General terms and conditions
General terms and conditions for attending certificate programs, courses and seminars of WU Executive Academy (as of: November 2008).
All legal transactions concerning the attending of certificate programs, courses and seminars between the Vienna University of Economics and Business (WU), WU Executive Academy, Nordbergstraße 15, 1090 Vienna, and its contract partners are based on these general terms and conditions in their respective valid version. With regards to the individual certificate programs, courses and seminars, the rights and duties of the contracting parties are defined more precisely by the content of any program or event information or any other notification by the WU (regulations, newsletter etc., which are published on the website of WU or the website of the WU Executive Academy).
I. Applications, admission procedure and contract conclusion
I.1. Certificate programs and courses
The application, which is binding for the whole certificate program or course, is made in writing with the application form provided by the WU Executive Academy and is, if provided for, checked in accordance with the admission requirement of the respective certificate program or course (e.g. completed Austrian or equivalent course of studies, minimum number of years work experience, proof of good knowledge of foreign languages, completion of an application interview). The application is binding with a signed signature on the application form. A right to participation does not arise from this.
Unless noted otherwise in the specific program or event information, the applications are considered in the order they arrive. Certificate programs and courses have a limited number of places. The WU Executive Academy (or the respective Academic director) has in accordance with the by-laws the task and duty of assessing not only whether the applicants fulfill the formal admission requirements, but also assessing their personal and technical suitability. Therefore the WU Executive Academy (or the Academic Director) retains the right to make a selection according to the qualification of the applicants, if the number of applications should be greater than the number of available places or the appropriate didactic balance of the participants requires this.
Only after a positive review of the admission requirements and after selection by the Academic Directors of the certificate program is the application accepted with an “admission letter” in writing on the part of the WU Executive Academy. If the admission requirements are not met a rejection is provided in writing.
I.2. Seminars
The application, which is binding for the whole seminar, is made in writing with the application form provided by the WU Executive Academy. The application is binding with a signed signature on the application form. This does not provide a right to participation.
Applications made per homepage or e-mail are binding without signature of the participant. In this case, a right to participation is only provided after written confirmation by the WU Executive Academy.
Unless noted otherwise in the specific program or event information, the applications are considered in the order they arrive.
II. Tuition fee, services and place of fulfillment
II.1. Certificate programs and courses
II.1.1 Tuition fee
With the communication concerning the acceptance of the applicant an administrative fee in the sum of € 100.00 (Professional MBA) or € 200.00 (Executive MBA) is due for payment, which does not count towards the tuition fee and is not refunded.
In the case that not all of the courses prescribed in the respective valid curriculum have been successfully completed by the end of the current program, it is possible to repeat the missing examinations or courses in the following program. Attendance of courses in the following program however is only possible subject to available places and prior application. In any case for the attendance of the course(s) which have not been passed the tuition fee, which is current at that time, is therefore incurred in aliquot amount and will be charged to the student.
If upon completion of the following program not all of the courses prescribed in the curriculum have been passed, attendance of courses is with costs. For attendance of the courses which have not yet been passed the tuition fee which is current at that time is therefore incurred in aliquot amount - plus a surcharge of 25% of this aliquot fee.
If the course is not completed within 5 years from the start of the extraordinary studies, the right to take the missing examinations expires.
II.1.2 Awarding of the academic degree/title
The academic degree/title or the certificate is only awarded after the whole fee for the course has been paid and if the participant has attended at least 80% of the whole course.
II.2. Study documents and other services of the WU Executive Academy
Included in the tuition fee are the study documents which would normally be expected (e.g. lecture notes, presentation handouts and cases). The study documents are provided electronically to the participants where possible. This electronic learning material is intended solely for personal use and may not be published, distributed or passed on to a third party. For use of the WU Powernet username for access to WU platforms and services, the “Benutzungsordnung” (terms of use), in particular § 6 Rights and duties, applies: “The user is responsible for complying with the authorization of use and observing the “Betriebs- und Benutzungsordnung“ (university rules and terms of use). The handing on of passwords to other persons is not permitted. Passwords are without exception to be kept secret and changed at short intervals….” The complete version of the “Benutzungsordnung” (terms of use) is available on the WU website at: http://www.wu.ac.at/zid/information/rechtl/ord.
The support program and catering represent a voluntary additional service provided by the WU Executive Academy. Not included in the tuition fee and in the seminar fee are the participant’s travel, accommodation, catering and insurance costs and other outlays.
II.3 Place of fulfillment
Unless quoted otherwise in the respective program or course information, the place of fulfillment is Vienna, Austria.
