General Terms and Conditions
- General Requirements
Course participants must be at least 18 years of age.
- Participation / Enrollment confirmation
2.1. After enrolling in the course, the participant is sent confirmation of enrollment in the selected course. With receipt of the enrollment confirmation by the participant, the contract takes effect.
2.2. An invoice is forwarded with the enrollment confirmation, informing the participant of the payable course fees indicating the payment deadline. As soon as the course fee has been credited to the account of SprachPassion – Institut für Sprache und Kultur (hereinafter referred to as “Institute”), the course participant will be sent a confirmation of payment. This guarantees the place in the booked course.
2.3. In principle, consumers have a right to cancel. More information on the right to cancel is provided in the “notice on the right to cancel” at the end of the terms and conditions. If the right to cancel is not exercised, but the client has not attended in the booked course, the course fee is still due.
- Prices and terms of payment
3.1. The price list for courses in effect at the time of enrollment is an integral part of the contract.
3.2. The course fee is payable in full to the account number given on the invoice of the Institute at the payment deadline shown in the invoice. The payment date is defined as the date at which the payment is credited to the Institute account specified in the enrollment confirmation. The money transfer must indicate the billing number.
3.3. All bank charges related to the payment of the course fee shall be borne by the course participant. All fees incurred with the payment of the course fee are the responsibility of the student.
3.4. If the Institute does not receive full payment of the course fees by the due date, the participant will no longer be entitled to the services booked. In this case the Institute is entitled to make the services available to other interested parties.
3.5. In case of non-attendance at the booked course, delayed arrival, early departure or withdrawal from a course, or any other absences (e.g. due to illness), there is no claim to reimbursement of the course fees or transfer to another person.
3.6. The minimum number of participants for group courses is 4 people. If this number of participants is not reached, the course can be canceled. In this case, the tuition fees already paid will be refunded to the students without deduction. However, the Institute can decide to let the course take place despite a lesser number of participants for the same price. In this case, the number of units is reduced as follows:
- 3 participants – 3 units/day
- with 4 participants, the course will take place with 4 units/day as planned.
- Individual lessons
4.1. The following rule applies to individual courses: Cancellation or changes to an already scheduled lesson must be made no later than 24 hours before the agreed lesson date. Cancellations and changes that take place less than 24 hours before, the full course fee of the planned lessons will be charged. If an agreed upon date falls on a Monday, the cancellation must be received by the instructor/institute no later than 20:00 on the Friday prior to the agreed upon Monday date. Cancellations and changes made after 8 p.m. Friday will be charged the full course fee for the scheduled classes.
4.2 Individual lessons outside our classrooms are held from a minimum of 2 lessons per class day.
4.3 For individual lessons outside of our classrooms, any travel costs and the time required for arrival and departure will be charged in addition to the tuition fee.
4.4. Lessons booked as part of an Individual lesson block may be postponed to a later date in agreement with the teacher. However, these lessons must be taken within nine months after the end date of the term, which was originally agreed in the teaching contract. After this period, there is no claim to make up for rescheduled or missed lessons.
- Changes to course bookings and vario-bookings
5.1 A rebooking of the booked services is only possible under special and justified circumstances and only if the desired course is offered by the Institute in the current or subsequent course cycle, takes place with a minimum number of 4 participants and there is still space available in the corresponding course. (For a change of reservation a fee of € 50, – will be due.) In this case, a new contract must be signed with the Institute.
5.2 A vario booking, i.e. booking part of a course is only possible from level B1 and only as a block at the beginning or at the end of the respective course. A vario booking for the second half of the course is only possible on the basis of a placement test.
6.1. The course participant can cancel the course booking subject to the following conditions.
- In case of cancellation no later than four (4) weeks prior to the start of the course, the Institute will withhold an administrative fee of €50. If the course fee has not yet been received by the Institute at the time of withdrawal, the administrative fee is still due.
- In case of cancellation no later than one (1) week prior to the start of the course, the Institute will withhold an amount equal to 30% of the course fee, but not less than the administrative fee of €150. If the course fee has not yet been received by the Institute at the time of withdrawal, this management fee is still due. This regulation also applies in the case of a registration shortly before the beginning of the course.
- In case of cancellation no later than one (1) work day prior to the start of the course, the Institute will withhold an amount equal to 50% of the course fee, but not less than the administrative fee of €150.If the course fee has not yet been received by the Institute at the time of withdrawal, this management fee is still due. This regulation also applies in the case of a registration shortly before the beginning of the course.
- In case of withdrawal on the starting day of the course or after the start of the course, the Institute will withhold 100% of the course fee. If the course fee has not yet been credited to the Institute’s account by the beginning of the course, this amount will be due in full, also in case of non-participation.
