Our terms and conditions
§ 1 CONTRACT
With the completion of the registration form, the customer enters into a binding contract with the training provider for the performance of language training. The customer may only complete the registration in writing. The contract is concluded by the acceptance of the training provider. The acceptance need not take on a specific form. The training provider will send a confirmation of the reservation to specify the services to be provided.
§ 2 TERMS OF PAYMENT
The tuition fees are net prices and are payable prior to the commencement of the training or upon receipt of the invoice, in cash or by debit order, unless otherwise agreed in writing. Any additional services and the required learning materials (course and work books / CDs) will be invoiced separately in accordance with the book trade price and will be charged automatically by debit order. Payments made are irrevocable and non-refundable. The customer will ensure that he/she has sufficient funds in his/her current account. The customer will inform the training provider immediately of any changes in his/her bank details by sub- mitting an amended debit order. Subject to the assertion of additional damages, including without limitation any bank- ing fees, any amount not paid when due or a returned debit note will be subject to a payment of 25 euros as interest and administrative fees, to be paid in cash immediately. A returned debit note or other supervening circumstances that give reason to doubt the customer’s creditworthiness will permit the training provider to cancel the customer’s right to pay by debit order immediately. In the event of a late payment, the training provider is entitled to rescind the training contract / registration and to terminate further training with immediate effect.
§ 3 SERVICES PROVIDED BY THE TRAINING PROVIDER
The extent of the contractual services will result from the service description of the training provider, as well as from the details set forth in the confirmation of reservation. Additional agreements, which alter the extent of the contractual services, will require formal confirmation in writing. The language training provided will correspond to the number of sessions agreed upon in the booking confirmation. One single lesson amounts to 45 minutes and one day of sessions amount to up to 8 single lessons, unless otherwise agreed. The training provider, however, reserves the right to employ another trainer (e.g. due to illness or other such extenuating circumstances). Such a change in trainer is not deemed to be a rescission or breach of contract or to permit a reduction in tuition fees. Should a designated trainer cancel on short notice, the training provider will take reasonable steps to provide another trainer at the earliest possible date. Should the agreed upon intensive training sessions be cancelled or postponed within two weeks prior to the commencement of the training, a cancellation fee of 50% of the tuition will be due. The full tuition will be due should an intensive training be cancelled within a week of the training’s commencement. In the event of a cancellation of a group or individual session within a week of the first single lesson, the full tuition will be due. The postponement or cancellation of an individual session will be without charge, provided that the training provider is informed of such postponement or cancellation at least 48 hours prior to the session’s commencement, and that such session is made up within three months of the end of the agreed upon language training. Individual sessions on Mondays can be postponed by twelve o’ clock on the previous Friday. In the event of a cancellation of a group or individual session within a week of the first single lesson, the full tuition will be due. The reorganisation of individual appointments within the framework of an individual course will be without charge, provided the training provider is informed of this at least 48 hours prior to the session’s commencement and that such a session is made up within three months of the end of the agreed upon language training. Individual sessions which take place on Mondays can be reorganised by twelve o’clock on the previous Friday. In the case of group language training, a refund of course fees for time absent is hereby expressly excluded. In the case of group language training, a refund of course fees for time absent or early resignation is here- by expressly excluded.
§ 4 OFFERS AND PRICES
All offers and prices are non-binding. They may be adjusted without prior notice. Payment terms, cash discounts or other deductions will not be granted, unless agreed in writing.
§ 5 DATA PROTECTION
The customer acknowledges that his/her data will be stored in accordance with the German Data Protection Act. The customer acknowledges that his/her data will be stored and used in accordance with the German Data Protection Act, and that he/ she will receive further information and advertising material regarding the training provider by email, post or otherwise.
§ 6 NON-COMPETITION CLAUSE
The customer expressly agrees that all terms in relation to course times, content, duration, tuition and expenses are to be agreed solely with the training provider and not with an individual trainer. The customer hereby agrees not to independently engage trainers who have become known to the customer through the language provider, but rather, for the duration of the co-operation as well as up to a year afterwards, to order training solely through the training provider. The customer will inform the training provider of any case in which a trainer offers training to the customer on an independent basis. The use of any documents relating to the training provider in courses not arranged or held by the training provider school is strictly prohibited.
