General terms and conditions

Association identity

ASBL CLL – Centres de Langues – Place de l’Université, 25 – B-1348 – Louvain-La-Neuve – B.C.E. : 0431.176.282
Tel: +32 (0) 10 47 06 06 – E-mail: contact@cll.be – Website: www.cll.be Online contact form: https://www.cll.be/fr/contact
Live chat: you can receive a transcript of chat exchanges with the CLL, provided you enter your e-mail address at the start of the conversation.

General information and definitions

1° These general terms and conditions of sale govern all relations between the ASBL CLL – Centres de Langues (hereinafter “the CLL” or “CLL”) and its customers, unless otherwise expressly agreed in writing by the CLL. By the mere fact of placing an order, the customer accepts these general terms and conditions of sale, waiving the general and special terms and conditions mentioned in the customer’s own order forms, letters or commercial documents, even if these were drawn up by hand before or after our documents was drawn up.

2° The word “course” used in these conditions represents a unit of training on a given date for a given number of hours (ex. a 2-hour course on February 28 from 9 to 11 a.m.).
– The word “session” used in these terms and conditions represents a complete course program (ex. A 30-hour English course at A2 level, starting January 22 and ending April 12.).

3° In accordance with article 5.226 of the French Civil Code, “force majeure” occurs when one of the parties is unable to perform its obligations under the contract for reasons for which it is not responsible (no fault can be attributed to it within the meaning of article 5.225 of the French Civil Code). In this respect, account is taken of the unforeseeable and unavoidable nature (the consequences could not have been avoided despite all due diligence) of the obstacle to performance. These include, but are not limited to, strikes, teachers’ illnesses, climatic events, health crises, wars and so on.

4° The CLL brochures / web offers have been written in good faith according to the data available at the time of writing. Any errors or modifications will be communicated to the customer in the form of anerrata or notice of changes.

In certain circumstances (including the occurrence of a case of force majeure as defined in article 3°), CLL may be forced to temporarily or permanently cancel a given course, while of course remaining available to offer the customer an alternative.

5° The customer must provide CLL with any useful information that is expressly requested or that could reasonably influence the smooth running of the training. If the customer provides incorrect information that results in additional costs for CLL, these costs will be charged to the customer.

6° The CLL may charge the customer for any costs arising from modifications made to the initial reservation.

Registration

7° Upon registration, the customer is definitively and irrevocably committed to the CLL, regardless of the payment of a deposit and subject to articles 10° and 11° below.

8° Registration for a training course can be made by telephone, e-mail or at one of the CLL Centers. As soon as we receive your registration, we will send you a hand-delivered confirmation by post or e-mail. Registration as stated in this confirmation obliges the customer to attend the course during the period and at the times specified in this document.

9° Customers can also register online via the CLL website (www.cll.be) or one of its associated sites. In this case, by confirming the booking, the customer irrevocably commits to attending the chosen training session. As soon as the registration has been validated, the customer will receive direct confirmation of his registration by e-mail. Registration as stated in this confirmation e-mail obliges the customer to attend the training during the period and at the times specified in this document.

Cancellation

10°a. Unilateral cancellations of training registrations must always be made either by registered mail, or by e-mail only to contact@cll.be, or in person by the customer at the reception desk of the Center where the training was to take place (and where he will sign his cancellation document).

Except in the case of force majeure as defined in article 3°, compensation for unilateral termination is set as follows:

– Cancellation more than 31 days before the course: 8% of the course price;
– Cancellation between 31 and 22 days before the course: 15% of the course price;
– Cancellation between 21 and 15 days before the course: 30% of the course price;
– Cancellation between 14 and 8 days before the course: 50% of the course price;
– Cancellation between 7 days and 1 day before the course: 75% of the course price;
– Cancellation on the day of the course orno-show: 100% of the course fee.

10°b. If the training was purchased at a distance within the meaning of article I.8, 15° of the Code of Economic LawThe customer-consumer within the meaning of article I.1, 2° of the Code of Economic Law has the right to notify the CLL that he/she withdraws from the contract concluded with the CLL and thus renounces the formation. This must be done within 14 calendar days of conclusion of the contract, without penalty and without giving reasons.

Before the expiry of the 14 days referred to in the previous paragraph, the customer-consumer notifies CLL by e-mail(contact@cll.be) of his decision to withdraw from the contract.

To do this, the customer-consumer can :

– Or use the withdrawal form in appendix 1.
– Or make an unambiguous statement of your decision to withdraw.

The burden of proof concerning the exercise of the right of withdrawal lies with the customer-consumer in accordance with article VI.49, § 4 of the Code of Economic Law.

