General terms and Conditions of sale

Identity of the Association

ASBL Allingua – RCS Luxembourg F7391 – 63 Rue de Merl – L-2146 Luxembourg – contact@allingua.luwww.allingua.lu


General Provisions and Definitions

1° These general terms and conditions of sale govern all relations between ASBL Allingua and its clients, unless expressly waived and accepted in writing by Allingua. By placing an order, the client accepts these general terms and conditions of sale, waiving the application of any general or special conditions stated in their own purchase orders, letters, or business documents, even if such documents were drafted manually before or after our documents were issued.

2° The term “course” in these conditions means a training unit scheduled on a given date for a specific number of hours (e.g., a 2-hour course organized on 28 February from 9:00 to 11:00).

The term “session” in these conditions means a complete training program consisting of several courses (e.g., a 30-hour English course at level A2, starting on 22 January and ending on 12 April).

3° In accordance with Article 1148 of the Luxembourg Civil Code, a case of force majeure releases a party from contractual liability when the debtor proves that the impossibility of performing their obligations results from an event beyond their control, unforeseeable at the time of contracting, and irresistible in its effects. The unforeseeable and unavoidable nature of the obstacle (its consequences could not have been avoided despite due diligence) must be taken into account. Non-exhaustive examples include strikes, teacher illness, weather events, health crises, wars, etc.

4° Allingua’s brochures/web offers are drawn up in good faith based on the data available at the time of drafting. Any errors or modifications will be communicated to the client by way of errata or change notices.

In certain circumstances (including the occurrence of force majeure as per Article 3°), Allingua may be forced to temporarily or permanently withdraw a course offering, while remaining available to propose an alternative to the client.

5° The client must provide Allingua with all requested information that is either expressly required or reasonably necessary for the smooth progress of the training. If the client provides incorrect information resulting in additional costs for Allingua, these costs will be charged to the client.

6° Allingua may charge the client for any costs arising from modifications made to the initial booking.


Registration

7° From the moment of registration, the client is definitively and irrevocably bound to Allingua, regardless of whether a deposit has been paid, subject to Articles 10° and 11° below.

8° Registration for a course may be made by phone, email, or directly at Allingua. Upon receipt of the registration, the client will receive immediate confirmation by hand, postal mail, or email. The registration, as stated in the confirmation, obliges the client to attend the training during the period and schedule specified in this document.

9° The client may also register online via Allingua’s website (www.allingua.lu) or associated sites. In this case, by confirming the booking, the client irrevocably commits to attending the chosen training session. Once validated, the client will immediately receive confirmation of their registration by email. The registration, as set out in the confirmation email, obliges the client to attend the training during the period and schedule specified therein.


Cancellation

10°a. Unilateral cancellations of course registrations must always be made either by registered mail, by email sent exclusively to contact@allingua.lu, or in person at Allingua’s offices.

Except in cases of force majeure as defined in Article 3°, cancellation fees are as follows:

  • More than 31 days before the course: 8% of the course fee;
  • Between 31 and 22 days before the course: 15% of the course fee;
  • Between 21 and 15 days before the course: 30% of the course fee;
  • Between 14 and 8 days before the course: 50% of the course fee;
  • Between 7 and 1 day before the course: 75% of the course fee;
  • On the day of the course or in case of no-show: 100% of the course fee.


10°b. For à la carte and individual courses with flexible schedules, any course not postponed at least one business day before the scheduled time will be considered delivered and therefore invoiced. To be valid, the postponement must be made in writing more than 24 hours before the start of the course, using the email address contact@allingua.lu. This option of postponing without charge is valid up to four times per course session ordered. Beyond four postponements, all rescheduled courses will be invoiced.


Adjustment of Training Conditions

11° If the number of registrants for a course is below the minimum required to open the course, or in case of significant changes to the planned dates or hours, Allingua reserves the right, unless otherwise agreed by the parties, to cancel the session with a full refund of the amount paid by the client.


Registration Fee

12° Prices quoted in Allingua’s programs include all taxes. They always include a non-refundable administrative registration fee of EUR 25.

13° The registration fee must be paid no later than the last business day before the first day of the session. Allingua reserves the right to refuse access to any person who has not paid the balance of their registration, without prejudice to Allingua’s right to claim full payment in accordance with Article 10°a (no-show).

14°a. Unless otherwise requested, Allingua’s invoices are sent by email to the participant or to the individual/legal entity financing the training. They are payable immediately and in full.

