GENERAL TERMS AND CONDITIONS OF SALE

ARTICLE 1 - Scope of Application

These General Terms and Conditions of Sale apply, without restriction or reservation, to all purchases of language training services (hereinafter the "Services") offered by ISE SAS (hereinafter the "Provider") to consumers and non-professional customers (hereinafter the "Customer" or "Customers") on its website https://www.berlitz.com/en-fr.

The Customer is required to read these terms and conditions before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer.

These terms and conditions apply to the exclusion of all other terms and conditions, in particular those applicable to other Service marketing channels.

They may be supplemented by special conditions set out on the website prior to any transaction with the Customer.

These General Terms and Conditions of Sale are accessible at all times on the website and will prevail, where applicable, over any other version or any other contradictory document.

In the absence of proof to the contrary, the data recorded in the service provider's computer system constitutes proof of all transactions entered into with the Customer.

The Customer declares that he/she is aware of these General Terms and Conditions of Sale and has accepted them before implementing the online ordering procedure, as well as the general terms and conditions of use of the https://www.berlitz.com/en-fr website.

Validation of the order for Services by the Customer implies unreserved acceptance of these General Terms and Conditions of Sale.

The Customer acknowledges having the capacity required to contract and purchase the Services offered on the https://www.berlitz.com/en-fr website.

As these General Terms and Conditions of Sale may be subject to subsequent amendment, the version applicable to the Customer's purchase is that in force on the website on the date the order is placed.

The Services presented on the website https://www.berlitz.com/en-fr are offered for sale in the following territories:

  • France as a whole.

Customs duties or other local taxes or import duties or state taxes may be payable. The Customer shall be solely responsible for and liable for these.

ARTICLE 2 - Orders

The Customer selects the services he/she wishes to order on the site, as follows:

  • a dedicated web page presenting the content and terms and conditions of the various training courses on offer;
  • the Customer selects the item(s) they are interested in, validates their basket and then fills in the information concerning them to confirm the order: contact details, billing address, etc;
  • the Customer selects the method of payment by credit card, revises the payment (products selected, quantities, prices) reads and accepts the General Terms and Conditions of Sale and Use, as well as the Refund Policy, then clicks on "confirm payment".

The contractual information is presented in French and is confirmed at the latest when the Customer confirms the order.

An order is registered on the Service Provider's website when the Customer accepts these General Terms and Conditions of Sale by ticking the appropriate box and validates the order. The Customer has the opportunity to check the details of their order, its total price and to correct any errors before confirming their acceptance (article 1127-2 of the French Civil Code). This validation implies acceptance of these General Terms and Conditions of Sale in their entirety and constitutes proof of the sales contract.

It is therefore the Customer's responsibility to check the accuracy of the order and to report any errors immediately.

The sale of Services will only be considered final once the Service Provider has sent the Customer confirmation of acceptance of the order by e-mail and once the Service Provider has received payment in full.

Any order placed on the website https://www.berlitz.com/en-fr constitutes the formation of a distance contract between the Customer and the Service Provider.

ISE SAS reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

ARTICLE 3 - Prices

The Services offered by the Provider are provided at the prices in force on the website https://www.berlitz.com/en-fr, at the time the order is registered by the Provider. Prices are expressed in Euros and include VAT.

Prices take into account any discounts that may be granted by the Service Provider under the conditions specified on the https://www.berlitz.com/en-fr website.

These prices are firm and non-revisable during their period of validity, as indicated on the website https://www.berlitz.com/en-fr, the Service Provider reserving the right, outside this period of validity, to change prices at any time.

These prices include processing and administration costs.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is drawn up by the Service Provider and given to the Customer when the Services ordered are provided.

ARTICLE 4 - Terms of payment

The price is payable in cash, in full, on the day the order is placed by the Customer, by means of secure payment by bank card: Credit Card, Visa, MasterCard, American Express, other bank cards.

The terms and conditions of orders are specified in the "Orders" article above.

Payment by bank card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums.

