General terms and conditions

General Terms and Conditions of Business eduGLOBAL GmbH

Section 1:Scope of application

1. The following Terms and Conditions of Business (hereinafter referred to as “Terms”) contain the Terms applicable to all contractual relationships between the course participant or the company as defined by Section 14 German Civil Code (hereinafter referred to as “Customer”) and eduGLOBAL GmbH, Erbprinzenstr. 27 and 34, 76133 Karlsruhe, represented by the managing director Ms Fotini Papadopoulos (hereinafter referred to as “eduGLOBAL”). Provisions of these Terms that are expressly indicated as only applying to consumers shall not apply to businessmen.

2. The following Terms shall solely be applicable. eduGLOBAL expressly objects to any Terms the customer may have that contradict or deviate from these Terms unless eduGLOBAL has expressly agreed to their applicability.

3. The Terms of eduGLOBAL shall also apply to all future business of eduGLOBAL with the customer without the need for a repeated express inclusion. If the Terms have been amended, they shall not apply until the time the customer first receives them or they have the possibility of acknowledging them, unless they object to them immediately in writing.

4. Certain services may be subject to separate Terms of Contract respectively. In this case, this shall be indicated separately. To the extent these provisions deviate from the provisions of these Terms, the provisions of the separate Terms shall take precedence over the respective provision of these Terms.

 

Section 2:Prerequisites for attending

The customer must be at least 18 years of age. Younger customers shall require written consent from their legal guardians.

 

Section 3:Enrolment

1. The presentation of the services on the website of eduGLOBAL does not represent a binding offer by eduGLOBAL. The enrolment to the respective courses or the ordering of the respective service represents the first binding offer by the customer as per Section 145 German Civil Code.

2. The enrolment in the courses offered by eduGLOBAL is completed by sending the filled in online application form of by signing a contract in hard copy. In the case of an online enrolment, the customer shall receive confirmation by e-mail. The offer is not accepted and thus the contract is not concluded until this e-mail has been received in the event of an online enrolment or until eduGLOBAL has signed the contract in the event of a written enrolment in hard copy.

 

Section 4:Payment

1. The course fees shall become due upon conclusion of the contract. In the event of an online enrolment, they are due immediately upon receipt of the confirmation of enrolment. In the event of a written enrolment in hard copy, they become due immediately upon receiving the contract.

2. In the event of late payments, a processing fee of EUR 2.50 may be charged for every reminder.

3. Should the customer wish to continue attending the booked course beyond the term agreed by contract, the course fee must be paid once again and in advance by one week prior to commencement of the new course at the latest.

4. If the customer does not attend the booked course, the obligation to pay shall remain to the full. There shall be no claim to catching up on the cancelled lessons neither if the lessons were not attended for reasons eduGLOBAL was not responsible for nor if the customer stayed away from the lessons. This shall also apply if lessons are cancelled for reasons of force majeure (storm, lightning, fire, water, snow and ice, etc.).

5. Individual trainings must be cancelled 24 hours in advance, otherwise one teaching lesson will be invoiced.

 

Section 5:Course offered

1. The language course shall take place in the rooms of eduGLOBAL GmbH unless otherwise agreed upon.One teaching lesson is 45 minutes.

2. If lessons do not take place and this is attributed to the sphere of eduGLOBAL, the course module will be extended by the number of cancelled teaching units. The same shall apply if teaching units are cancelled due to public holidays, public events, illness of the teachers or holidays. Class trips and school events are regarded as lessons.

3. eduGLOBALshall reserve the right to modify the range of courses to the extent that the objective of the course is not changed and to change the teacher as and when necessary. In particular, this shall not substantiate the right to withdrawal or cancellation.

4. The requirement for a course to be held is usually the reaching of the minimum number of participants before the course begins. The beginning of the course can be delayed until the minimum number of participants has been reached or the course takes place with fewer participants and a proportionally reduced number of teaching units.

 

Section 6:Cancellation, term

1. The first and last dates of the individual courses can be taken from the confirmation of enrolment or the contract in hard copy.

2. The customer has the right to cancel the contract up to 14 days before commencement of the course without stating any reasons. If cancelled between 14 and 7 days before commencement of the course, eduGLOBAL shall reimburse half of the course fee; 7 days or fewer before the commencement of the course, the entire fee will be withheld. The enrolment fee, the amount of which depends on the respective contract, will be withheld in all events.

3. The cancellation must be in writing and sent to eduGLOBAL to the address stated in the confirmation of enrolment. The receipt of the cancellation at eduGLOBAL shall be applicable for the date of cancellation.

4. Non-attendance to the course does not equate with a cancellation.

5. If the minimum number of participants laid down in each individual case is not reached, or for other important reasons that eduGLOBAL is not responsible for (e.g. last minute loss of teachers), eduGLOBAL can cancel the contract without notice. In these cases, payments that have already been made for teaching units that have not been drawn on because of this will be reimbursed.

 

Section 7:Right of withdrawal

The customer is entitled to the right of withdrawal for contracts concluded online. With regard to the requirements and legal consequences of the right of withdrawal, the right of withdrawal notice in the addendum is referred to. This regulation only applies to consumers.

