General Terms and Conditions – Sprachschule Aktiv Mannheim
§ 1 General scope of application
(1) These General Terms and Conditions (hereinafter: GTC) apply to all contracts concluded via our website www.sprachschule-aktiv-mannheim.de between us, the
Bohmeyer Weber Sprachschulen GbR
Q4,9
68161 Mannheim
Telephone: 0621/43638477
E-mail: info@sprachschule-aktiv-mannheim.de
and you as our customer.
(2) All agreements made between you and us in connection with our services result in particular from these contractual terms and conditions, our written order confirmation and our declaration of acceptance.
(3) The version of the General Terms and Conditions valid at the time of conclusion of the contract shall apply.
(4) We do not accept deviating terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion.
(5) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.
(6) The language available for the conclusion of the contract is exclusively German. Translations of these terms and conditions into other languages are for your information only. In the event of any differences between the language versions, the German text shall take precedence.
§ 2 Conclusion of the contract
(1) The presentation of the services on our website does not constitute a legally binding offer, but an invitation to order or book (invitatio ad offerendum).
(2) By clicking on the “Order for a fee” button in the last step of the booking process, you submit a binding offer to book the services shown in the order overview. Immediately after sending the order, you will receive an order confirmation, but this does not constitute acceptance of your contractual offer. A contract between you and us is concluded as soon as we accept your booking by means of a separate e-mail, which also contains our invoice (see § 8). Please check the SPAM folder of your e-mail inbox regularly.
§ 3 Technical steps up to the conclusion of the contract and correction of input errors
When booking a course, you first fill out the form provided for this purpose. There you can change the type of course, the level and the start of the course as well as other data at any time or remove selected services completely. You can correct your input errors (e.g. regarding payment method, dates) by clicking on the relevant field. If you wish to cancel the order process completely, you can also simply close your browser window. Otherwise, after clicking on the confirmation button “Order with costs”, your declaration becomes binding within the meaning of § 2 para. 2 of these GTC.
§ 4 Storage of the contract text
The contractual provisions with details of the services booked, including these General Terms and Conditions and the cancellation policy, will be sent to you by email upon acceptance of the contract offer or upon notification of this and can be accessed and saved by you in a reproducible form when the contract is concluded. The text of the contract is also stored by us.
§ 5 Right of withdrawal
Right of withdrawal for consumer contracts
A contract concluded between Sprachschule Aktiv Mannheim and you via the Internet for the provision of services is a distance selling contract within the meaning of § 312 c paragraph 1 BGB. The customer, who is a consumer in the sense of § 13 BGB, is entitled to a right of withdrawal according to §§ 312g, 355 BGB (consumer revocation in distance selling transactions). A consumer within the meaning of Section 13 BGB is any natural person who enters into a legal transaction for purposes which are predominantly outside his trade, business or profession. Further information on your right of withdrawal as a consumer can be found in the separate withdrawal policy. Cancellation instructions in text form will be sent to you by e-mail. You can use the withdrawal form to exercise your right of withdrawal.
If you have requested that the service should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract. In particular, you are obliged to compensate us for the value of any partial services already provided. These include, in particular, examination fees already incurred, similar expenses or teaching units already used.
§ 6 Course registration
(1) Bookings are only made in terms of course time or teaching units, not levels (cf. § 7 (2)).
(2) Language courses are booked for a predetermined period of time, in the case of private courses for a predetermined number of teaching units. If you are unable to attend agreed lesson dates or booked examination dates, you are not entitled to an alternative date or to a refund of part of the course fee or any examination fee already incurred.
(3) Telc exam registration
Registration for the examination is binding. The examination fees must be paid within five days of registration. The registration deadline for the examination is 15 working days before the examination date at the latest. A registration fee of € 15 is charged in addition to the examination fee.
§ 7 Start, duration and implementation of the courses
(1) A teaching unit lasts 45 minutes. There is no entitlement to a specific teacher. We reserve the right to swap and replace teachers during a course. There are no lessons on public holidays. These will not be made up and there is no entitlement to a pro rata refund.
(2) Level:
Participation in the language courses requires the appropriate language level as well as the technical requirements according to the course descriptions on our website. We assume no liability that a certain level will be reached at a certain time. We also do not guarantee that you will pass an exam. A refund of the course or examination fee for this reason is expressly excluded.
The actual level is determined on the basis of a certified placement test, which is always carried out at the beginning of the course (with the exception of A1.1). If the level determined differs from the level you have booked, we can place you in a course at the appropriate level. This placement does not give rise to any claims on your part, in particular a special right of termination is expressly excluded.
(3) You have the right to cancel the course after attending the first lesson at the beginning of the language course (trial lesson = 45 minutes) if the booked course level does not match your actual level and no course matching your actual level can be offered in the same month. If you decide to continue the course after the trial lesson, the trial lesson will be fully credited to the course quota.
