AMADEUS International School Vienna („AV“) renders its services exclusively on the basis of the following general terms and conditions:
1. First-time Admission
1.1. Applications for Admission will only be processed upon payment of Application Fee in full and upon receipt (1) of filled out application form signed by the Parent(s)/Guardian(s) and (2) of any and all documentation according to the admission requirements as published on AV’s website, www.amadeus-vienna.com.
1.2. Admittance is subject to satisfactory completion by the Student of all academic requirements in his/her current school, to an acceptable behavioural record and to AV’s capacity. Submission of Application for Admission and payment of Application Fee does not constitute enrolment of the Student. Admission is at the sole discretion of AV.
1.3. Application form as well as any other information and documentation submitted to AV constitute integral parts of the school contract. False statements or data as well as failure to disclose any and all details of information pertaining to the Student’s academic and behavioural history can result in the Student not being admitted to AV and entitles AV, in case of the Student having been admitted due to such falsity, to terminate the school contract at any time without notice.
1.4. If the Student is admitted, school contract and invoice will be issued shortly after. School contract must be signed by the Parent(s)/Guardian(s). A signed original copy of school contract (no signed pdf copy) must be returned to AV within four (4) weeks after the date of issue. If AV does not receive school contract within this given time period, AV may allocate the enrolment space to another Student.
1.5. The School reserves the right to determine the grade level placement of the Student and is not required to follow wishes of the Parent(s)/Guardian(s). Grade level placement may not always correspond to that of other schools and other education systems.
2. Annual Re-Enrolment, Termination
2.1. School contract is entered into on an annual basis (school year). The term of the contract shall automatically continue for the following school year, if the contract is not terminated by either party or the respective school year constitutes the final school year for the Student. Either party may terminate the contract by giving notice to the respective other party until 31 January latest. The termination is effective by the end of the school year in which the notice is given. For formal requirements section 16.2.
2.2. When the Student is first admitted, AV anticipates that the Student will continue his/her studies at AV, provided that the Student succeeds in meeting AV’s academic and behavioural standards as detailed in AV’s handbook(s). AV looks closely at the Student’s abilities and success in view of the yearly transition to the next grade and, if circumstances dictate, reserves the right to refuse admittance of the Student into the next higher academic level.
2.3. Students may be admitted at any time during the school year. In case the Student starts after 31 January, the Student is not entitled to terminate the contract until 31 January of the following year. During this period AV may only terminate the contract in cases defined in the General Terms and Conditions except Section 2.1. Annual Fees for the first school year are calculated pro rata on the basis of complete calendar months starting with the months of admission.
2.4. Sections 1.2., 1.3., and 1.5. apply respectively to any re-enrolment. Filing an application form is not required.
2.5. The Parent(s)/Guardian(s) may terminate the contract for the following reasons:
· Permanently moving to another country and/or loss of stay permission in Austria
· Necessity for serious family reason (bereavement, serious illness in the family)
In such case Annual Fees, Fees for Optional Services and Special Needs must be paid in full for the running school term and the following school term (even if it is the term after the summer break). Prepaid fees exceeding this amount will be refunded. The termination notice (Section 16.2.) must include written evidence of the reason for termination. The termination is effective by the end of the next school term following the receipt of the notice by AV unless the notice expressly states that the termination takes effect at the end of a later term. All of AV’s outstanding claims are due and payable not later than on the school working day preceding the Student’s last school day as determined by AV. The Parent(s)/Guardian(s) are entitled to a refund (without interest) of a credit balance of Annual Fees, Fees for Optional Services, and Special Needs paid in advance, if any, remaining after settlement of any and all outstanding claims. Such refund is due within four (4) weeks from the Student’s last school day as determined by AV and the indication of a bank account by the Parent(s)/Guardian(s).
