1. Introductory provisions
1.1 Czech Taiwanese Association (Česko-Tchaj-wanská společnost, z. s.), ID No. 082 59 496, with registered office at Verdunská 488/24, Bubeneč, 160 00 Prague 6, registered at the Municipal Court in Prague under file no. L 72155 (hereinafter referred to as the “Society”) provides services in the field of foreign language teaching (hereinafter referred to as the “Services”).
1.2 These general terms and conditions (hereinafter referred to as “Terms and Conditions”) govern the rights and obligations between the Society and the Client in the provision of the Services. Client means any person interested in the Services (hereinafter referred to as “Client”).
2. Orders for language courses
2.1 The Client may order a Language Course exclusively through the website of the Society by (i) submitting a language course registration form (hereinafter referred to as the “Application Form” or “Application”) or (ii) submitting a language course order through the website www.taiwanese.cz (hereinafter referred to as the “Order”). An Order or Application under this Clause 2.1 may only be made by (i) natural persons over 16 years of age and (ii) legal entities registered in the public register.
2.2 By submitting an Application or Order, the Client expressly accepts the Terms and Conditions in their entirety without any reservations.
2.3 The Society shall be automatically notified of the submission of the Application Form and Order. The Society will confirm receipt of the Application Form within three (3) working days at the latest by email to the Client. If the Society fails to do so, the Application shall not be deemed to have been accepted. The Order shall be deemed to have been received at the moment of sending the Order.
2.4 For the avoidance of doubt, it is stipulated that Applications and Orders shall be accepted by the Society until the capacity of each language course is reached.
3. Conclusion of the contract
3.1 The contractual relationship between the Society and the Client (hereinafter referred to as the “Contract”) shall be established by (i) acceptance (confirmation) of the Application or (ii) the sending of the Order.
3.2 The Terms and Conditions form an integral part of the Contract.
3.3 The subject of the Contract is the obligation of the Society to provide the Client with the Services on the terms and conditions set out below and the corresponding obligation of the Client to pay the Society the price of the language course (hereinafter referred to as the “Course Fee”).
3.4 As a result of the conclusion of the Contract, the Client is reserved a place in the Language Course until the Course Fee is due. Failure to pay the Course Fee by the due date shall result in the termination of the Contract between the Society and the Client (including the Society’s obligation to reserve a place on the Language Course).
4. Language courses
4.1 The Society provides the Services through full-time and online language courses, as well as group and individual language courses.
4.2 In-person language courses take place at the premises of the Society at Sněmovní 174/7, Malá Strana, 118 00 Prague 1 or other place determined by the Society (hereinafter referred to as the “Premises”) or at another location agreed between the Society and the Client.
4.3 The characteristics of the current offer of language courses, the conditions of conducting language courses (in particular, dates, scope, price, quality of Services and lecturers), the start of individual language courses are published on the website www.taiwanese.cz.
5. Course fees
5.1 The amount of the Course Fee is determined according to the price list of language courses published on the website of the Society at www.taiwanese.cz and is indicated on the Order or in the confirmation of the Application.
5.2 The Client is obliged to pay the full amount of the Course Fee to the Society before the start of the language course on the due date. If the Client orders the language course after the language course has started, the Client is obliged to pay the Course Fee in full within three (3) working days from the date of receipt of the confirmation of acceptance of the Application Form or sending of the Order.
5.3 The Client is obliged to pay the Course Fee (i) in cash at the premises of the Society, (ii) by wire transfer to the Society's bank account no. 2401658929/2010, held at Fio banka, a. s., (iii) by wire transfer via the GoPay payment system or (iv) by any other payment method currently offered.
5.4 In the event of cancellation of the Client's participation in the Language Course after the commencement of the Course, the Client shall be entitled to a refund of the Course Fee only on the grounds of an extraordinary unforeseeable and insurmountable obstacle arising independently of the Client's will and not arising from the Client's personal circumstances. If the Society recognizes the right to a refund of the Course Fee, the Client is obliged to refund no more than 50% of the Course Fee paid.