Payment data is exchanged in encrypted mode using SSL protocol.

The Service Provider shall not be obliged to provide the Services ordered by the Customer if the price has not first been paid in full in accordance with the above conditions.

Payments made by the Customer shall not be deemed final until the amounts due have been received by the Service Provider.

The Service Provider reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the provision of the Services ordered by the Customer and/or to suspend the performance of its obligations.

The Customer may not be billed for any additional costs in excess of those incurred by the Service Provider for the use of a means of payment.

ARTICLE 5 - Provision of Services

The Services ordered by the Customer, which include the language training services chosen, will be provided in accordance with the following terms and conditions: the services are planned and carried out between the Customer and the Provider on a face-to-face or remote basis, depending on the availability of the Customer and the trainer, within a maximum period of one (1) year from the final validation of the Customer's order, in accordance with the conditions set out in these General Terms and Conditions of Sale, supplemented by the internal regulations listed above. The Customer undertakes to comply with said internal rules.

The Service Provider undertakes to use its best endeavours to provide the Services ordered by the Customer, on a best endeavours basis and within the timescales specified above. It should be noted that there is a maximum training period from the date on which the training is launched for the following products:

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If the services ordered have not been provided within one (1) year after the indicative date specified above, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in articles L 216-2 L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen (14) days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.

The Provider is identified as follows:

  • Name - Denomination: ISE SAS
  • Corporate form: Simplified joint stock company,
  • Share capital: 10,000.00 euros,
  • Registered office: 24 rue de Clichy 75009 PARIS
  • Registration number: 914 640 321 R.C.S PARIS

In the absence of reservations or complaints expressly made by the Customer upon receipt of the Services, the latter shall be deemed to comply with the order, in terms of quantity and quality.

The Customer shall have a period of fifteen (15) days from the provision of the Services in which to express such reservations or complaints in writing to the Service Provider, together with all supporting documentation.

No claim will be validly accepted if the Customer fails to comply with these formalities and deadlines.

The Service Provider will reimburse or rectify the Customer (where possible) as soon as possible and at its own expense, in accordance with the appropriate terms and conditions agreed by the Customer, the Services whose lack of conformity has been duly proven by the Customer.

ARTICLE 6 - Right of withdrawal

The Customer has, in accordance with the law, a withdrawal period of fourteen (14) days from the date of conclusion of the contract to exercise his right of withdrawal from the Service Provider and cancel his order, without having to give any reason or pay any penalty, for the purpose of reimbursement, unless performance of the Services has begun, with the express agreement of the Customer, before the end of the withdrawal period, in particular: audit/level test carried out by telephone or online, or provision of a first hour of lessons.

The right of withdrawal may be exercised by sending the completed withdrawal form by e-mail to contact@berlitz-paris.fr, enclosing a bank details details slip.

An acknowledgement of receipt will be sent to the Customer by the Service Provider within twenty-four (24) hours on a working day.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Services ordered will be reimbursed.

The sums actually paid by the Customer will be reimbursed within a maximum of 14 days from receipt by the Service Provider of notification of the Customer's withdrawal and receipt of the Customer's bank details.

ARTICLE 7 - Postponement of performance due to the Customer / Absence

Except in duly justified cases of force majeure, the cancellation or postponement of lessons by the Customer and/or the Beneficiary must be made within the following deadlines:

  • Face-to-face/visio" language training course: within forty-eight (48) hours working days;
  • Face-to-face/visio" intercultural training course: within ten (10) working days.
  • 100% visio - BLO / Flex" courses (online courses): 24 hours before the course.
  • Telephone courses: six (6) hours before the start of the course

No postponements are possible for group courses, "Total Immersion" courses, intensive and semi-intensive courses.

Courses that are cancelled without respecting the notice period will remain due and will be considered as having been completed.

ARTICLE 8 - Customer commitment

The Customer undertakes to return the attendance sheets or any type of attendance and training certificate within two (2) working days following the first dispatch of said certificates.