§ 7 DAMAGES AND FORCE MAJEURE, LIABILITY AND COMPLAINTS
Any delay in performance or non-performance of any obligations and duties of the training provider will not be considered a breach if such delay or non-performance is caused by an event beyond the training provider’s control. Events beyond the training provider’s control will include, but are not limited to, natural disasters, government action or inaction, strike or labor trouble, traffic disruptions or delays, interruptions in telecommunication or internet-related systems, war, acts of terrorism, fire or other casualty, unusually severe weather, absences of our staff or the like. Any and all liability for damage relating to viruses, trojans, auto-dialers, spam mail or similar disruptions caused by data are hereby expressly excluded. In no event will the training provider be liable for any consequential, indirect, exemplary, special or incidental damages, including with- out limitation any lost revenue or lost profits, whether in contract, tort or otherwise. The training provider’s total cumulative liability in connection with any registration or order for training, whether in contract, tort or otherwise, will not exceed a) twice the invoice amount, up to a maximum of five thousand euros, in cases of negligence and b) three times the invoice amount, up to a maximum of ten thousand euros, in cases of intentional misconduct and gross negligence. Complaints relating to trainers or the content of the training shall be made during the duration of language training and as soon as such grievance occurs. The customer is obligated to inform the training provider in writing, as early as possible during the duration of the language training, about any difficulties or problems in relation to the language training. The training provider may disregard complaints received after completion of the language training. In cases of justified complaints, the training provider has the right to provide alternative trainers twice and the customer will remain obligated to accept the service and provide payment accordingly.
§ 8 ASSIGNMENT
Customer may not assign or transfer, by operation of law or otherwise, any of its rights under this registration or del- egate any of its duties under this registration to any third party without the training provider’s prior written consent. Any assignment in violation of the foregoing shall be null and void.
§ 9 CHANGES TO THE TERMS AND CONDITIONS OF LANGUAGE COURSE PARTICIPATION
Changes can be made at short notice to the Terms & Conditions. The customer may contact the training provider at any time if a copy of the current Terms & Conditions is desired. The customer may at any time request a copy of the then current Terms and Conditions from the training provider.
§ 10 FINAL CLAUSES
These Terms & Conditions and the applicable registration constitute the entire agreement. The invalidity of one of the conditions of the agreement does not result in the invalidity of the entire agreement or all of the conditions; the parties to the agreement commit to replacing an in- valid condition with a valid one, which corresponds most closely to the invalid condition according to economic content. The operative and governing version of the registration and these Terms and Conditions shall be the version in German. The place of jurisdiction for both parties is Munich.
With the completion of the registration form, the customer enters into a binding contract with the training provider for the performance of language training. The customer may only complete the registration in writing. The contract is concluded by the acceptance of the training provider. The acceptance need not take on a specific form. The training provider will send a confirmation of the reservation to specify the services to be provided.
§ 2 TERMS OF PAYMENT
The tuition fees are net prices and are payable prior to the commencement of the training or upon receipt of the invoice, in cash or by debit order, unless otherwise agreed in writing. Any additional services and the required learning materials (course and work books / CDs) will be invoiced separately in accordance with the book trade price and will be charged automatically by debit order. Payments made are irrevocable and non-refundable. The customer will ensure that he/she has sufficient funds in his/her current account. The customer will inform the training provider immediately of any changes in his/her bank details by sub- mitting an amended debit order. Subject to the assertion of additional damages, including without limitation any bank- ing fees, any amount not paid when due or a returned debit note will be subject to a payment of 25 euros as interest and administrative fees, to be paid in cash immediately. A returned debit note or other supervening circumstances that give reason to doubt the customer’s creditworthiness will permit the training provider to cancel the customer’s right to pay by debit order immediately. In the event of a late payment, the training provider is entitled to rescind the training contract / registration and to terminate further training with immediate effect.
§ 3 SERVICES PROVIDED BY THE TRAINING PROVIDER
The extent of the contractual services will result from the service description of the training provider, as well as from the details set forth in the confirmation of reservation. Additional agreements, which alter the extent of the contractual services, will require formal confirmation in writing. The language training provided will correspond to the number of sessions agreed upon in the booking confirmation. One single lesson amounts to 45 minutes and one day of sessions amount to up to 8 single lessons, unless otherwise agreed. The training provider, however, reserves the right to employ another trainer (e.g. due to illness or other such extenuating circumstances). Such a change in trainer is not deemed to be a rescission or breach of contract or to permit a reduction in tuition fees. Should a designated trainer cancel on short notice, the training provider will take reasonable steps to provide another trainer at the earliest possible date. Should the agreed upon intensive training sessions be cancelled or postponed within two weeks prior to the commencement of the training, a cancellation fee of 50% of the tuition will be due. The full tuition will be due should an intensive training be cancelled within a week of the training’s commencement. In the event of a cancellation of a group or individual session within a week of the first single lesson, the full tuition will be due. The postponement or cancellation of an individual session will be without charge, provided that the training provider is informed of such postponement or cancellation at least 48 hours prior to the session’s commencement, and that such session is made up within three months of the end of the agreed upon language training. Individual sessions on Mondays can be postponed by twelve o’ clock on the previous Friday. In the event of a cancellation of a group or individual session within a week of the first single lesson, the full tuition will be due. The reorganisation of individual appointments within the framework of an individual course will be without charge, provided the training provider is informed of this at least 48 hours prior to the session’s commencement and that such a session is made up within three months of the end of the agreed upon language training. Individual sessions which take place on Mondays can be reorganised by twelve o’clock on the previous Friday. In the case of group language training, a refund of course fees for time absent is hereby expressly excluded. In the case of group language training, a refund of course fees for time absent or early resignation is here- by expressly excluded.