III. Communication between WU Executive Academy, participants and referees
The information between WU Executive Academy, referees, faculty and participants is exchanged as far as possible via e-mail. The participant is obliged for the duration of the certificate program, course or seminar to have an e-mail account so that information and documents etc. can be sent and to access the e-mails regularly. The WU Executive Academy is not liable for damages or expenses which arise as a result of the participant not accessing this information. If it is not possible for the participant to have such an account, it is his responsibility to obtain this information by other means.
IV. Termination, withdrawal and cancellation conditions
IV.1. Certificate program courses and courses
Withdrawal from an application (cancellation) can only be made in writing. It is recommended that this is in the form of registered mail. Participants can declare their withdrawal up to 8 weeks before the start of the certificate program or course, without having to pay a tuition fee, apart from the administrative fee in the amount of € 100.00 or € 200.00 (see item II.1.1). The administrative fee is forfeit upon cancellation.
If cancellation (in writing) is later than 8 weeks before the start of the certificate program or course, 40% of the tuition fee is to be paid as a cancellation fee. If cancellation is after the start of the certificate program or course the whole tuition fee (100%) is to be paid. The cancellation fee is not applicable if a replacement participant who meets the corresponding admissions criteria, subject to the WU Executive Academy’s (or the respective course/branch of study leader’s) authorization to rank and select, can be admitted by the WU and the payments are made completely by the replacement participant. Until this time the person who has withdrawn is liable for the whole amount alongside the replacement participant.
IV.2. Seminars
Withdrawal from an application (cancellation) can only be made in writing. It is recommended that this is in the form of registered mail. Participants and ordering parties can withdraw up to 3 weeks before the start of the seminar.
If cancellation (in writing) is later than 3 weeks before the start of the seminar, 40% of the seminar fee is to be paid as a cancellation fee. If withdrawal is after the start of the seminar the WU Executive Academy retains the right to the whole fee (100%). The cancellation fee is not applicable if a replacement participant who meets the corresponding seminar criteria can be admitted by the WU and the payments are made completely by the replacement participant. Until this time the person who has withdrawn is liable for the whole amount alongside the replacement participant.
IV.3. Termination
If withdrawal is after the start of the certificate program, course or seminar the WU Executive Academy retains the right to the whole tuition fee (100%). It is not possible to admit a replacement participant after the start of the certificate program, course or seminar.
The whole booked certificate program, course or the whole booked seminar represents an undividable unit, which is only meaningful upon full completion. Moreover it is also necessary for the WU Executive Academy to obtain the whole payment from the participants during the duration of the certificate program, course or seminar, in order to ensure the necessary interaction between the participants, group work etc. It is therefore not possible to terminate a contract with duration of longer than two years. If the participant is a consumer however in terms of the KSchG (employment protection law), in accordance with § 15 para. 2 of the KSchG the consumer can terminate for the first time subject to a six-month period before the end of the second year, and subsequently subject to the same period before the end of a half year in each case.
IV.4. Long-distance transactions
If the participant is a consumer in terms of the KSchG (employment protection law), and the contract was concluded exclusively by using one or more means of long-distance communication in terms of § 5a of the KSchG, then the participant has a right to withdraw within a period of seven working days (Monday to Friday) from the day the contract was concluded. It is sufficient if the withdrawal is sent within the withdrawal period.
IV.5. General
Cancellations are only effective if they are made in writing, with the form of registered mail recommended; for observance of the deadline the date of arrival at the WU Executive Academy is decisive.
The WU Executive Academy retains the right to cancel a certificate program, course or a seminar due to compelling or other reasons, in particular due to the minimum number of participants not being reached. If such a cancellation is made up to seven days before the start of the certificate program, course or seminar, participants have no rights to damages or other compensation. In the case of a cancellation less than seven days before the start, the WU Executive Academy is not liable for the travel and accommodation costs which have been laid out.
Cancellation fees are not to be paid if there is a cancellation by the WU Executive Academy. Tuition fees and seminar fees which have already been paid are refunded by the WU Executive Academy without deductions.
V. Payment terms, default, interest
The payment of the certificate program fee, tuition fee or seminar fee is to be paid in principle within 14 days, calculated from the date of the rendering of invoice, due without deductions (net cash without deductions). Discounts can only be granted within the scope of written agreements with the WU Executive Academy. The non-utilization of individual courses does not entitle a reduction of the invoice amount.
WU Executive Academy charges in Euros. The prices of the events which the WU Executive Academy itself offers, organizes and invoices, do not include any VAT as the WU as a university is exempt from VAT in accordance with § 6 para. 12 of the UStG (VAT law). Events which are offered with cooperation partners may include VAT.