ARTICLE 9 - Liability of the Provider - Guarantee

The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Customer against any lack of conformity or latent defect resulting from a design or production fault in the Services ordered under the terms and conditions defined in the appendix to these General Terms and Conditions of Sale.

In order to assert its rights, the Customer must inform the Service Provider, in writing, of the existence of the defects or lack of conformity within a maximum period of fourteen (14) days from the provision of the Services.

The Service Provider will reimburse or rectify or have rectified (where possible) the services deemed defective as soon as possible and no later than fourteen (14) days following the Service Provider's discovery of the defect or fault. Reimbursement will be made by crediting the Customer's bank account or by cheque sent to the Customer.

The Service Provider's guarantee is limited to the reimbursement of the Services actually paid by the Customer and the Service Provider shall not be held liable or in default for any delay or non-performance resulting from the occurrence of an event of force majeure as usually recognised by French case law.

The Services provided via the Provider's https://www.berlitz.com/en-fr website comply with the regulations in force in France. The Service Provider may not be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for the choice of Services requested, to check.

ARTICLE 10 - Protection of personal data

Pursuant to Act 78-17 of 6 January 1978, as amended by Act no. 2018-493 of 20 June 2018, it should be noted that the personal data requested from the Customer is required to process the Customer's order and to draw up invoices, in particular.

This data may be communicated to any of the Vendor's partners responsible for executing, processing, managing and paying for orders.

The processing of information communicated via the https://www.berlitz.com/en-fr website complies with the legal requirements relating to the protection of personal data, and the information system used ensures optimum protection of such data.

In accordance with current national and European regulations, Customers have the right to access, rectify, delete, port and limit the processing of data concerning them. They also have the right to object to the processing of data concerning them.

This right may be exercised by contacting our DPO at the following address: contact@berlitz-paris.fr or at the following postal address: ISE SAS 24 rue de Clichy 75009 PARIS.

For more information on the processing of personal data by Berlitz France Licorne, the Client is invited to consult the privacy policy at the following address: https://www.berlitz.com/en-fr/privacy-policy

ARTICLE 11 - Intellectual property

The content of the https://www.berlitz.com/en-fr website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 12 - Unforeseen circumstances

In the event of a change in circumstances that could not have been foreseen when the contract was concluded, in accordance with the provisions of article 1195 of the French Civil Code, the Party that has not agreed to assume the risk of excessively onerous performance may ask its co-contractor to renegotiate the contract.

ARTICLE 13 - Force majeure

The Parties may not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, arises from a case of force majeure, within the meaning of article 1218 of the French Civil Code.

ARTICLE 14 - Applicable law - Language

These General Terms and Conditions of Sale and the transactions arising from them are governed by French law.

They are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 15 - Disputes

All disputes to which the purchase and sale transactions concluded in application of these general terms and conditions of sale may give rise, concerning their validity, interpretation, performance, termination, consequences and consequences, and which cannot be resolved between the vendor and the customer, will be submitted to the competent courts under the conditions of common law.

The Customer is hereby informed that he/she may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or with the existing sectoral mediation bodies, the references of which appear on the website www.berlitz.com/fr-fr, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

If the customer finds that there has been a breach of the General Regulation on the Protection of Personal Data, he/she may appoint an association or a body mentioned in IV of article 43 ter of the 1978 Data Protection Act, in order to obtain compensation from the data controller or subcontractor before a civil or administrative court or before the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés).

ARTICLE 16 - Pre-contractual information - Customer acceptance

The Customer acknowledges that, prior to placing his/her order and entering into the contract, he/she has been provided, in a legible and comprehensible manner, with these General Terms and Conditions of Sale and with all the information listed in article L. 221-5 of the French Consumer Code, and in particular with the following information:

  • the essential characteristics of the Services, taking into account the communication medium used and the Service concerned ;
  • the price of the Services and (delivery, for example) ;
  • in the absence of immediate performance of the contract, the date or deadline by which the Service Provider undertakes to provide the Services ordered;
  • information relating to the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, if this is not apparent from the context,
  • information relating to legal and contractual guarantees and their implementation procedures;
  • the functionalities of the digital content and, where applicable, its interoperability;
  • the possibility of recourse to conventional mediation in the event of a dispute;
  • information on the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and standard withdrawal form), cancellation procedures and other important contractual conditions;
  • the means of payment accepted.