3. School Fees
AV determines the following fees (“School Fees”) payable for each student attending AV for each school year. Fees may be increased before the start of a new school year, in particular with the increasing costs of personnel, facilities, programmes, and material for running AV. Such an increase must be notified to the Student(s) and/or Parent(s)/Guardian(s) until 31 January of the preceding school year. The applicable amounts can be obtained from the Admissions Office or can be found under the Admissions Section of AV’s website. School Fees consist of the following components and might be subject to VAT (VAT is applicable on certain School Fees, varying between 0% and 20%):
· Application Fee: A one-time non-refundable Application Fee is payable upon submission of each signed application form. Application Fee must not be paid for the Student who returns to AV within a 3-year period after leaving AV.
· Enrolment Fee: A one-time non-refundable Enrolment Fee is payable upon the Student’s first-time admittance to AV. Enrolment Fee must not be paid for the Student who returns to AV within a 5-year period.
· Deposit: A one-time refundable deposit to cover the cost of any loss or damage incurred during the time the Student attends AV is payable in full upon the Student’s first-time admittance to AV. AV reserves the right to deduct the cost of any missing or damaged school property, in particular laptops, or any other costs to AV from this Deposit. If amounts are deducted at any point during the school year, the Parent(s)/Guardian(s) will be informed and the deposit must be refilled before the start of the next school year. Deposit or any residual portion thereof is refundable (without interest) to the Parent(s)/Guardian(s) within four (4) weeks from the Student’s last school day as determined by AV and the indication of a bank account by the Parent(s)/Guardian(s), provided that the Parent(s)/Guardian(s) submit(s) a written request to AV’s Admissions Office. If no appropriate request for a refund including the indication of a bank account is received by AV within twelve (12) months from the Student’s last school day as determined by AV, the Parent(s)/Guardian(s) will no longer be entitled to a refund.
· Annual Fee Day Student, Annual Fee Boarding Student: A non-refundable Annual Fee Day Student/Annual Fee Boarding Student is payable for every school year. Payment is due within four (4) weeks from the date of invoice at the latest, AV may accept payment in three (3) instalments subject to a financing charge according to the Annual Fee Instalment Scheme and only available upon request to Admissions Office. Annual Fee might vary depending on time of enrolment or departure, subject to the rules stipulated in section 4 below. The calculation of Annual Fee Day Student/Annual Fee Boarding Student is determined on the basis of a full school year, regardless of the attendance of the Student.
· Fees for Optional Services: Non-refundable Fees for Optional Services, such as shuttle service, mother-tongue/language programme, travel insurance, external assessment costs (SAT, TOEFL, IELTS, etc.) or activities beyond the allocated credit points, residence permit and medical insurance for boarders, are payable for every school year, if applicable per term. Payment is due within four (4) weeks from the date of invoice at the latest. Fees for Optional Services might vary depending on time of enrolment or departure, subject to the rules stipulated in section 4 below. The calculation of Annual Fees for Optional Services is determined on the basis of a full school year, regardless of the attendance of the Student.
· Special Needs Evaluation Fees: Fees charged to cover the costs associated with the assessment of special needs of the Student. The Parent(s)/Guardian(s) will be asked for their permission and be informed of these costs prior to an assessment being carried out.
4. Payment of School Fees
4.1. Payment of any and all School Fees is due within four (4) weeks from the date of invoice. Upon the Student’s first-time admittance to AV, Enrolment Fee, Deposit, Annual Fee Day Student/Annual Fee Boarding Student, and, if applicable, Special Needs Evaluation Fees are invoiced together and Fees for Optional Services are invoiced separately, if applicable together. In case of re-enrolment for any subsequent school year, Annual Fee Day Student/Annual Fee Boarding Student and, if applicable, Special Needs Evaluation Fees are invoiced together and Fees for Optional Services are invoiced separately, if applicable together.
4.2. In accordance with § 15 (3) Austrian Consumer Protection Act („Konsumentenschutz-gesetz“, KSchG) the Parent(s)/Guardian(s) and the Student acknowledge that planning of school operations, especially for forthcoming school year, requires significant expenditure, so that proper school operations and arrangement can only be made if the future number of students is clear at an early date. The school therefore retains full right to the School Fees for the entire contractual school year, if the school terminates school contract prematurely as stipulated in section 4.5., or if the Parent(s)/Guardian(s) prematurely terminate school contract without justified reason according to section 2.5.
