11.2020 CG - Condizioni di partecipazione 11.2020

1. Registration
2. Rebooking / Course change
3. Cancellation
4. Visa
5. Accommodation
6. Course adoption by third parties
7. Follow-up course
8. Terms of payment
9. Privacy
10. Lessons
11. Documents
12. Liability / Liability insurance
13. Minimum age
14. Participation obligations of the participants
15. Books / course materials
16. Photos / Advertising
17. Fumfilment and jurisdiction
18. Severablity Clause

§1 Registration

The registration form must be completed in full by you or a person authorized by you. The course fee can also be paid by a third party. If you already have prior knowledge and your course level has not yet been determined by us, we will be happy to provide you with a placement test or, if necessary, a free trial lesson of 2 teaching units (= 90 minutes). Registration for a German course is only considered complete once you have made the necessary payments and received a registration confirmation from us. A contract is concluded with our registration confirmation. Registration can be done orally, in writing, by mere action or in textual form (e.g., email, WhatsApp, SMS or our online form). A written contract with a signature is not required. Participants residing abroad who require documents for a visa application should register at least 1 month before the start of the course (see §4 Visa).
Registration fee: For registrations from within Germany a fee of 0€ will be charged instead of 15€ and for registrations from abroad, also a fee of 0€ will be charged instead of 60€. Therefore, registrations are currently free of charge. A registration confirmation from us via email is free of charge too. If you need a confirmation sent by post in its original form, we will charge 5€ for domestic shipments and 15€ for international shipments (or 100€ via TNT-Express).

§2 Rebooking / Course change

Before the beginning of the course: A rebooking up to 14 days before the beginning of the course is possible and free of charge. A second transfer is only possible for a processing fee of 5 €.
Change of course in the current course is by arrangement (depending on capacities) once free; each further change costs 5 €.
Course fee will be charged in full if the fortnightly deadline has been missed, if the course is left early, or if the student does not show up at the school or course.

§ 3 Cancellation

If the school cancels a course for technical or organizational reasons, the paid course fee will be fully refunded to the student or an authorized third party. Cancellation up to 14 days before the start of the course is only possible, deducting a processing fee of 20% of the course fee. After that, no cancellation is possible (the full course fee must be paid), or it is only possible in strict exceptional cases. The term "course start" does not always refer to a specific level according to the Common European Framework of Reference for Languages (CEFR), but to the booked period. This period can span between two different levels, as it is also possible to join ongoing courses. A booking can include multiple levels of instruction if the booking period overlaps with different levels. Possible grounds for withdrawal include, for example, enrollment at a university. If the visa has not been extended and the participant can provide evidence of their return journey, such as a valid and used flight ticket, a refund will be made minus the cancellation fee:
  • 14 days before the course start minus 20% of the total course fee, or
  • within a grace period up to 7 days before the course start minus 50% of the course fee (and 20% of subsequent months for multi-month bookings), or
  • .within one week before the course start or after the course start minus one month's course fee (and 20% of subsequent months for multi-month bookings)
Withdrawal instruction

Cancellation policy and special rights of termination:
  • Right of withdrawal
    You have the right to withdraw from this contract within fourteen days without giving any reason.
    In the case of a service contract, the cancellation period is fourteen days from the day the contract was concluded.
    According to German civil law, the fourteen-day right of withdrawal does not apply to contracts that were concluded on business premises. In the case of a language course booking made on the premises of the language school "Sprachenfreunde" by means of a signed registration form, there is no right of cancellation.
    Furthermore, there is no such right of cancellation for contracts for services that are provided in connection with leisure activities. If you book your language course purely out of interest for private purposes, the right of withdrawal does not apply, since your language course is then related to a leisure activity.
    In order to exercise your right of withdrawal, you must send us (So Yung Koselowsky, Sprachenfreunde, Fregestraße 38a, 12161 Berlin, Tel: 030-33909365, email: info@sprachen-frerunde.de) a clear statement (e.g. a with letter sent by post, messenger message or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
    To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

    Consequences of withdrawal
    If you revoke this contract, we have to refund you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
    If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

    Sample withdrawal
    (If you want to revoke the contract, please note the following data and send them back.):

    At:
    So Yung Koselowsky
    Sprachenfreunde
    Fregestrasse 38a
    12161 Berlin

    Tel: 03033909365
    Email: info@sprachen-freunde.de

    I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
    Ordered on (*)/received on (*)
    Name of consumer(s)
    Address of consumer(s)
    Signature of consumer(s) (only if notification is on paper)
    Date

    (*) Delete where not applicable.