CLL will then reimburse all payments received from the customer-consumer without undue delay and in any event within 14 days of being informed by e-mail (to the address contact@cll.be) of the customer-consumer’s decision to withdraw from the contract and therefore from the training. For this refund, the CLL will use the same means of payment as that used by the customer-consumer for the initial transaction, unless the customer-consumer agrees in writing to another means of payment and provided that this other means of payment does not incur any costs for the customer-consumer.

In accordance with article VI.46, § 8 of the Code of Economic Law, when the customer-consumer wishes to have access to the courses during the 14-day withdrawal period, he/she must expressly request this from the CLL and expressly acknowledges that he/she will no longer have the right of withdrawal once the contract has been fully executed by the CLL, i.e. when he/she has full access to the course for which he/she has registered.

For the purposes of article VI.53, 1° of the Code of Economic Law, the CLL performs its service in full as soon as the customer-consumer is granted access to the training course for which he or she has registered.

10°c. In the case of “à la carte” formulas and individual lessons with variable timetables, any lesson not rescheduled at least one working day before the scheduled appointment will be considered as given and therefore billed. To be valid, course postponements must be made in writing at least 24 hours before the start of the course, using the e-mail address contact@cll.be. This no-cost deferral option is valid for a maximum of four times per course session ordered. After four postponements, all postponed lessons will be billed.

10°d. For official examinations organized by the CLL (Test d’Evaluation du Français, Certificaat Nederlands als Vreemde Taal), compensation for unilateral cancellation of examination registration is set as follows (except in cases of force majeure as defined in article 3°):

– Cancellation more than 20 working days before the scheduled exam date: 5% of the exam price;
– Cancellation less than 20 working days before the scheduled exam date: 100% of the exam price.

Adapting training conditions

11° In the event that the number of registrations for a training course is lower than the minimum number required to open the course, or in the event of a significant change to the dates or number of hours scheduled for a training course, CLL reserves the right, unless otherwise agreed by the parties, to cancel the session in return for a refund of the full amount paid by the customer for the session.

Registration fee

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

13° The registration fee is payable no later than the last working day before the first day of the session. The CLL reserves the right to refuse access to the course to anyone who has not paid the balance of their registration, without prejudice to the CLL’s right to claim full payment of the registration fee in accordance with article 10°a(no show).

14°a Unless otherwise requested, CLL invoices are sent by e-mail to the address of the participant or the natural or legal person financing the training. They are payable in cash.

14°b If the customer is a consumer within the meaning of article I.1, 2° of the Code of Economic Law, any delay in payment (= exceeding contractual or legal payment deadlines) by the customer to CLL is subject to book XIX of the Code of Economic Law.

When the customer-consumer has not paid his debt by the due date, CLL will send him (by post or e-mail) a formal notice in the form of a first payment reminder.

The customer-consumer will then have fourteen (14) calendar days to pay his debt.

This period of fourteen (14) calendar days will begin on the third working day following that on which the reminder is sent to the customer-consumer. When the reminder is sent electronically, this fourteen (14) calendar-day period will begin on the calendar day following the day on which the reminder is sent to the customer-consumer.
In the event of non-payment on expiry of the fourteen (14) calendar day period (referred to above), the customer-consumer’s debt will be increased:

–
Late payment interest
which will be calculated at the key rate plus eight percentage points referred to in article 5, paragraph 2, of the law of August 2, 2002 concerning the fight against late payment;

AND

–
A lump-sum payment
the amount of which may not exceed :

– 20 euros if the outstanding amount is less than or equal to 150 euros ;
– 30 euros plus 10% of the amount due on the portion between 150.01 and 500 euros if the remaining amount due is between 150.01 and 500 euros;
– 65 euros plus 5% of the amount due on the portion exceeding 500 euros, up to a maximum of 2,000 euros if the outstanding amount exceeds 500 euros.

15° Except in duly justified cases of force majeure as defined in article 3°, anyone withdrawing from a session is liable for the full registration fee for that session.

16° Any involvement of the public authorities in payment of the registration fee, in particular via the training voucher, language voucher and entrepreneur’s portfolio (KMO portfolio in the Flemish Region) systems, must be specified at the time of registration and must comply with current regulations. The customer must provide proof of intervention
before
The customer must provide proof of the intervention before the start of the course, and remains solely liable for the full registration fee if the intervention is not granted. This intervention cannot concern courses that are the subject of a promotional offer or price reduction.

Payment by instalments

17° The CLL offers the option of paying for certain course sessions in instalments according to a pre-established payment schedule. This option is available at no extra charge and only when paying by credit card. Customers who choose this option undertake to respect their commitment to pay in instalments. In the event of non-compliance with this commitment, or in the event of the credit card being blocked for any reason whatsoever, CLL will apply a surcharge of 80 EUR for administrative costs, without prejudice to its right to demand full payment of any sums still due.