The fact that an individual (or legal entity) places an order on the https://www.berlitz.com/en-fr website implies full and unreserved acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Services ordered, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document that would be unenforceable against the Service Provider.

RULES AND REGULATIONS APPLICABLE TO BERLITZ__ TRAINING COURSES

Drawn up in accordance with Articles L. 6352-3, L. 6352-4 and R. 6352-1 to R. 6352-15 of the French Labour Code.

Purpose and scope of application

The present regulations apply to all persons taking part in a training course organised by BERLITZ and a copy will be sent to each trainee at the latest the day before the start of the training course by e-mail, or to the person in charge of training at the client company, and, if this electronic transmission is impossible, it will be given during the first lesson. Trainees must confirm that they have read and understood these internal rules by writing on the sign-in sheet. The internal rules define the mandatory rules relating to health and safety, general discipline, intellectual property, as well as the nature and scale of sanctions that may be taken against trainees who do not comply and the procedural guarantees applicable when a sanction is envisaged. These internal rules are also displayed at the reception and/or in the relaxation area of each Berlitz France centre. Throughout the training course, trainees must comply with the terms of these internal rules. These internal regulations are systematically sent to parents as an appendix to the financial proposal when the training is intended for minors (BERLITZ KIDS & TEENS), whose attention is particularly drawn to articles 2 to 10 below.

Health and safety rules

Article 1 - General principles

The prevention of accidents and illness is imperative and requires everyone to comply fully with all applicable health and safety regulations.

The general and specific safety instructions in force at the BERLITZ centre must be strictly complied with, failing which disciplinary action will be taken:

  • the applicable health and safety regulations in force on the premises where the training takes place; An Anti-Covid Protocol is set up with the help of a Business Continuity Plan that can be consulted in each centre.
  • any instructions imposed either by the management of the training organisation or by the person in charge of the premises, particularly with regard to the use of the equipment made available.

All trainees must ensure their own personal safety and that of others by complying with the general and specific health and safety instructions applicable to their course.

If they notice a malfunction in the safety system, they must immediately inform the management of the training organisation.

Article 2 - Fire instructions

Fire instructions and, in particular, a map showing the location of fire extinguishers and emergency exits are displayed on the premises of the BERLITZ centre or the host company. In the event of an alarm, trainees must cease all training activities and calmly follow the instructions of the company's authorised representative or the emergency services. Any trainee who witnesses the start of a fire must immediately call the emergency services by dialling 18 from a landline or 112 from a mobile phone and alert a representative of the training organisation.

Article 3 - Alcoholic drinks and drugs

The introduction or consumption of drugs or alcoholic beverages on the premises is strictly forbidden. It is forbidden for trainees to attend training courses under the influence of alcohol or drugs.

Article 4 - No smoking

It is formally forbidden to smoke in the training rooms and, more generally, within the company premises, and to smoke in all the Centre's premises, including balconies, patios and other areas, even if they are open or excluding any areas dedicated to the client company. The use of electronic cigarettes is not permitted.

Article 5 - Accident

Any trainee who is the victim of an accident - occurring during the training course or during the journey between the training site and his/her home or workplace - shall inform his/her management so that it can take the appropriate steps in terms of care and file a declaration with the relevant social security fund.

General discipline

Article 6 - Attendance by trainees

Article 6.1. - Training timetables

Trainees must strictly adhere to the timetables set and communicated in advance of the training course. Failure to respect these times may result in sanctions. Trainees may not be absent during training hours, except in exceptional circumstances and with the agreement of the training manager.