§4 Visa

To obtain a language visa as well as a study preparation visa, a certificate of attendance from a language school is required, among other documents. You can receive this certificate after signing the contract.
If you require documents from us for the visa application, please fill out the registration form for you on our website (course -> registration) and send it to us.
After payment of the fees, we will send you an official confirmation of registration for the embassy by e-mail. The registration is valid for one year from the date of issue. Please note that some embassies require the original confirmation in paper form. Upon request, we can send them to you by mail (not directly to embassies or authorities). The delivery by regular mail takes about 2-6 weeks and the sending fee of the post office costs 10€ (each additional shipment will be charged with another 10 € including the new documents). If you need the documents urgently, we can offer you a fast express mailing for 70 - 100€ (via DHL).

If you require a longer confirmed course for your visa application, we can reserve the required additional months first. This reservation can then also be noted on the contract. However, the contract must also be fulfilled without interruption until the reserved and noted date, whereby the remaining (reserved) months can either be paid on the first day of the course (discount price) or paid by means of a rate (monthly price). Such a reservation may not be made exclusively for the purposes of obtaining a visa and then canceled without further notice. A suspension or postponement of the reserved months is not possible.

To obtain a certificate we need the approximate date of your arrival. Experience shows that the visa processing at the embassies takes at least 6-8 weeks. The school contract is valid for 1 year from the date of issue. If the visa is refused, you will receive a refund of the prepaid amount less a processing fee (20% of the course fee). The rejection letter of the embassy and the school contract must be submitted in the original and the school contract must be returned to us. If you have not applied for a visa, you must take care of a negative letter to the embassy and submit us or forward us. The written rejection of the visa application must be submitted to us no later than three months after the issue. If this does not happen, the obligation to pay is maintained and no repayment takes place. The payment can only be made to the contract signatory, his authorized representative or the participant himself, upon presentation of the original documents.

§5 Accommodation

If the participant requires a proof of residence for his / her visa application, it will be sent along with the contract. The document implies that we, Sprachenfreunde, can and will organize accommodation for our students as a school. However, this does not constitute a binding booking of accommodation.

After the participant has received his visa or informs us of a fixed date of entry
, we try to arrange accommodation in a timely manner. Our partners are student apartments, shared apartments and host families.
The contract is concluded after recognition of the respective house rules or contract conditions directly between the contractor (student) and accommodation provider. The school acts as an intermediary between the two and the contract is valid only for the time of participation in the language school (Sprachenfreunde).

§6 Course acceptance by third parties

If you can no longer take your course for important reasons*, it may be possible to take over your course place by a third party against a processing fee (20% of the total course fee). In a started course, the acquisition is only possible from the follow-up course (exception: instant acquisition only possible on the same course).
* Important reasons include e.g. departure, moving to another city, visa change, family accidents

§7 Follow-up course

A follow-up course is not automatically reserved. Book early in the office during opening hours and pay directly on site.
Fees for a course needed for a visa: pay for half the duration of the contract (e.g. for a contract of 6 months, the course fee is to be paid at least 3 months in advance.The contract is to be fulfilled until the reserved date and the remaining months can be paid either on the first day of the course (discount price) or by means of a rate (monthly price).

§8 Terms of payment

The registration is valid for the entire duration of the course.
If a participant falls behind with the payment of 2 monthly installments, we are entitled, in accordance with the provisions of § 626 of the German Civil Code (BGB), to terminate the contract with immediate effect and without notice and to demand the total amount of outstanding payments to be paid in full by the end of the agreed course date.