Course participation

18° The premises and equipment made available to participants as part of their courses must be used reasonably and diligently. Any damage will be charged to the negligent person.

19° The CLL reserves the right to deny access to a course to a participant whose behavior prevents other members of his or her group, or other CLL clients, from following their course in a normal manner. Any exclusion for disciplinary reasons will not be reimbursed or compensated.

Accommodation reservation

20° Reservations for accommodation will only be confirmed upon payment of the full rental amount. In the event of cancellation before the start of the rental period, 50% of the total rental price is payable. If cancellation occurs after the start of the rental period, the full amount remains due.

Customer responsibility

21° The customer is liable for any damage caused to CLL, its employees and/or representatives, through its fault or as a result of the non-performance of its contractual obligations. Fault is assessed by reference to the behavior of a prudent and reasonable person in the same circumstances.

Complaints procedure

22°a. Before the start of training :
If the customer has a complaint before the start of the training course, he/she must submit it as soon as possible by registered letter or against acknowledgement of receipt, to the CLL at the address given in point d. of this article.

22°b. During training :
Complaints arising during the performance of the contract must be lodged as soon as possible so that a solution can be found. To this end, the customer should contact the CLL Center Manager where he or she is taking the training (in-center courses), a CLL Business representative or a representative of the company or institution organizing the training (in-company courses), or the CLL Quality Manager directly. Complaints must be made in writing, and include at least the facts on which they are based.

22°c. After the course :
Complaints that cannot be lodged during training, or that have not been satisfactorily resolved during training, must be submitted to the CLL no later than one week after the end of training, either by registered letter or in writing against acknowledgement of receipt. Any complaints received after this deadline will be inadmissible.

22°d. Contact details for the CLL Quality Manager: CLL Language Centers – Quality Manager – 25 Place de l’Université – B-1348 Louvain-la-Neuve – quality@cll.be .

Special conditions: Companies and institutions

23° Training orders are placed by e-mail. Upon receipt of the order, the customer will receive an order confirmation by e-mail. Upon receipt of this confirmation, the customer has 48 working hours to make any changes to the initial order. After this deadline, the order is considered final and the customer is committed to CLL.

24° In the absence of a specific customer procedure, specified in a call for tenders or on the order form, all course orders will be invoiced for the full amount of the order as a deposit.

25° CLL invoices are payable in cash. Any sum remaining unpaid on its due date will be increased, ipso jure and without prior notice, by default interest at the rate of 1% per month, as well as a fixed penalty of 10% with a minimum of 40 EUR.

26° Unilateral cancellations of ordered course sessions must always be made by registered mail or e-mail to cancel@cll.be.

The compensation for unilateral termination is set as follows:

– Cancellation between 31 and 22 days before the scheduled course: 15% of the course price;
– Cancellation between 21 and 15 days before the scheduled course: 30% of the course price;
– Cancellation between 14 and 8 days before the scheduled course: 50% of the course price;
– Cancellation between 7 days and 1 day before the scheduled course: 75% of the course fee;
– Cancellation from the 1st day of the course: 100% of the course price.

27° Any lesson not rescheduled at least one working day before the scheduled time will be considered as given and therefore billed. To be valid, course postponements must be made in writing at least 24 hours before the start of the course, using the e-mail address cancel@cll.be. This no-cost deferral option is valid for a maximum of four times per course session ordered. After four postponements, all postponed lessons will be billed.

28° CLL must be informed of training reporting procedures when the order is placed. Otherwise, the standard CLL procedure will be applied.

Special conditions: distance learning courses and tests

29° Definition: distance language courses and tests can be offered by CLL through its platforms Visialingua, CLL Visio, Language Campus(LCampus), Language Examination Centre, Language Testing (L-Testing) and Lingonia.

30° Hardware: to make full use of CLL’s distance learning courses and tests, users must have the necessary hardware (computer, tablet or smartphone) and a subscription to an Internet service provider. CLL cannot be held responsible for any difficulties in accessing the site due to Internet network disruptions or access limitations within the customer’s internal network.

31° Absence: in the event of the user’s absence(no show), the performance will take place without him/her. It will not be replaced and no refund will be given.

32° Postponement: any lesson not postponed at least one working day before the scheduled date will be considered as given and billed. To be valid, the course must be rescheduled directly by the user on the relevant platform.

33° User rights: CLL’s distance learning course and test platforms offer the customer 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 terms and conditions. The platform materials are provided to the user solely for private, non-commercial use. Certain services on these platforms are available only to registered users of the CLL or of each of these platforms.

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

34° Use of platforms: the right to access and use the CLL platforms is personal to the user and may not be transferred by the user 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 his personal account on these platforms, his username and password.