5.5 Instructional materials (in particular textbooks) are included in the Course Fee unless stated otherwise for the course.
6. Complaints and refunds
6.1 In the event of dissatisfaction of the Client with the quality of the instruction, the Client is obliged to inform the Society of such fact in writing to the e‑mail address info@taiwanese.cz or at the Society's premises.
6.2 The Society reserves the right to examine the reasons for the complaint and to propose an alternative solution to the Client (in particular, to allow transfer to another language course, transfer to individual tuition, transfer or postponement of the language course, refund of a proportionate part of the Course Fee).
6.3 The Society will decide on the complaint without undue delay, within three working days, if the complaint requires a review of the reasons for the complaint, the complaint will be resolved within 30 days of its submission.
6.4 Any circumstance (obstacle) arising on the part of the Client shall not be considered as a relevant reason for the complaint.
6.5 For the avoidance of doubt, it is further stipulated that the organisational changes referred to in Clause 9 (Organisational Changes) shall not be considered as a relevant reason for the complaint.
6.6 The Client is obliged to submit a claim within two (2) working days of the date on which the relevant situation or circumstance arose. Claims for defective performance shall lapse if they are made by the Client late.
7. Rights and obligations of the client
7.1 The Client shall not be entitled to enter into a contractual relationship with the Society's lecturers without the prior consent of the Society, the subject of which shall be foreign language teaching, interpreting or translation, for the duration of the contractual relationship between the Client and the Society, as well as for a period of one year following the termination of the contractual relationship between the Client and the Society.
7.2 The Client is obliged to observe the rules of good behaviour and to be considerate of other participants in the courses and in the premises where the courses are given in person, as well as to be clean and sober. If the Society issues school rules or other rules of conduct, the Client is obliged to comply with these rules. In the event of repeated complaints about the Client's behaviour or in the event of repeated serious breaches of the rules and provided that the Society calls on the Client to remedy the situation in advance, the Society reserves the right to exclude the Client from the course without any obligation to refund any part of the Course Fee.
8. Withdrawal from the contract
8.1 In the event of a distance contract being entered into, the Client, who is a consumer, shall have the right to withdraw from the contract without giving any reason within 14 days. The withdrawal period shall commence on the day following the day on which the Contract is concluded. If the Client withdraws in accordance with the conditions set out in this Article 8.1, the Society shall refund the Course Fee to the Client without undue delay and no later than 14 days from the date of delivery of the withdrawal.
8.2 In the event that the provision of the Services has already commenced prior to the expiry of the 14-day withdrawal period, and this has been done at the Client's express request, the Society shall refund to the Client only a proportionate part of the Fee corresponding to the price of the performance (Services) provided.
8.3 In the event that the Services have been provided in full prior to the expiry of the 14-day withdrawal period and this has been done at the Client's express request, the Client shall not have the right to withdraw from the Contract.
8.4 Withdrawal from the Contract must be made by the Client in writing (electronically) and delivered to the Society at its registered office address or electronically to info@taiwanese.cz.
8.5 For the avoidance of doubt, it is stipulated that the Client's right to withdraw from the Contract shall cease after the expiry of the 14-day period.
9. Organisational changes
9.1 The Society reserves the right to change the start date of the language course, individual parts of the language course or to cancel the language course completely for organisational and operational reasons. The Client will be offered a new start date for the language course or the individual parts of the language course.
9.2 The Society reserves the right to cancel a group language course if the number of registered Clients is insufficient (minimum number of 3 Clients). The Society is obliged to inform the Client of this fact at least three (3) working days before the start date of the language course. The Society is obliged to offer the Client an alternative solution, in particular (i) the possibility to attend another language course, (ii) the transfer of the group language course to individual lessons or (iii) the refund of the Course Fee or part thereof.
9.3 In justified cases, the Society reserves the right to convert face-to-face classes to distance learning, particularly with regard to the safety and health of Clients and instructors.
9.4 The Society also reserves the right to unilaterally make a change in the person of the language course instructor.
9.5 The Society shall inform the Client immediately of any changes to the language course pursuant to this article.
10. Lesson cancellation
10.1 For group lessons, in the event of a prior excused absence of the Client, lessons may be substituted according to the possibilities of the current schedule.