If there are special reasons (see §6 *), termination of the contract by the participant is possible with a notice period of 14 days, calculated on the last calendar day of a month, if we agree. The notice of termination must be given to the school office in time for the event that has occurred. The participant has two options: the course will be taken over by a third party or the course fee will be refunded less an administration fee (see §3).

In the event of a course interruption due to reasons beyond the control of the school, any tuition fees already paid will not be refunded. This includes, but is not limited to, public holidays. These regulations do not affect the participant's statutory right to terminate the contract for important reasons.

We do not take any bank or transfer fees; also not paypal or similar payment services. Participants must verify their transactions about applicable fees, seek appropriate information prior to the transaction, and ensure that the appropriate course fee is fully credited to our account. The shortfall is due on the first day of school.
The payment obligation is to be adhered to punctually; for each required reminder, the school will charge a reasonable fee for the administrative burden involved.

Participants who violate instructions of the school management, the teaching staff or the school administration or against these contractual provisions can be excluded from the classroom after prior warning. In this case, the participant's obligation to pay the tuition fees for the current month is explicitly retained respectively paid fees will be withheld. Already paid tuition fees are non-refundable.

Participants who are missing for 5 days without a written apology (including e-mail) will be booked out of their language course. There is no right to be reinstated in this language course. A refund of the course fee or substitute services (extension of the course or similar) will not take place.

Despite careful planning, appointments can only be given subject to the availability of the appropriate teacher. For canceled lessons and the cancellation of other events, the school management will seek to procure replacement. If this is not possible, the participant is entitled to a refund of the tuition fees. Further claims, including damages, for whatever legal reason, are excluded in any case.

If a course participant is unable to attend one or more lesson dates, he is not entitled to another date or a partial refund of the course fee. The change of teacher does not entail a claim for reimbursement or a special right of termination. If the language course ends prematurely and a previously agreed installment payment is made, this loses its validity and all installments are due immediately.

§9 Privacy

We may process and store the data relating to the respective contract, insofar as this is necessary for the execution of the contract and as long as we are obliged to store this data in accordance with statutory provisions. The contract data are electronically stored and used by us exclusively for purposes of contract execution - including billing. The parties agree to treat as confidential the personal, business and contractual data of the contracting party and only to make information available to third parties insofar as this is necessary for the fulfillment of the contractual purpose or legal obligations. The collection, transmission or other processing of personal, company and contractual data of the participant for purposes other than those mentioned above is not permitted.

§10 Lessons

 Minimum number of participants in a course: 7
Should the necessary number of participants not be reached, we reserve the following possibilities:
    Change of course start
  •     Changing the time of the course
  •     Shortening of the German course
  •     Alternative offer
  •     Course cancellation and refund of the course fee
  •     Inclusion of the affected group or individual participants in other courses
The teaching plan is determined by the school management.
The school management determines the lesson plan and the type of lesson (face-to-face or online event). The form of the lesson can be changed during the course in order to be able to react to internal and external factors. Classes can take place online as well as face-to-face. Each course participant is responsible for the provision and guarantee of internet access (internet and corresponding devices) and the other technical equipment and software necessary for the use of our online courses themselves and at their own expense and risk.

One teaching unit (Unterrichtseinheit = UE) lasts 45 minutes.

There is no entitlement to a refund of the course fee for missed lessons; under certain conditions a goodwill regulation can be made; e.g. in case of a serious illnesses with outpatient or inpatient treatment; this must then be proven accordingly.

The participant commits himself to the regular school attendance and participation in the lessons.

The participant undertakes to follow the instructions of the school management and of the teaching, administrative and supervisory staff at the school (in and out of the classroom) and at events organized and supervised by the school (excursions, etc.).