4.3. Payment must be made in Euros only. Payment must be made according to AV’s bank details as stated on the invoice. Bank handling charges are to be borne in full by remitter.
4.4. Enrolment during school year: Subject to Vienna School Authority’s (“Stadtschulrat”) approval and provided a class vacancy is available, the Student(s) is/are accepted to enter AV at any time during the school year. Annual Fee and, if applicable, Special Needs Evaluation Fees and Fees for Optional Services are calculated pro rata on the basis of full calendar months and are payable upon the Student’s admittance to AV. However, if the Student enters AV within four (4) weeks after the official commencing date according to school calendar, full amount of Annual Fee and, if applicable, Special Needs Evaluation Fees and Fees for Optional Services are payable.
4.5. If AV terminates school contract with immediate effect in accordance with this General Terms and Conditions there is no refund of school year’s remaining Fees. Any unpaid balance will be due and payable immediately in full.
5. Late Payment
5.1. In the event of a late payment of any amounts due to AV for more than four (4) weeks, interest at the rate of one per cent (1%) per month will be charged.
5.2. If a late payment continues for more than four (4) weeks, AV may in its own discretion terminate school contract and dis-enrol the Student by way of a notice in writing to the Parent(s)/Guardian(s). Such termination takes effect at the end of the month following the month of the giving of such notice. In this case, section 4.5. shall apply. Any costs, including legal costs incurred by AV in the recovery of outstanding fees are to be borne by the Parent(s)/Guardian(s).
6. Force Majeure
There is no refund of any School Fees for instructional days lost due to reasons beyond AV’s control. This particularly applies to school closure due to weather conditions, fire, flood, strikes, epidemics, pandemics or other similar events.
7.1. AV provides third party liability insurance for the Student(s). This insurance covers the Student’s legal liability for any property damage and personal injury as well as consequential financial losses in connection with his/her school activities, excluding activities outside of AV premises, such as excursions, outings or events outside of Austria.
7.2. It is strongly recommended to the Parent(s)/Guardian(s)and the Student to take out own insurance which goes beyond AV’s insurance cover, in particular theft and accident insurance.
8. Services provided to Day Students
8.1. To any Day Student, AV provides the following services covered by Annual Fee Day Student:
· Academics from 08:00 to 18:00 in line with the International Baccalaureate Organisation and according to AV’s curriculum (“Organisationsstatut”) approved by Vienna School Authority and Austrian Federal Ministry for Education, the Arts, and Culture (“Bundesministerium für Unterricht, Kunst und Kultur”)
· Classroom instruction, supervision, in-school workshops
· Physical, Social, and Health Education Programme
· If applicable: Unique supplementary subjects (e.g. Performance and Personal Presentation Training, Learning to Learn, Personal Project Guidance, Careers Training)
· If applicable: Loan of subject textbooks, educational materials and documentation, subscriptions, educational memberships, the yearbook, and school photos
· If applicable: Loan of tablets or laptops (e.g. iPads, MacBooks)
· If applicable: Whole grade residential trips (e.g. Winter and Summer Project Weeks)
· If applicable: Curriculum-based day trips
· If applicable: Assessment costs (IB Diploma examinations, IB MYP moderation, PYP and MYP level ISA standardised assessment – not including retakes or remarking)
· If applicable: University and Career Counselling
· School Doctor and School Counsellor services
· Music and the Arts, Sports & More: a large variety of activities to the extent of the allocated credit points
· Lunch & Snacks: morning snack, lunch, and afternoon snack
· Insurance cover according to section 7 above
8.2. The Student must provide his/her own school supplies, such as writing materials, paper, booklets, calculator, and any other items as well as own personal clothing, including warm winter clothing, sport clothing, and any other items according to teaching staff’s instructions, and if applicable boarding staff’s instructions.