10.2 Excuses for group lessons may be notified in person at the Society's office, by FB messenger, by SMS to lecturers or by email at info@taiwanese.cz.
10.3 For individual lessons, if an apology is made twenty-four (24) hours before the lesson is due to start, it is possible to use the option of an alternative date, in case of a later excuse the lesson is forfeited. Monday lessons can be cancelled up to 2pm on Friday. An alternate date will be set by mutual agreement.
10.4 The number of cancelled individual lessons may not exceed two (2) lessons out of the total number of lessons set for the language course.
11. Responsibility
11.1 The liability of the Society shall be limited to cases of willful misconduct and gross negligence.
11.2 The Society shall not be liable for failure of the Services if the performance of the Contract is prevented by reason of force majeure (an extraordinary, unforeseeable and insurmountable obstacle which arose independently of the Society's will and could not be overcome despite the Society's best efforts). In such a case, the Society shall be exempt from the obligation to pay damages, contractual penalties or any other sanction. In particular, natural disasters, epidemics, embargoes, civil wars, insurrections, terrorist attacks or other disturbances and related measures by public authorities or new pandemic measures shall be regarded as force majeure.
11.3 The Society is obliged to inform the Client without undue delay of a force majeure event.
12. Protection of personal data
12.1 The Clients' personal data will be processed only for the purpose of providing the Services in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council1 and Act No. 110/2019 Coll. on the processing of personal data.
12.2 The Society's privacy policy is available on the Society's website.
1 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance)
13. Out-of-court resolution of consumer disputes
13.1 Pursuant to Section 14 of Act No. 634/1992 Coll. on Consumer Protection, the Society informs the Client - consumer about the possibility of out-of-court dispute resolution that could arise in connection with the exercise of rights and obligations under the Contract. The Czech Trade Inspectorate is competent for out-of-court settlement of consumer disputes between the Client - Consumer and the Society. The website of this authorised body is http://www.coi.cz/.
13.2 For the duration of the out-of-court dispute settlement negotiations, the limitation and prescription periods shall not run or begin to run unless one of the parties to the dispute expressly refuses to continue the negotiations.
14. Final provisions
14.1 These Terms and Conditions form an integral part of the Contract between the Society and the Client. A photocopy, an electronic version in PDF format or a scan of these Terms and Conditions shall be deemed to be a true copy with the force of an original, unless proven otherwise.
14.2 The Society shall be entitled to amend, modify, or supplement these Terms and Conditions at any time and any amendment, modification or supplement shall be effective upon delivery of the full version of the Terms and Conditions to the Client.
14.3 Legal relations between the Society and the Client which are not further regulated in these Terms and Conditions, or the Contract shall be governed by the generally binding law of the Czech Republic.
14.4 If the legal relationship established by the Contract contains an international element, then the parties agree that the relationship shall be governed by Czech law.
14.5 The Society is entitled to assign or transfer its rights and obligations under the Contract to a third party at any time. The Client shall not be entitled to assign or transfer its rights or obligations under the Contract without the prior written consent of the Society.
14.6 These Terms and Conditions are available in Czech and English. In the event of a discrepancy between the Czech version of the Terms and Conditions and the English version, the Czech version shall prevail.
14.7 The Society and the Client undertake to resolve all disputes arising out of or relating to the Contract or the Terms and Conditions primarily amicably and by mutual agreement. In the event that no agreement is possible, the dispute shall be resolved by the court of the Czech Republic having jurisdiction in the matter and place.
14.8 The individual provisions of these Terms and Conditions are enforceable independently of each other and the invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of the other provisions of these Terms and Conditions, except where, in particular by reason of the importance of the nature or other circumstances relating to such provision of these Terms and Conditions, it is clear that such provision of these Terms and Conditions cannot be severed from the other relevant provisions of these Terms and Conditions.
14.9 These Terms and Conditions shall come into force and effect on 1. 2. 2023.