The following text is a translation of the original version of the terms and conditions of Sprachenakademie Aachen gGmbH.
We kindly ask our customers to note that the only legally binding version is the German original text.
Any translations or summaries serve the purpose of making our general business terms available for customers who do not understand German; we do, however, not take responsibility for the accuracy of the translation.
0. PRELIMINARY REMARK
SPRACHENAKADEMIE AACHEN gGMBH (in short SPRACHENAKADEMIE) is a non-profit educational institution with a focus on languages. These general terms and conditions refer to fee-based educational events which are offered directly by SPRACHENAKADEMIE and where a direct contractual relationship is established between the participant and SPRACHENAKADEMIE.
The regulations of the respective responsible corporate body apply to events that the SPRACHENAKADEMIE organises on behalf of public authorities (e.g. integration courses, public funding measures), public educational institutions (e.g. state universities and schools) or providers under private law (e.g. foundations, private educational institutions, companies). The same applies in particular to examinations conducted by SPRACHENAKADEMIE as licensee, as well as to course-related services (such as accommodation, pick-up service, leisure activities, etc.) commissioned from third parties.
1. Participants of SPRACHENAKADEMIE events can register themselves or be registered by a contact person. On request, the contact person must provide a written power of attorney issued by the participant.
2. The registration takes place personally in the context of a consultation or in writing by e-mail or by means of an online form.
3. A booking only becomes binding once all fees have been received in due time, and registration certificates can be issued only then.
4. The reservation of a particular course is subject to classification by SPRACHENAKADEMIE. This is done by means of a standardised written test and, if necessary, a supplementary interview. If the placement result differs from the reserved entry level, the daily lesson times may change, but not the starting date of the course.
5. By registering, the applicant agrees to the collection and processing of his/her personal data for internal use by SPRACHENAKADEMIE. This use includes in particular the registration and accounting procedure, the issuing of certificates for submission to the authorities, the transfer of teaching materials and event-related information as well as the certification of achievements.
1. If a participant has booked a language course consisting of several consecutive modules, advancement to the next higher module does not take place automatically at the end of each module, but only when the learning objective has been achieved. The learning progress of all participants is regularly checked by a standardised test system during the lessons. In the case of irregular participation in lessons, a continuous monitoring of the learning progress cannot be guaranteed.
If a participant does not have a sufficient command of the material taught in one of the modules, participation in the subsequent module is only possible to a limited extent.
In this case, SPRACHENAKADEMIE is entitled to prompt participants to repeat individual modules. Under certain circumstances, participation in the subsequent module can only take place in combination with attending a supplementary course (“PLUS course”). Additional fees are to be borne by the customer and can be offset against an existing booking credit.
2. There is no entitlement to having any particular lecturer conduct a specific event.
3. For organisational reasons, SPRACHENAKADEMIE may change the course size and the daily lesson times of an event within reason.
4. There is no entitlement to catch up on individual event units if these could not take place due to reasons for which SPRACHENAKADEMIE bears no responsibility.
III. CANCELLATION AND CHANGES IN BOOKING
1. In principle, it is possible to cancel or rebook educational events of SPRACHENAKADEMIE. This right to cancellation and rebooking applies to all individually bookable events (courses, modules, examinations), unless external terms and conditions take precedence (see preliminary remark). The right to cancellation or rebooking does not apply to educational events the booking of which is tied to the customer’s residence status and related deadlines (see visa and/or residence certificate) or where attendance is officially mandated (in particular integration courses).
In the case of bookings of programmes or fixed packages, which typically consist of several course modules, there is no entitlement to the cancellation of individual modules (or partial rebooking). Partial refunds are excluded for these formats.
Any right to cancellation or rebooking is voided in cases of proven attempts at deception (falsification of certificates, false personal data, attempts at deception in examinations, placement tests, etc.), including support to third party attempts at deception or attempts at deceiving third parties.
Regarding rights to cancellation and rebooking and associated deadlines, a distinction is made between the standard procedure (cancellation and rebooking without providing specific reasons, see III.2) and the special procedure (options for extraordinary cancellation and rebooking, see III.3).
2. A cancellation of an event booking or a rebooking to another event is possible up to 28 days before the beginning of the originally booked event without providing specific reasons. The date on which the formal cancellation or rebooking request is received by SPRACHENAKADEMIE (see III.4) shall be decisive for compliance with the deadline.
3. In the case of important reasons for which the participant is not responsible, SPRACHENAKADEMIE may grant the participant an extraordinary right to cancellation or rebooking. If there is such a reason and if corresponding documents can be submitted, cancellation or rebooking is possible up to 14 days before the start of the originally booked event.
Only the rejection of a visa application (to be proven by a copy of the rejection notice) will be routinely recognised as an important and verifiable reason. SPRACHENAKADEMIE can request further evidence to clarify the facts of the case.
If certificates have been issued for submission to the authorities during registration, in particular for obtaining a visa or extending a residence permit, the original certificates must also be submitted in addition to the respective receipts. Especially in the event of withdrawal, SPRACHENAKADEMIE reserves the right to check the use of its certificates by contacting the authorities.
4. Cancellations and rebookings must be applied for in writing using the corresponding online form (available at www.spraachen.org). The completed form and all necessary supporting documents must be submitted in due time (see III.2 and III.3). The date of receipt of the above documents by SPRACHENAKADEMIE is decisive for compliance with the deadline.
5. SPRACHENAKADEMIE may charge cancellation and rebooking fees; the rates published at www.spraachen.org at the time of booking shall apply.
6. Event fees (minus any processing fees, such as registration, rebooking, cancellation fees) will be refunded for properly executed cancellations pursuant to III.2 or III.3. In a gesture of goodwill, the refund may take the form of a credit; there is no legal claim to a partial or complete refund of event fees in such cases.
Any third party fees incurred as part of the booking process will not be refunded by SPRACHENAKADEMIE.
7. The participant has a right to rebook twice per event booking. SPRACHENAKADEMIE is entitled to initiate a cancellation procedure as of the third application for a change of booking.
8. SPRACHENAKADEMIE has the right to cancel events up to 14 days before the start of the event indicated on the registration certificate. If the participant does not receive an adequate replacement offer, all event and processing fees will be refunded upon request. Any further claims, in particular claims for damages, are excluded.
IV. GENERAL REGULATIONS
1. Deviating agreements must be made in writing.
2. The German version of the general terms and conditions of SPRACHENAKADEMIE is the only legally valid version. Translations and summaries are for better understanding only and are not legally binding.
3. The invalidity or unenforceability of individual provisions of the general terms and conditions shall not affect the validity of the remaining provisions.
4. Place of performance and jurisdiction for the contractual partners is Aachen.
5. SPRACHENAKADEMIE is only liable for damages caused intentionally or by gross negligence. Legal liability for damage to life, body or health remains unaffected.