8.3. These Services are not provided during the school and public holidays published by AV.
9. Services provided to Boarding Students
9.1. Additionally to the services provided to any Day Student, AV provides the following services to Boarding Students covered by Annual Fee Boarding Student:
· All meals (breakfast, lunch, dinner) and snacks (morning, afternoon)
· Superior accommodation with private en-suite bathroom
· Laundry facilities
· Supervision by qualified boarding staff
· Evening and weekend activities
· Vienna International Airport Transfers (up to six annual transfers from/to airport)
· In case of minor sickness, home care by boarding staff, if necessary, according to General Practitioner’s instructions
9.2. These Services are not provided during the three longer vacation breaks in winter, spring, and summer.
10. Additional Costs
10.1. The following costs are not covered by School Fees and will be charged additionally:
· Any subject specific material, if not provided by AV
· Telephone calls
· School uniform
· Shuttle service
· Mother-tongue/Language Programme
· Travel insurance
· External assessment costs (SAT, TOEFL, IELTS, etc.)
· Activities beyond the allocated credit points
· Residence permit and medical insurance charges for boarders
· Medical treatment, medication, and hospital accommodation
11.1. AV shall not be liable – except in cases of gross negligence – for loss of money or loss of damage or damage of clothing, any other articles of value or vehicles of any kind whatsoever, including accessories to such vehicles and interests for loss of money. The limitation of liability does not apply to personal injuries.
11.2. The Parent(s)/Guardian(s) shall indemnify AV for all damages caused by their children.
12. School and House Rules
12.1. AV reserves the right to draft and amend School and House Rules as detailed in AV’s handbook(s). Such School and House Rules bind the Student and the Parent(s)/Guardian(s). The Parent(s)/Guardian(s) undertake to instruct the Student to abide by the School and House Rules. AV shall be entitled to terminate the school contract at any time without notice, if the Student and/or the Parent(s)/Guardian(s) violate(s) the School and House Rules either repeatedly or by serious misbehaviour.
12.2. School uniform: At AV a school uniform is compulsory. The Student must wear the AV school uniform during his/her entire presence at AV and during AV activities outside of AV premises. In such cases, AV will communicate a list of mandatory school uniform items and, if deemed to be necessary, publishes a school uniform policy. If the Student does not comply with such school uniform policy and/or if the Student repeatedly presents him/herself not wearing the proper school uniform and continues to do so after due warning, AV shall be entitled to terminate the school contract at any time without notice.
12.3. AV has the responsibility, and reserves the right, to terminate the school contract at any time without notice if, in the judgment of the administration, the Student’s academic or disciplinary record, or conduct at or outside AV premises, is detrimental to the welfare of other students, or is not keeping with AV’s standards.
13. Authorisation to handover to medical services
13.1. AV is authorised to handover the Student to medical services. In case of serious illness and/or hospital accommodation, AV is obliged to immediately inform the Parent(s)/Guardian(s).
13.2. The Parent(s)/Guardian(s) consent that costs for medical treatment, medication, and hospital accommodation are settled between AV and medical practitioner and/or hospital operator and then charged from AV to the Parent(s)/Guardian(s).
13.3. The Parent(s)/Guardian(s) must inform AV of any diseases and/or allergies of the Student that could possibly influence school life. Such information must be provided in writing and at the latest at the time of concluding school contract.
14.1. If the Student is of full age at the time school contract is concluded, the Student is as well bound to school contract and hence acknowledges any and all obligations therein as being fully binding to him/herself.
14.2. If the Student reaches the age of majority during school year, he/she will accede to school contract automatically. The Parent(s)/Guardian(s) and the Student will then be jointly and severally liable towards AV. If the Student refuses to do so, AV shall be entitled to terminate the school contract at any time without notice.
15. Legal Consent
15.1. Personal pictures but no other personal data of the Student may be made publicly available in particular in promotional and marketing activities, such as brochures and flyers for AV. Personal pictures mean photos and video recordings and other records which reflect person mentioned above who is individually identifiable. Names may only be made available in connection with presentations of the Student (f.ex. events, concerts).
