General Terms and Conditions - GTC

These General Terms and Conditions apply to all courses/programmes provided by the IBAW. Valid from January 2022.

1. Scope of application
These General Terms and Conditions (hereinafter “GTC”) apply to all registrations made and contracts concluded via the ibaw.ch website or at the desk of an IBAW Centre of Miduca AG, Limmatstrasse 152, 8005 Zurich (hereinafter “IBAW”).

2. Course and programme organisation
For organisational reasons, we reserve the right to postpone or combine classes, change the venue or shorten courses and offer a percentage refund of tuition fees. If lecturers are absent, the IBAW can change lecturers or appoint a substitute. The IBAW reserves the right to convert classroom-based instruction to distance learning under the same conditions if classroom-based instruction cannot be delivered, e.g. due to force majeure or other reasons.

3. Places on courses and programmes
In order to be able to run the courses and study programmes under best possible conditions, the IBAW sets a minimum and a maximum number of participants, which can be adjusted if necessary. Places on courses/programmes are allocated in order of registration (subject to timely payment).
If there are insufficient numbers, the course/programme will usually not be held and the tuition fees will either be waived or refunded. The IBAW further reserves the right to cancel courses or study programmes due to other reasons for which the IBAW is not responsible. Tuition fees already paid will be refunded. Further claims by participants, in particular claims for damages in the event of changes to or cancellation of a course or degree programme, are expressly excluded. If a course/programme is under-subscribed, we may in individual cases run the course subject to the agreement of course/programme participants, but increase the tuition fees accordingly or, where appropriate, reduce the number of sessions for the same price.

4. Exclusion from a course/programme
The Institute reserves the right to exclude one or more participants from a course for good cause. In the following cases, full tuition fees will still be due, i.e. there is neither a proportional refund nor a waiver of the tuition fees: Exclusion due to non-payment of tuition fees and in serious cases (defamation, harassment, wilful damage to property, etc.).

5. Registering, cancelling and the payment of fees
Each registration is binding and obliges participants to pay the appropriate fees. The prices are in Swiss francs, including value added tax (VAT). Non-payment of fees does not count as a cancellation. Having registered for a course/programme, participants receive written confirmation from the IBAW together with binding instructions for payment.
The term of the contract depends on the course/programme booked and is limited. Depending on the time of the cancellation, the IBAW may waive the tuition fee in whole or in part according to the regulations below.

For courses or programmes of study up to CHF 1,000:
Registrations cancelled up to one week before the start of the course/programme, tuition fees are waived and/or refunded, subject to an administration fee of CHF 30. Programmes can be cancelled by e-mail or by telephone. Tuition fees must be paid in full for cancellations made less than one week before the start of a course/programme.

For courses/programmes of study over CHF 1,000:
In this case, the IBAW requires the cancellation by post (the date of receipt is the postmark) or by e-mail. Waivers and/or refunds of tuition fees are regulated as follows:

Cancellation date:                                                                                                     Cancellation fee:
Up to 45 calendar days before the start of the course/programme:           CHF 100 administration fee
From 44 to 22 calendar days before the start of the course/programme: 10 % of the tuition fee
From 21 to 15 calendar days before the start of the course/programme:  30 % of the tuition fee
From 14 to 8 calendar days before the start of the course/programme:     50 % of the participation fee
From 7 calendar days before the start of the course/programme:               No waiver or refund of the fee.

The IBAW reserves the right to charge claims made by third parties for accommodation, meals, travel, etc., plus a cancellation fee.
Digital licences (e.g. e-books, platform access, etc.) will not be refunded once the access code has been delivered.

6. Fees in the absence of admission to a degree programme/examination
Conditional admissions to a degree programme are possible. If the requirements have still not been met at a later date, tuition fees are due until the date of withdrawal from the programme.

Confirmation of admission to external examinations (federal diploma/degree) must be obtained from the relevant examination provider and is the responsibility of the participant. If a the participant attends a programme of study preparing for a federal examination, the tuition fee is due irrespective of whether admission to the examination is granted or not.

7. Part payments
Part payments are possible upon request of the participant, against payment of a variable administration fee, depending on the value of the tuition fee.
Administration fees:

Tuition fees from (CHF) up to (CHF) Administration fee (CHF)
1.- 999.- 50.-
1,000.- 2,000.- 75.-
2,001.- 4,000.- 100.-
4,001.- 6,000.- 150.-
6,001.- 10,000.- 200.-
10,001.- 99,999.- 300.-

Administration fees are due together with the first part-payment.