Article 6.2. - Absences, lateness or early departure

In the event of absence, lateness or departure before the scheduled time, trainees must notify the training organisation and justify their reasons. The person in charge of the training will immediately inform the funder (employer, administration, Fongecif, Region, Pôle emploi, etc.).

Any event that is not justified by specific circumstances constitutes misconduct and may result in disciplinary action.

In addition, in accordance with article R. 6341-45 of the French Labour Code, the trainee - whose remuneration is paid by the public authorities - is liable to have his or her course fees deducted in proportion to the duration of his or her absence.

Article 6.3. Illness

Courses may be suspended in the event of the Trainee's illness, provided that a medical certificate is sent to the BERLITZ centre prior to any suspension. The student will nevertheless remain liable for the lessons scheduled within 48 hours of being informed of his/her absence due to illness.

Article 6.4. - formalities relating to training follow-up

The trainee must complete the attendance sheet as the course progresses. The trainee may be asked to carry out a review of the training and at the end of the training course, and will be given an end-of-training certificate, which the trainee will confirm has been received by making a note on the attendance sheet, and a certificate of attendance at the course to be sent, as appropriate, to his employer/administration or to the organisation funding the course.

As soon as possible, the trainee provides the training organisation with the documents that it is required to complete as a service provider (application for remuneration or reimbursement of training-related costs; registration or course entry certificates) and the documents that have enabled the trainer to assess the results of the course (assessment test, quizzes, multiple-choice questions, practical cases, self-assessment based on a job-specific reference framework, etc.). ), enabling the training organisation to draw up the end-of-course certificate which will be given to the trainee.

With regard to remuneration files, it is specified that the trainee is entirely responsible for the elements and documents that he/she gives to the Berlitz Centre and that he/she must justify the authenticity of these elements, which are his/her sole responsibility.

Article 7 - Access to training premises

Unless expressly authorised by the Management of the training organisation, the trainee may not :

  • enter or remain on the training premises for any purpose other than training,
  • introduce, cause to be introduced or facilitate the introduction of persons not belonging to the organisation,
  • sell goods or services on the premises.

Article 8 - Attire

Trainees are asked to come to the organisation in correct attire. Specific dress regulations may be issued and passed on to the trainee for training courses exposing the latter to particular risks due to the training area or the materials used.

Article 9 - General behaviour

All trainees are asked to behave in such a way as to ensure compliance with the basic rules of good manners and community behaviour, and to ensure that the training courses run smoothly. For example, mobile phones must be switched off before the start of the course and no food may be brought into the centre, although sandwiches are tolerated as long as the premises are kept clean.

Article 10 - Use of equipment

Unless specifically authorised by the management of the training organisation, training equipment may only be used on the training premises and exclusively for training purposes. The use of equipment for personal purposes is prohibited. Trainees are responsible for keeping the equipment entrusted to them for training in good condition. They must use it for its intended purpose and in accordance with the rules and instructions issued by the trainer. The trainee must immediately inform the trainer of any anomaly or malfunction of the equipment.

With regard to BERLITZ KIDS & TEENS trainees, parents are asked to ensure that their children are informed of the obligations listed above and to make them aware of the more general obligation of prudence which prohibits them from engaging in any action that could present a danger to others, such as, in particular, pushing, throwing any object through windows, failing to wipe up any liquid accidentally spilt on the floor.... For safety reasons, Berlitz prohibits minors from entering dangerous areas such as balconies, emergency exits, etc. ....

Parents should also make their children aware of the need for good manners in lessons and the need to show respect for the trainer, even if the latter is temporarily absent for work-related reasons.

Intellectual property rights

Article 11 - General principle

The trainee is not granted any intellectual property rights relating to the various materials provided to him/her by the trainer, which are the exclusive property of the Training Organisation, and, under these conditions, the trainee is prohibited from reproducing, representing, adapting and, more generally, exploiting in any form whatsoever any document or teaching aid or its content, even in part, which is provided to him/her during the course.