15.2. Data protection information: Through the intended use of the Internet, personal pictures as well as other published personal information of person mentioned above can be retrieved and saved worldwide. Thus corresponding data can be found by so-called ‘search engines’. It cannot be ruled out that other people or companies combine this data with other data available on the Internet of person mentioned above and use it to create a personal profile, change the data or use it for other purposes.
15.3. The Parent(s)/Guardian(s) and the Student consent:
· to the taking of personal pictures as described above by AV and/or by any other person assigned by AV
· to the usage of personal pictures and personal data as described above without further approval. The concession rights for personal pictures are without redress and include the right to edit, if the processing is not disfiguring. The authorisation for use is irrevocable and applies for an unlimited time scale
· that the intellectual property and its copyright of any artistic creation during the validity of school contract of the Student belong to AV
· that AV uses musical compositions and recordings in conjunction with, but not limited to, the purpose of advertising as well as give AV the right to license and distribute the aforesaid musical compositions in conjunction with advertising throughout the world on any medium or forum, whether now known or hereinafter created
16.1. The exclusive place of jurisdiction for all disputes arising from or relating to this contractual relationship between AV and the Parent(s)/Guardian(s) and/or the Student him/herself shall be the competent court at AV’s domicile (1180 Vienna, Austria). Austrian Law shall govern this contractual relationship without giving effect to any conflicts of laws provision or rule that would cause the application of the laws of any other jurisdiction.
16.2. There are no oral side agreements or amendments to school contract and/or these terms and conditions. Amendments or additions to this contractual relationship must be made in writing. This also applies to any agreement to waive the requirement for written form. Fax and email also meet the requirement for written form. Any type of scholarship/discount agreement to this contractual relationship have only legal validity as official amendment(s) and in written form. Oral statements, in particular pertaining to the termination or continuation of the contract relationship have no legal validity. Documents must be received by the other party to the contract in adequate time. Notices regarding the termination of the school contract must be signed by the Parent(s)/Guardian(s) and received by AV.
16.3. Should any provision contained in this contractual relationship prove or subsequently become either partially or totally invalid, this shall not affect the validity of the remaining provisions. New provisions corresponding as closely as possible in legal and financial terms to the wishes of the parties as expressed in the General Terms and Conditions as well as in any other contracts and/or written agreements shall be provided to replace any invalid provisions or remedy any omissions.
16.4. Deliveries of AV to the Student and/or the Parent(s)/Guardian(s) shall be made with legal effect to the address last made known to AV until the school is notified of a new address in writing. The Parent(s)/Guardian(s) hereby mutually authorise each other to receive all deliveries, declarations, and communications of AV as well as to execute any kind of declarations towards AV in connection with this contractual relationship.
16.5. The Parent(s)/Guardian(s) and the Student hereby consent to the processing and use of personal data of Parent(s)/Guardian(s) and the Student, such as names, titles, postal address/es, email address/es, telephone number/s, bank account details, by AV for any and all school and, if applicable, boarding purposes, medical purposes, administrative procedures at Austrian public authorities as well as for any internal and external accounting procedures and for any marketing and advertisement of AV. AV is further entitled to transmit any of such personal data to other members of the Nobel Education Network that AV constitutes a part of.
16.6. AV reserves the right to change the General Terms and Conditions, if deemed necessary. Changes will be notified to the Parent(s)/Guardian(s) with School Fees schedule for the following year. By the payment of School Fees the Parent(s)/Guardian(s) declare their consent to the changes.
16.7. AV in this contractual relationship stands for its operating company THEMES VIENNA LIMITED & Co KG, Bastiengasse 36-38, 1180 Vienna, Austria, telephone +43 1 470 30 37 00, email email@example.com, or the latter’s legal successor.
Vienna, October 2016
AMADEUS VIENNA – WHERE EXCELLENCE MEETS PASSION
INTERNATIONAL SCHOOL – MUSIC & THE ARTS – SUPERIOR BOARDING
Bastiengasse 36-38 | 1180 Vienna | Austria
+43 1 470 30 37 00 | firstname.lastname@example.org | www.amadeus-vienna.com