§ 4 OFFERS AND PRICES
All offers and prices are non-binding. They may be adjusted without prior notice. Payment terms, cash discounts or other deductions will not be granted, unless agreed in writing.
§ 5 DATA PROTECTION
The customer acknowledges that his/her data will be stored in accordance with the German Data Protection Act. The customer acknowledges that his/her data will be stored and used in accordance with the German Data Protection Act, and that he/ she will receive further information and advertising material regarding the training provider by email, post or otherwise.
§ 6 NON-COMPETITION CLAUSE
The customer expressly agrees that all terms in relation to course times, content, duration, tuition and expenses are to be agreed solely with the training provider and not with an individual trainer. The customer hereby agrees not to independently engage trainers who have become known to the customer through the language provider, but rather, for the duration of the co-operation as well as up to a year afterwards, to order training solely through the training provider. The customer will inform the training provider of any case in which a trainer offers training to the customer on an independent basis. The use of any documents relating to the training provider in courses not arranged or held by the training provider school is strictly prohibited.
§ 7 DAMAGES AND FORCE MAJEURE, LIABILITY AND COMPLAINTS
Any delay in performance or non-performance of any obligations and duties of the training provider will not be considered a breach if such delay or non-performance is caused by an event beyond the training provider’s control. Events beyond the training provider’s control will include, but are not limited to, natural disasters, government action or inaction, strike or labor trouble, traffic disruptions or delays, interruptions in telecommunication or internet-related systems, war, acts of terrorism, fire or other casualty, unusually severe weather, absences of our staff or the like. Any and all liability for damage relating to viruses, trojans, auto-dialers, spam mail or similar disruptions caused by data are hereby expressly excluded. In no event will the training provider be liable for any consequential, indirect, exemplary, special or incidental damages, including with- out limitation any lost revenue or lost profits, whether in contract, tort or otherwise. The training provider’s total cumulative liability in connection with any registration or order for training, whether in contract, tort or otherwise, will not exceed a) twice the invoice amount, up to a maximum of five thousand euros, in cases of negligence and b) three times the invoice amount, up to a maximum of ten thousand euros, in cases of intentional misconduct and gross negligence. Complaints relating to trainers or the content of the training shall be made during the duration of language training and as soon as such grievance occurs. The customer is obligated to inform the training provider in writing, as early as possible during the duration of the language training, about any difficulties or problems in relation to the language training. The training provider may disregard complaints received after completion of the language training. In cases of justified complaints, the training provider has the right to provide alternative trainers twice and the customer will remain obligated to accept the service and provide payment accordingly.
§ 8 ASSIGNMENT
Customer may not assign or transfer, by operation of law or otherwise, any of its rights under this registration or del- egate any of its duties under this registration to any third party without the training provider’s prior written consent. Any assignment in violation of the foregoing shall be null and void.
§ 9 CHANGES TO THE TERMS AND CONDITIONS OF LANGUAGE COURSE PARTICIPATION
Changes can be made at short notice to the Terms & Conditions. The customer may contact the training provider at any time if a copy of the current Terms & Conditions is desired. The customer may at any time request a copy of the then current Terms and Conditions from the training provider.
§ 10 FINAL CLAUSES
These Terms & Conditions and the applicable registration constitute the entire agreement. The invalidity of one of the conditions of the agreement does not result in the invalidity of the entire agreement or all of the conditions; the parties to the agreement commit to replacing an in- valid condition with a valid one, which corresponds most closely to the invalid condition according to economic content. The operative and governing version of the registration and these Terms and Conditions shall be the version in German. The place of jurisdiction for both parties is Munich.