When there is default of payment interest and processing, expenses are charged.
VI. Changes to the services
The range of services comprising certificate programs, courses and seminars is planned long term and is subject to constant quality monitoring. The assurance of quality requires continual adjustments. For this reason the WU Executive Academy retains the right to develop the curriculum or seminar program and to make small changes which do not change the character of the certificate program, course or seminar (e.g. change of event content, days, venues and dates, as well as lecturers, partners and class sizes). Such adaptations and any possible short-term changes do not entitle the participant to withdraw from the contract, to a reduction in the tuition fee or the seminar fee, or to compensation.
VII. Exclusion from participation
In order to ensure the goals of the event are achieved, the WU Executive Academy is entitled to exclude participants of certificate programs, courses or seminars due to important reasons (e.g. absence without excuse, willful disruption of the event, default of payment in spite of reminder and the granting of an extension in accordance with § 13 of the KSchG [employment protection law]) from further participation.
VIII. Liability
In the case of theft, loss or damage of objects brought along to events, in particular valuables and vehicles, the WU Executive Academy accepts no liability. Any misuse of software or hardware provided within the scope of a device-dependent certificate program, course or seminar can result in claims for compensation being made by the WU Executive Academy or third parties.
In addition the liability of the WU Executive Academy for damage in cases of slight negligence and force majeure is excluded. With consumers this exclusion only relates to damage caused by slight negligence.
IX. Data protection
IX.1. General
The participant notes that the personal data accrued with the initiation and processing of the certificate program, course or seminar is used automatically by the WU Executive Academy to fulfill its contract. Furthermore the participant declares with his application to be in agreement that his name, telephone number and e-mail data are forwarded for the administration of the certificate program, course or seminar and to facilitate the internal communication to fellow students, lecturers, persons of the WU entrusted with the organization of the course (study and examination department), those cooperation partners of the WU Executive Academy who are taking part in certificate program or course booked by the participant, the relevant accreditation bodies (e.g. EQUIS, FIBAA, AMBA), and to the WU Alumni Club (exclusively for graduates of the certificate programs and for the purpose of sending the magazine “Alumni News”). Furthermore the WU Executive Academy allows itself to send participants information about offers from the WU Executive Academy by post or by e-mail after a certificate program, course or seminar has been completed.
On the website of the WU Executive Academy (http://www.executiveacademy.at) the Google Analytics, a tool for analyses of Google Inc. („Google“) is integrated. Detailed information about this service is available on the google website: http://www.google.com/intl/en_ALL/privacy.html
The participant can also cancel this consent. All personal details of the participant are treated as strictly confidential and are in principle not forwarded to third parties (with the exception of those mentioned above). Our DVR no. (number in the data processing register) is 0012343.
IX.2. Film and photo rights
The photos provided by the participant with the application form are stored electronically and used for the purpose of organizing the certificate program, course or seminar (e.g. for the Students Welcome Guide, Faculty Welcome Guide, Students Year Book and closed classes as part of Learn@WU). The participant consents with his application to a certificate program, course or seminar to the use of his photo for this purpose.
The participant is expressly in agreement that during the course of his participation, photos, film and sound recordings are produced and published in the internet as well as other image and sound carriers (DVD, VHS), which serve information purposes concerning certificate programs, courses and other activities of the WU Executive Academy. The participant is not entitled to payment for these publications.
X. Miscellaneous
The participant has to notify any changes to his name, address and invoice address immediately in writing to the WU Executive Academy. If a change is not notified, the correspondence with the participant is considered to have been received if it has been sent to the last notified address or invoice address. The participants are obliged to cooperate with information surveys relating to the accreditation of a certificate program or course.
XI. Place of jurisdiction and effectiveness
The place of jurisdiction for all disputes arising from the contracts concluded between the WU Executive Academy and its contract partners is Vienna. The place of jurisdiction for complaints against a consumer conforms to the consumer’s place of residence, habitual residence or place of employment in Austria in accordance with § 14 of the KSchG (employment protection law).
Austrian law shall apply.
These general terms and conditions come into effect with 1st November 2008.
Subject to errors and typing errors.
Contact address
WU Executive Academy
WU Wirtschaftsuniversität Wien
Nordbergstraße 15
1090 Vienna, Austria
Phone: +43-1-313 36-4816
E-mail: executiveacademy@wu.ac.at
For easier readability only the masculine form has been used. This applies however both to the female and male gender.