6.2. The cancellation must be submitted in writing, also by e-mail, to the Institute using the contact addresses indicated in the enrollment confirmation. The cancellation date is defined as the date of receipt of the cancellation declaration at the contact address specified in the enrollment confirmation.
- Course level assignment / class size
7.1. The assignment to a course level is made on the basis of a placement test or a consultation carried out at the course location.
7.2. Depending on the size of the classroom the maximum class size is 10 course participants.
- Responsibilities of participants
8.1. It is the responsibility of the course participant to ensure at his/her own expense that his/her stay in Germany is in compliance with the law and that he/she is in possession of any required entry permit, residence permit or visa.
8.2. It is the sole responsibility of the course participant to take out health insurance and accident, liability and personal property insurance. The Institute assumes no liability in this area.
8.3. Participants are obliged to comply with the course rules and house rules applicable to SprachPassion – Institut für Sprache und Kultur.
- Liability of the teacher
9.1. The Institute is subject to liability – regardless of the legal cause – only in case of gross negligence or intent.
9.2. Any other contractual or tort claims of the course participant are explicitly precluded.
- Cancellation of classes due to illness or other reasons on the part of the teacher
If the teacher cannot provide the contractually agreed lessons, for illness or other reasons, the Institute is responsible to provide a substitute teacher. If this is not possible, the missed class/classes will be rescheduled at a later date, which will be discussed with the students.
- Force majeure
Neither the Institute nor the teachers are liable for non-performance of contractual obligations or damages to the extent that they are caused by force majeure, in particular fire, water, storm or other natural events, explosion, strike, war, civil unrest, regulations and laws issued by the government or other public bodies that prevent or limit teaching within the course rooms (e.g. due to pandemics, epidemics, etc.) or other reasons outside the sphere of responsibility/influence of the teacher.
11.1. If face-to-face (offline) lessons cannot take place or only to a limited extent in SprachPassion’s premises, e.g. due to restrictions imposed by the government or other public bodies (e.g. due to pandemics, epidemics, etc.), or due to a Covid 19 case in the course, lessons will be continued as online lessons with the platforms used by SprachPassion. There is no entitlement to pause or transfer the lessons to classroom lessons taking place at a later date.
- Privacy protection
The Institute collects, processes and uses the personal data of the course participant both for the purpose of fulfilling the contract signed with the course participant and as permitted by law and under the terms of any signed declaration of consent in compliance with privacy protection laws. For further details see the separate privacy declaration to which we hereby explicitly refer.
- Applicable law
These terms and conditions and all legal relations between the Institute and the course participant are subject to the laws of the Federal Republic of Germany. The place of jurisdiction is Frankfurt am Main, Germany.
- Severance clause
Should sections or individual formulations in these terms and conditions prove invalid or ineffective, this shall have no effect on the remaining sections and their validity. The ineffective provision shall be replaced by the legally admissible provision that most closely approximates the content and economic effect of the ineffective provision.
Notice of right to cancel and cancellation form
Consumers have a right to cancel in accordance with the following conditions. For this purpose, a consumer is defined as any natural person entering into a transaction for purposes not primarily related to commercial or self-employed activities:
- Notice of right to cancel
A right of revocation exists only if the binding registration for a language course took place during an event outside of our business and classrooms or as a distance contract (by telephone, Internet, WhatsApp, SMS).
In this case, you have the right to withdraw from this contract within fourteen days of the date of conclusion of the contract, without stating a reason. In the case of a binding registration within 14 days before the start of the booked language course for a language course, the cancellation period ends on the day before the beginning of the course.
There is no right of revocation if
- the registration or the lesson contract took place on your initiative in the rooms of our language school or was completed,
- the registration took place after sending the terms and conditions by e-mail to you and consequently there was already e-mail correspondence between you and the Institute about the modalities of the course and the payment of the course fee.
Likewise, there is no right of withdrawal for the corresponding course after the beginning of the course.
- in case of individual lessons – you gave your express consent in form of an individual appointment for the individual lessons and the teacher therefore began to provide services (eg in form of lesson preparation, etc.).
In order to exercise your right of withdrawal, you must inform the Institute by means of a clear statement (eg a letter or e-mail sent by post) of your decision to withdraw from this contract:
SprachPassion – Institut für Sprache und Kultur
To comply with the cancellation period, it is sufficient for you to send your notice of cancellation to us before the cancellation period expires.
- Consequences of cancellation
If you cancel this contract, we – SprachPassion – Institut für Sprache und Kultur – are required to reimburse all payments that we received from you, without delay and no later than 14 days from the date on which we received notification of your cancellation of this contract. For the reimbursement, we will make use of a transaction to your account.