaining contract and to receive a pro-rata refund.
5. Fees and deposits
When a completed registration form has been received an invoice will be issued to the Delegate for the fees due. This amount must be paid latest by 3 weeks upon receipt. Payment guarantees the course place, accommodation and other optional events booked. If the registration form is submitted less than 5 weeks before the course begins the full fees must be paid at the same time. The Delegate's bank should be instructed to pay all bank charges. Outstanding bank charges will have to be paid on arrival. Delegates will not be permitted to attend courses until all fees due have been paid. Fees are not refunded once a course has been started or accommodation occupied. ISES reserves the right to alter the fees if increases in cost make this necessary. Acceptance and entrance to ISES courses constitute a contract to pay all fees and associated charges due.
6. Cancellation and refunds
Cancellation by ISES
If ISES cancels a course a full refund of fees will be made to Participants. If a Participant has paid for a course in advance but is unable to attend it may be possible to claim on the travel insurance. Participants should read the travel insurance documents and contact the company to establish whether there is a valid basis for a claim. If an insurance claim is not allowed ISES will make the following refunds, provided that written confirmation from the insurance company is submitted that it will not meet a claim:
• for cancellation more than 6 weeks before the course starting date full fees will be refunded, less any bank charges;
• for cancellation in the 6 weeks before the starting date, or non-arrival half the fees will be refunded, less any bank charges;
• fees will be refunded in full for Delegates who cancel on grounds of illness – a certificate from a qualified medical practitioner is required.
Cancellation by Customer
For cancellations received in writing by ISES prior to the registration deadline, 90% of the course fee will be refunded minus any associated bank charges. After the registration deadline, course fees will not be refunded. For cancellations of educational tours, cancellations received 8 weeks prior to the start of the tour, 75% of the tour fee will be refunded. For cancellations received 4 weeks prior to the start of the tour, 50% of the tour fee will be refunded. For cancellations received after 4 weeks prior to the start of the tour, the tour fee will not be refunded.
7. Travel insurance
All students must have travel insurance that includes medical expenses, rescue, evacuation and repatriation, cancellation or curtailment, personal accident, personal property and money, delay abandonment and missed departure and personal liability claims. Please make sure all participants/delegates have a travel insurance before coming.
8. Changes to the booking
ISES reserves the right to make an administration charge of 100 EUR for any change to the original registration made by a Delegate.
9. Limitation of Liability
Liability of ISES is excluded for slight negligence except for personal injury. In case of gross negligence, the liability if ISES is limited to three times the compensation paid by the Customer for the respective service.
10. Jurisdiction and Governing Law
All Agreements shall be governed by the laws of Austria under exclusion of the conflicts-of-law provisions and under exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Exclusively the courts in Vienna, Austria shall have jurisdiction over any disputes arising out of any agreements governed by these General Business Conditions; as concerns customers, who are consumers within the meaning of the Austrian Consumer Protection Act, the legal places of jurisdiction shall apply.
11. Changes to these Terms and Conditions
ISES reserves the right to make changes to these Terms and Conditions as necessary.