Article 12 - Teaching aids

The teaching aids given to the participants during the training courses are teaching aids developed or selected by the Training Organisation for the purposes of the training course. The copy of the teaching material that may be kept by the trainee at the end of the course may be freely consulted and used solely for his or her private personal needs, in compliance with the prohibitions set out in article 11.

Multimedia teaching materials (cassettes, videos, CDs, DVDs, CD-ROMs, etc.) made available to trainees who have not purchased them are the property of BERLITZ and may only be used within the framework of the training course and on the centre's premises. Any attempt to use the equipment without the express prior authorisation of the centre, or to make copies of it, will expose the trainee to one or more disciplinary sanctions and to legal proceedings.

Article 13 - E-Learning (distance learning)

By accessing the dedicated site, BERLITZ grants the trainee, who accepts it, a licence to open a training or consultation account for strictly personal use. The account is nominative and the trainee's IP address must be identified and identifiable. The connection records tracked by the e-learning platform are used to draw up attendance certificates in lieu of attendance sheets.

Trainee assessment takes the form of individual tests and/or checks after the e-learning sessions and/or a pedagogical report drawn up by the BERLITZ remote trainer.

At the end of the training course, the trainee will be sent an end-of-training certificate and a course attendance certificate to be sent, as appropriate, to his/her employer/administration or to the organisation financing the course. If a FAOD protocol is concluded between BERLITZ and a legal entity, the trainee will be asked to sign it.

Article 14. Data processing and freedom

Any information of a personal nature communicated by the trainee to the training organisation in application and in the execution of orders and/or sales may be subject to computer processing and may be communicated to the Service Provider's contractual partners for the purposes of said orders. In accordance with the French Data Protection Act of 6 January 1978, you have the right to access, rectify, delete, port and limit the processing of your personal data. You also have the right to object to the processing of your personal data. For any questions relating to data protection, trainees may contact the Berlitz France Licorne Data Protection Officer by e-mail at dpo@berlitz.fr.

Disciplinary measures

Article 15 - Disciplinary measures

Any failure by the Trainee to comply with any of the provisions of these internal regulations may result in a penalty being imposed by the head of the training organisation or his/her representative.

Depending on the nature and seriousness of the offence, any of the following sanctions may be imposed:

  • call to order ;
  • written warning from the Director of the training organisation or his representative;
  • reprimand ;
  • temporary exclusion from the course ;
  • permanent exclusion from the course.

Fines or other financial penalties are prohibited. The head of the training organisation or his representative will inform :

  • the employer of the trainee employee or the administration of the trainee agent - and/or the financer of the course of the sanction taken.

Article 16 - Disciplinary guarantees

Article 16.1. -Informing the trainee

No penalty may be imposed on a trainee without the latter having first been informed of the grounds on which it is based. However, where an act, considered to be wrongful, has made it essential to take the precautionary measure of temporary exclusion with immediate effect, no definitive sanction relating to this act may be taken without the trainee having first been informed of the complaints against him and, where applicable, the procedure described below having been followed.

Article 16.2. - Invitation to an interview

When the director of the training organisation or his representative is considering imposing a sanction: He will summon the trainee to an interview

  • by registered letter with acknowledgement of receipt or delivered personally to the person concerned against receipt
  • indicating the subject of the summons, the date, time and place of the interview and the possibility of being assisted by a trainee of his/her choice.

Article 16.3. - Possible assistance during the interview

During the interview, the trainee may be assisted by a person of his choice, in particular the course delegate. The Director or his representative will state the reason for the proposed sanction and will hear the trainee's explanations.

Article 16.4. - Imposition of the penalty

The penalty may not be imposed less than one clear day nor more than fifteen days after the interview. The trainee will be notified of the penalty in writing, stating the reasons, by registered letter or by delivery against receipt.

When the course is being followed under a training agreement, the Director of the BERLITZ Centre, or his representative, will inform the employer and, where applicable, the OPCO paying the training costs, of the penalty imposed. When the trainee is a minor, the Director of the BERLITZ Centre, or his representative, will inform the trainee's legal representative of the sanction taken.

BERLITZ