(4) Special provisions for visa courses
a) You are obliged to state that the course is a visa course when you register. A visa course is any course for which a visa application is made to an authority. The following provisions apply when booking language courses that include the issue of a visa:
b)
Should the visa be refused by the competent authority
the entire course fee will be refunded upon presentation of a rejection notice
less 499,00 € processing fee will be refunded. A refund is only possible if we receive the rejection notice no later than at the start of the course in writing or by e-mail at the latest.
c) You can postpone the start of the course free of charge for up to four months after the
the original start of the course. The postponement must be in writing or by e-mail before the
scheduled start of the course. In the event of a postponement, a refund in accordance with §
7 (4) b) is no longer possible. In the case of a postponement, the full course fee must be paid at the originally booked start of course. Only after payment in full will the postponement be approved and the updated documents will be issued. In the event of a postponement, a refund in accordance with § 7 (4) b) is no longer possible.
Your right to revoke the conclusion of a visa course contract in accordance with § 5 of these GTC remains unaffected by these regulations.
Intensive courses in the morning regularly take place from 09:00 to 12:00. In rare cases, we reserve the right to adjust the course time due to organizational requirements. The latest start time for the intensive morning course is 13:00. Adjustments do not entail a special right of termination or the right to a partial refund, unless you can prove that the adjustment is unreasonable for you, taking our interests into account.
There is no free trial lesson for visa courses.
(5) If an FSP medical course is not held as an in-person course but as an online course, this circumstance does not entitle you to a reduction in the course price. There is no entitlement to the FSP medical course being held as a face-to-face course.
(6) Special provisions for private and company courses
For bookings of private and company courses, the time of the booked lessons can be agreed individually with the teacher or with us. If you do not attend a lesson, you are not entitled to a replacement lesson or a refund of the course fee. Likewise, once the withdrawal period has expired, lessons that have already been booked can no longer be canceled. This also applies in the event that the participant or the company no longer wishes to take the lessons. If you are unable to attend an agreed lesson, you must inform the language school or the teacher in writing or by telephone at least 24 hours before the start of the lesson in order to reschedule the course. If the lessons are canceled within the 24-hour period, there is no entitlement to replacement lessons. For private and company courses, at least two lessons must always be booked per date.
Lessons booked for private or company courses must be taken within one year. Unused lessons expire one year after booking the course. No refunds are possible after the end of this year and any unused lessons can no longer be taken.
§ 8 Terms of payment
(1) The course fees can be paid in cash on site, or by bank transfer or credit card.
(2) Unless otherwise agreed, the course fee is due within 14 days of invoicing or by the start of the course at the latest. Payment can be made either in cash or by bank transfer. You undertake to pay on time.
(3) If the course is not attended at all or only partially, the obligation to pay remains unaffected.
§ 9 Withdrawal / Cancellation etc.
(1) The mere absence from the course is not to be regarded as a withdrawal and does not release the student from the obligation to pay.
(2) If the student terminates the booked language course prematurely, the entire outstanding course fee is due for payment immediately. If, in the case of an agreed installment payment, a due installment is not paid, the installment payment agreement loses its validity and the total amount is due from the date of the unpaid installment.
(3) Completion of the course
We reserve the right to postpone a course if a minimum number of three students is not reached until the minimum number of participants is reached.
We also reserve the right to terminate the contract for good cause.
§ 10 Warranty
The services offered are services according to §§ 611 ff. BGB (GERMAN CIVIL CODE). Successful training is not owed. In all other respects, the statutory warranty regulations apply.
§ 11 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions.
(2) In other cases, we shall only be liable – unless otherwise regulated in paragraph 3 – in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.
(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
(4) The above limitations of liability shall also apply in favor of legal representatives, employees and vicarious agents of the Contractor.
§ 12 Rights of use and copyright
We hold the rights of use to the teaching materials. Any reproduction, distribution or other use of the materials requires our prior consent.
§ 13 Choice of law and place of jurisdiction
(1) This contract is subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention (United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980). If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of booking, the exclusive place of jurisdiction is the registered office of the provider, Mannheim. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.
§ 14 Final provisions
(1) No verbal or written collateral agreements have been made. In particular, the General Terms and Conditions of the parties shall not apply even if reference is made to them in an invoice or order form and the other party does not object.
(2) The assignment of rights arising from this contract requires the prior written consent of the other party. This shall not apply to the assignment of payment claims.
(3) Amendments or additions to this contract must be made in writing in order to be effective, unless a stricter form is prescribed by law. This shall also apply to any amendment to this written form clause. The written form requirement is met in particular by sending declarations by e-mail or fax, unless otherwise expressly stipulated in this contract.
(4) Should individual provisions of this contract be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions of this contract. The parties shall replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the legal and economic intent of the invalid or unenforceable provision and that they would reasonably have agreed upon if they had considered the invalidity or unenforceability of the respective provision when concluding this contract. The same shall apply in the event of a loophole.