The user undertakes to inform the CLL of any unauthorized use of his/her account on a CLL platform. In order for the Service to operate efficiently, the User must also keep his/her registration information up to date and accurate. Failure to do so will affect the accuracy and efficiency of the service.

At CLL’s sole discretion, CLL may terminate a user account, or modify, recover or delete any user name associated with such account, for any reason (including for reasons related to illegal or unauthorized use). CLL is not required to keep track of users’ accounts or any data or information that the user may have stored using the account and/or the Services.

Access to and use of CLL’s distance learning course and test platforms may be interrupted from time to time for a number of reasons, including, without limitation, equipment malfunction, periodic updating, maintenance or repair of such platforms or other actions that CLL, in its sole discretion, may choose to take.

35° Intellectual property: all materials on CLL platforms, including content, text, images, software, audio and video files, documentation, e-mail and the site remain the exclusive property of CLL 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 any copyrighted materials, trademarks or other proprietary information without the prior written consent of CLL.

36°. Access and interference: the user declares :

– that it will not use any robot, spider, scraper, deep link or other automatic data collection or extraction tool, program, algorithm or similar methodology to access, acquire, copy or monitor any CLL distance learning platform or any portion thereof, without the express written consent of CLL, which may be withheld in CLL’s sole discretion;

– that it 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 any CLL platform, other than search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer) ;

– that it will not post or transmit any files that contain viruses, worms, Trojan horses or any other contaminating or destructive features, or otherwise interfere with the proper functioning of the CLL distance learning platforms;

– that it will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way constituting any part of the CLL distance learning platforms.

The user’s normal carrier rates and charges, such as text messaging charges, will apply when accessing a CLL distance learning platform with their mobile devices.

Force majeure or change in circumstances

37°a In the event of a case of force majeure within the meaning of article 3°, the contract concluded with the CLL may be subject to the following spells in accordance with articles 5.100 to 5.102 of the Civil Code:

– be suspended if the case of force majeure makes it impossible to perform the contract temporarily, and if it is still useful for the parties to resume performance once the case of force majeure has ended. This solution will be preferred and considered above all others.

– be dissolved if the case of force majeure definitively prevents performance of the contract. This means that the customer will be reimbursed for the part of the contract not fulfilled, i.e. the courses not taken, at the time when the force majeure event occurs. This amount will be calculated proportionally to the total price agreed in the contract, with the exception of the 25 EUR non-refundable fee (see 12°).

37°b In the event of a change in circumstances, the parties undertake to comply with article 5.74 of the Civil Code, which states that :

“Each party must perform its obligations even if performance has become more onerous, either because the cost of performance has increased or because the value of the consideration has decreased.

However, the debtor may ask the creditor to renegotiate the contract with a view to adapting or terminating it when the following conditions are met:
1° a change in circumstances makes performance of the contract excessively onerous, so that it cannot reasonably be required;
2° this change was unforeseeable when the contract was concluded;
(3) such change is not attributable within the meaning of section 5.225 to the debtor; (4) the debtor has not assumed such risk; and
5° the law or the contract does not exclude this possibility.

The parties continue to perform their obligations for the duration of the renegotiations.

If renegotiations are refused or fail within a reasonable time, the judge may, at the request of either party, adapt the contract to bring it into line with what the parties would have reasonably agreed at the time the contract was entered into had they taken account of the changed circumstances, or terminate the contract in whole or in part at a date which cannot be earlier than the changed circumstances and in accordance with the terms set by the judge. The action is brought and heard as a summary proceeding”.

Refund

38°a In the event that a refund is to be made by CLL to the customer, the following conditions shall apply:

– If the refund is the result of the CLL cancelling the course, the CLL will refund the full price of the course to the customer.
– If the refund is the result of an error or fault on the part of the customer, CLL will refund the full price of the course minus a 25 EUR administration fee.

38°b The refund of any amount paid into a foreign account will be subject to the customer being charged the full transaction costs.

38°c The refund of any amount paid by credit card will be subject to the retention of a transaction fee of 2.5% payable by the customer.

Data protection policy

39° In managing the personal data it receives from its customers, CLL complies with the provisions of GDPR Regulation (EU) 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. The privacy policy concerning this data is presented on our website (https://www.cll.be/fr/confidentialite). The customer acknowledges having read this policy and accepts its terms.

Miscellaneous

40° Unless otherwise stipulated in writing by the customer to CLL prior to the start of the training course, testimonials, films, recordings or photos concerning, mentioning or presenting the customer in the context of the training course may be used for promotional purposes, regardless of the form and medium of such actions.

Dispute

41° Contracts entered into with CLL under these terms and conditions are subject to Belgian law.

42° In the event of a dispute, only the Justice of the Peace of the 2nd Canton of Wavre and the courts of the judicial district of Walloon Brabant have jurisdiction.