The school management is entitled to all orders and measures necessary to maintain proper school operations. All school arrangements can only be made with the school management. Contract relevant agreements with the lecturer are ineffective and can only be determined in the school office with the school management. We reserve the right to change the timetable and appointment of teachers, even during the current course. There are no lessons on national holidays. There is no entitlement to compensation should a course day fall on a public holiday. Public holidays are to be paid. The canceled course hours will not be rescheduled at another time.

§11 Documents

Costs for certificates and exams are not included in the course price and have to be paid on site in our customer office.
A confirmation of participation after the end of the course is free, the duplicate or reordered certificates cost € 3 each.

§12 liability / liability insurance

Participation in lessons, excursions and other leisure activities is at your own risk. We are not liable for accidents or other damages and also not for the cancellation of lessons due to force majeure.
We are not liable for accidents on the way to and from school.
Furthermore, we disclaims all liability for loss of wardrobe, valuables, personal items, money, etc.
You confirm with your registration that you have taken out an internationally valid liability insurance for you, which covers all costs for damages caused by you. These include e.g. "Fire, explosion, water, electrical damage, burglary, theft, personal injury, property damage and property damage."
In principle, we are liable for our own fault only in case of intent and gross negligence and for the usual care in selecting third parties, which are used for the fulfillment of the contract. This does not apply to claims for damages of the contracting party arising from injury to life, limb, health or from the breach of essential contractual obligations as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by us or vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. In the event of a breach of essential contractual obligations, we are only liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it was a claim for damages from an infringement of life, body or health. If necessary third-party services are used, which are not part of a service on our part, we are not liable for third-party services as for a vicarious agent. For whatever legal reason, we are not liable for damages that are not to be expected according to the nature of the respective contractual item and its normal normal use.
Participants and / or students are liable for all damages caused by them and are obliged to provide compensation in accordance with the applicable statutory provisions. The organizer does not accept liability for any damages, even for injuries on the occasion of excursions. Participation in excursions organized by us is at your own risk. The legal guardians are liable for minors. The course participant are neither accident- nor health-insured on our part. You are responsible for completing a valid health and accident insurance throughout your stay in Berlin/Germany.
We recommend the offers from Care Concept or HanseMerkur, with whom we work together.
On request we can help with the contract procedure.

§13 Minimum age

Students must be at least 14 years old. Minors (i.e. under 18) can not register independently. We will send you a registration form, which must be signed by the parents or legal guardians.
The parent or legal guardian agrees to either remain in the classroom or to be in front of the school building during the breaks and before or after the lessons, without the teacher being present. This also applies to unscheduled class failure. At the same time, by signing the teaching contract, the parent and legal guardian releases the school principal and the teachers and staff of our school for these times  the duties of care and supervision with regard to the underage participant. For the duration of the lesson, we, the principal, as well as teachers and staff of our school, are exempted from their duty of care and supervision insofar as the duty of accident insurance is exceeded. The liability for intent and gross negligence remains unaffected.

 §14 Participation obligations of the participants

You expressly declare that all information provided in the registration for the language course is true. In case of misclassification due to misinformation or help with the placement test, the course fee will not be reimbursed.

If the student's residence or specified address changes during the class period respectively contract duration, this must be reported immediately to the school management. Costs incurred as a result of late notification of the new address or other inconvenience shall be borne by the participant.

§15 Books / Course materials

Participants are required to obtain books themselves.
Rental lessons are available for trial lessons, which must be returned in a proper condition. 

§16 Photos / Advertising

We reserve the right to make, under notice, photos of the classes and you during class or leisure activities and for promotional purposes. If you do not agree, you must let us know.

§17 Fulfillment and jurisdiction

Place of fulfillment for all obligations arising from this contract as well as place of jurisdiction is Berlin.

§18 Severability clause

Insofar as the local terms & conditions collide with consumer protection regulations, these are to be used with priority. Should individual agreements be ineffective or become invalid later, these general terms and conditions shall remain valid. Existing or emerging gaps must be closed in accordance with the stated or presumed intention of the parties, which is geared to the achievement of the objective of carrying out the agreed, paid language instruction.
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