15° Except in duly justified cases of force majeure as defined in Article 3°, any person abandoning a session remains liable for the entire registration fee for that session.

16° Any possible contribution from public authorities to cover the registration fee must be specified at the time of registration and follow current regulations. The client must provide proof of such contribution before the training begins and remains solely liable for the full registration fee should the contribution not be granted. Such public subsidies cannot apply to promotional or discounted courses.


Participation in Courses

18° The premises and materials made available to participants during their courses must be used reasonably and with care. Any damage will be charged to the negligent person.

19° Allingua reserves the right to deny access to a course to any participant whose behavior prevents other members of the group or other Allingua clients from attending their courses normally. Any exclusion for disciplinary reasons will be made without refund or compensation.


Client Liability

20° The client is liable for damage caused to Allingua, its staff, and/or representatives due to fault or failure to fulfill contractual obligations. Fault is assessed by reference to the conduct of a prudent and reasonable person under the same circumstances.


Complaint Procedure

21°a. Before the course:

If the client has a complaint before the course begins, it must be submitted as soon as possible by registered mail or with acknowledgment of receipt, addressed to Allingua at the address stated in point d. of this article.

21°b. During the course:

Complaints arising during the execution of the contract must be made as soon as possible so that a solution can be sought. To this end, the client should contact a representative of Allingua or the company/institution organizing the training (for in-company courses). Complaints must be made in writing and must include at least the concrete elements on which they are based.

21°c. After the course:

Complaints that could not be made during the course, or that were not satisfactorily resolved during the course, must be submitted no later than one week after the end of the course, either by registered mail or in writing with acknowledgment of receipt. Any complaint submitted after this deadline will be inadmissible.


Special Conditions: Companies and Institutions

22° Training orders must be placed by email. Upon receipt, the client will receive confirmation by email. From the receipt of this confirmation, the client has 48 business hours to make modifications to their initial order. After this period, the order is deemed final and the client is bound to Allingua.

23° In the absence of specific client procedures (as specified in a call for tenders or purchase order), any course order will be invoiced for the full amount as a deposit.

24° Allingua’s invoices are payable immediately and in full. Any sum unpaid on the due date will automatically and without prior notice incur late interest at the rate of 1% per month, as well as a fixed compensation of 10% with a minimum of EUR 40.

25° Unilateral cancellations of booked course sessions must always be made by registered mail or by email to contact@allingua.lu.

Cancellation fees are as follows:

  • Between 31 and 22 days before the planned course: 15% of the course fee;
  • Between 21 and 15 days before the planned course: 30% of the course fee;
  • Between 14 and 8 days before the planned course: 50% of the course fee;
  • Between 7 and 1 day before the planned course: 75% of the course fee;
  • From the 1st day of the course: 100% of the course fee.


26° Any course not postponed at least one business day before the scheduled appointment will be considered delivered and therefore invoiced. To be valid, the postponement must be made in writing more than 24 hours before the start of the course, using the email address contact@allingua.lu. This option of postponing without charge is valid up to four times per course session ordered. Beyond four postponements, all rescheduled courses will be invoiced.

27° Training reporting requirements must be communicated to Allingua at the time of order. Otherwise, Allingua’s standard procedure will apply.


Special Conditions: Online Courses and Tests

28° Definition: Online language courses and tests may be offered by Allingua through its platforms: CLL Visio, Language Campus (L-Campus), Language Examination Centre, Language Testing (L-Testing).

29° Equipment: In order to fully use Allingua’s online courses and tests services, the user must have the necessary equipment (computer, tablet, or smartphone) and an internet service provider subscription. Allingua cannot be held responsible for access difficulties to the site due to internet network disruptions or access limitations within the client’s internal network.

30° Absence: In the event of the user’s absence (no-show) for a service, the service will take place without them. It will not be rescheduled and will not give rise to any refund.

31° Rescheduling: Any course not postponed at least one business day before the scheduled appointment will be considered delivered and therefore invoiced. To be valid, the rescheduling must be made directly by the user on the relevant platform.

32° User Rights: Allingua’s online course and test platforms grant the client a non-transferable, non-exclusive, and limited right to access, use, and display the content of the platforms, provided that the user complies with these general terms and conditions. The platform materials are provided to the user for private and non-commercial use only. Certain services on these platforms are available exclusively to registered users of Allingua or of the specific platform.

By choosing to purchase a subscription or register for a trial on an Allingua platform, the user agrees to be bound by the terms and conditions set forth in these general terms.