8. Cantonal grants
As a rule, cantonal grants are awarded for degree courses at the advanced technical college (HE) level.

Participants are entitled to cantonal grants if they can prove that they have been resident in the same canton for an uninterrupted period of 24 months prior to the start of the programme and that they have been financially independent during the same period without being in education at that time. A correctly completed personal data sheet as well as the confirmation(s) of residence required as proof must be submitted to the IBAW no later than by the start of the programme. Documents submitted too late may result in the loss of the cantonal grant and will therefore be at the participant’s expense.

The amount of the cantonal grant is defined by the federal government every 2 years and may vary during the training period. This may result in a subsequent (positive or negative) change in the tuition fees to be paid.

9. Non-attended lessons
Sessions not attended cannot be made up and will not be refunded.

10. Confirmation of participation
If requested and after at least 80 percent of the course/programme sessions have been attended, we will be happy to issue a written confirmation of your participation or enter your attendance in the education pass of the Swiss Association for Further Education (SVEB). This may take up to one year to complete. Deviating regulations are expressly reserved.

11. Exclusion of liability and insurance
For all seminars or study courses/programmes and events organised by the IBAW, the IBAW excludes any liability for damage incurred. Participants are responsible for ensuring that they have sufficient insurance cover. Use of the IBAW facilities is at participants’ own risk. The IBAW cannot be held liable for theft or loss of items or for any unforeseen event (e.g. absence of lecturers).
Participants are obliged to comply with the current official directives (e.g. hygiene regulations) and the directives of the IBAW while on the premises of the IBAW. Participants showing symptoms of illness, suspected infection with transmissible pathogens and/or a quarantine (official or self-imposed) are not permitted to visit IBAW premises (including partners, external workshops and premises leased to other companies). The risk of infection cannot be completely ruled out even if hygiene regulations are observed. The IBAW excludes any liability in this regard.
The participant does not any rights regarding the non-achievement of learning objectives/success, in particular cannot claim any refund of tuition fees.

Participants are not entitled to any claims should ongoing procedures for the accreditation of study programmes for federal recognition by SERI (State Secretariat for Education, Research and Innovation) not be completed successfully or be delayed.

12. Data protection
The processing of personal data in connection with courses/programmes at the IBAW is subject to the privacy policy of the Migros Group. This privacy policy explains how Migros handles personal data in connection with IBAW courses/programmes, among other things, and in particular contains information on what personal data is processed for, how it is passed on within the Migros Group and what rights data subjects have with regard to their personal data. The privacy policy is available online, currently at migros.ch/de/datenschutz.html. By registering, participants accepts the processing of their personal data in line with the privacy policy.

The IBAW and its affiliated companies in the Migros Group send the participant information and offers from themselves, from other companies in the Migros Group and from partner companies, e.g. in the form of emails and advertising brochures. By registering, the participant agrees that such information can also be transmitted electronically.

These messages and their dispatch can also be personalised in order to send the participant the information that is likely to be of interest to him/her. This applies in particular to IBAW courses/programmes seminars or study programmes of the IBAW, which are personalised services and part of the IBAW courses/programmes within the framework of these GTCs. In order to offer the participant as personal a user experience as possible, the IBAW can evaluate behavioural and transactional data together with existing personal data. Further information on this profiling and the rights of the participant can also be found in the Migros privacy policy.

13. Video and audio recordings
Video or audio recordings may only be made on the premises of the IBAW and in online lessons given the express consent of the IBAW and the participants.

14. Changes to the course/programme, prices and GTCs
The IBAW reserves the right to change the programme, prices and the GTCs at any time. The version in force at the time of registration shall apply in each case and may not be unilaterally amended for the purpose of concluding this contract.

15. Severability clause
Should any provision of these GTCs be invalid or incomplete or should performance become impossible, this shall not affect the validity of the remaining parts. In such a case, the invalid provision shall be replaced by an admissible, effective provision by which the intended purpose of the contract can be legally achieved and which, with regard to its content, comes closest to the original intention. The same applies in the event of any gap.

16. Applicable law and legal venue
All legal relations with the IBAW shall be governed by Swiss substantive law, to the full exclusion of the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.

The exclusive place of jurisdiction for all disputes arising from or in connection with these GTCs and the courses/programmes is Zurich, Switzerland.