33° Use of Platforms: The right to access and use Allingua’s platforms is personal to the user and may not be transferred to any other person or entity. The user may only access and use these platforms for lawful purposes.

The user is responsible for maintaining the confidentiality of their personal account on these platforms, including their username and password.

The user undertakes to inform Allingua of any unauthorized use of their account on an Allingua platform. For the Service to function effectively, the user must also keep their registration information accurate and up to date. Failure to do so will affect the accuracy and efficiency of the service.

At Allingua’s sole discretion, it may terminate a user account, or modify, recover, or delete any username associated with that account, for any reason (including illegal or unauthorized use). Allingua is under no obligation to retain any record of users’ accounts or any data or information stored through the account and/or Services.

Access to and use of Allingua’s online course and test platforms may be interrupted from time to time for various reasons, including, but not limited to, equipment malfunction, periodic updates, maintenance or repair of these platforms, or other actions that Allingua, at its sole discretion, may choose to take.

34° Intellectual Property: All materials on Allingua’s platforms, including content, text, images, software, audio and video files, documentation, emails, and the website, remain the exclusive property of Allingua or its suppliers at all times. These materials are protected by international copyright, trademark, and other intellectual property laws. The user may not display, distribute, sublicense, translate, or reproduce in any way materials protected by copyright, trademarks, or other proprietary information without Allingua’s prior written consent.

35°. Access and Interference: The user declares:

  • That they will not use any robot, spider, scraper, deep link, or other automatic data collection or extraction tool, program, algorithm, or methodology to access, acquire, copy, or monitor any Allingua online learning platform, or any part of such platform, without the explicit written consent of Allingua, which may be refused at Allingua’s sole discretion;
  • That they will not use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search an Allingua platform, other than the search engines and search agents available through the Service, and other than generally available third-party web browsers (such as Microsoft Explorer);
  • That they will not display or transmit any file containing viruses, worms, Trojan horses, or any other contaminating or destructive features, or otherwise interfere with the proper functioning of Allingua’s online learning platforms;
  • That they will not attempt to decipher, decompile, disassemble, or reverse engineer any software component or otherwise make up any part of Allingua’s online learning platforms.


The user’s standard operator charges, such as text messaging fees, will apply when accessing an Allingua online learning platform through their mobile devices.


Occurrence of Force Majeure or Change of Circumstances

36°a. When a case of force majeure as defined in Article 3° occurs, the contract concluded with Allingua may result in the following outcomes:

  • Suspension, if the case of force majeure results in a temporary impossibility of performance, provided that resuming performance still presents utility for the parties once the case of force majeure has ended. This solution shall be preferred and considered before any other;
  • Termination, if the case of force majeure permanently prevents performance of the contract. In such case, the client shall be refunded for the unperformed part of the contract, i.e., the courses not taken at the time the force majeure occurred. This amount will be calculated proportionally based on the total price agreed in the contract, with the exception of the non-refundable fee of EUR 25 (see Article 12°).


36°b.
In the event of an unforeseeable change of circumstances that renders the performance of the contract excessively burdensome for one of the parties, without that party having accepted the risk, the parties undertake to seek in good faith an equitable solution, particularly through renegotiation of the contract.

Failing agreement within a reasonable time, and if continuation of the contract becomes manifestly unfair, each party may, in accordance with principles established by Luxembourg case law, request the court to adapt the contract or to terminate it, in whole or in part, under such terms as it deems appropriate.


Refunds

37°a. In cases where a refund must be made by Allingua to the client, the following conditions apply:

  • If the refund is the result of course cancellation by Allingua, Allingua will reimburse the client the full price of the course.
  • If the refund results from an error or fault of the client, Allingua will reimburse the full price of the course less an administrative fee of EUR 25.


37°b.
Refunds of any amount paid into a foreign account will be subject to the full transaction fees being charged to the client.

37°c. Refunds of any amount paid by credit card will be subject to a transaction fee of 2.5%, to be borne by the client.


Data Protection Policy

38°. In managing the personal data it receives from its clients, Allingua complies with the provisions of the GDPR Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data. The privacy policy relating to this data is available on our website. The Client acknowledges having read this policy and accepts its terms.


Dispute Resolution

39°. Contracts concluded with Allingua under these general terms and conditions of sale are subject to Luxembourg law.

40°. In the event of a dispute, only the courts of Luxembourg City shall have jurisdiction.