 

Section 8:Limitation of liability

1. eduGLOBALhas unlimited liability for compensation or replacement of futile expenses only in the event of intention and gross negligence as well as for damages resulting from injuries to life, body or health.

2. For the otherwise culpable breach of essential contractual duties (cardinal obligations), liability is limited to foreseeable damage typical for contracts.

3. A cardinal obligation as defined by Section 8 Paragraph 2 is an obligation whose fulfilment facilitates the performance of the contract in the first place and the observance of which the parties to the contract trust and may trust in.

4. In the event of liability for ordinary negligence, the obligation eduGLOBAL has to pay compensation for property damage and other financial losses resulting therefrom is limited to an amount of 1 million euros per case of loss (in accordance with the current limit of liability covered by the third party liability insurance eduGLOBAL has), even if it is a case of a breach of essential contractual obligations.

5. Liability ofeduGLOBALbeyond that designated in the preceding paragraphs of this Section 8 – regardless of the legal nature of the asserted claims (in particular claims arising from the breach of contractual primary and secondary obligations, unlawful acts as well as any other criminal liability) – is excluded.

6. The exemption of or limitation to claims as defined by the preceding paragraphs also applies to claims against employees of and persons commissioned by eduGLOBAL.

7. A change in the burden of proof is not associated with the preceding provisions.

 

Section 9: Data protection

1. eduGLOBALcollects data when an enquiry is made via the online form, via e-mail or when a contract is initiated, concluded, processed and withdrawn. We collect, store and process this data in line with the provisions of the German Data Protection Act.

2. The customer’s personal data, to the extent necessary for the justification, structure of the content or alteration to the contractual relationship (master data), is solely used for the processing of contracts concluded between eduGLOBAL and the customer.

3. The customer’s personal data that is required for facilitating and invoicing the use of the offers by eduGLOBAL (usage data) is likewise solely used for the processing of contracts concluded between eduGLOBAL and the customer. Such usage data is in particular the characteristics for identifying the customer as a user, details about the beginning and end as well as the extent of the respective usage and details about the telemedia the customer drew upon as a user.

4. Personal data is only stored up until its purpose that it was entrusted to us for has been fulfilled. To the extent that storage periods have to be observed according to trade and tax laws, the period of storage for certain data can amount to up to 10 years.

5. eduGLOBAL does not pass any personal customer data on to third parties. Excluded therefrom are service partners that require the transfer of data for the processing of contracts. In such cases, the extent of the transferred data is, however, restricted to the required minimum.

6. The customer has the right to information as well as a right to correct, block and delete their stored data at all times, but for any statutory period of storage. eduGLOBAL can be contacted in this respect by e-mail info@eduglobal.de, by phone +49 (0) 7 21 - 2 03 99 90 or by telefax via

+49 (0) 7 21 - 2 03 99 92.

 

Section 10:Copyright

The customer is not permitted to make audio or video recordings during lessons for reasons of copyright without the consent of eduGLOBAL.Teaching material provided by eduGLOBAL may not be utilized in any way whatsoever, in particular it may not be distributed or reproduced in public without the consent of eduGLOBAL.

 

Section 11: Language visa

1. The course fee for the entire period booked shall become due upon enrolment for customers requiring a language visa to enter the country and must be transferred in full after enrolling. After receipt of payment, eduGLOBAl shall issue the confirmation of enrolment for the course and shall send it to the customer via e-mail or post. An additional processing fee of 3.00 EUR for sending by post will be charged.

2. If the visa is denied, eduGLOBAL shall require proof from the relevant German Consulate and, after receiving the written letter of rejection, will reimburse the customer by bank transfer for the previously transferred course fee minus the costs accrued from processing, which are usually 140.00 EUR. It is at the customer’s discretion to prove that no or lower processing costs were accrued. The customer shall bear the costs accrued from the return remittance. If the customer is not able to attend the course for any other reasons, no costs will be reimbursed unless eduGLOBAL is responsible for these reasons.

 

Section 12:Other provisions

1. eduGLOBALand the customer agree to pursue an amicable solution to the assertion of their respective rights; with that, they will take the other party’srespective special situation into consideration.

2. The contract and the rights as per this contract cannot be transferred or assigned without the prior written consent by the non-transferring party. Consent may not be refused unfairly.

3. The contract including these provisions constitutes the entire agreement betweeneduGLOBALand the customer invalidates all previous agreements relating to the subject matter of the contract. There are no ancillary verbal agreements.

4. All amendments, supplements and changes to this contract of any nature, including the provisions, and all disclaimers on any one regulation of the contract including these provisions must be in writing to become valid, if they are not made by an individual agreement directly negotiated between the parties. This (requirement in writing) also particularly applies for the cancellation of the requirement of the written form and the waiver of the requirement of the written form itself. A message via e-mail shall not suffice as observance of the written form. 

5. The contract existing between eduGLOBAL and the customer is subject to the law of the Federal Republic of Germany subject to compulsory regulations under international private law, under the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

6. If the customer is a businessman as defined by Section 1 Para 1 of the German Commercial Code, a corporate body under public law or a special fund under public law, the courts in Karlsruhe shall solely be responsible for all disputes from or in relation to the contractual relationship concerned. In all other cases, eduGLOBAL or the customer can file a case before any court having jurisdiction based on statutory stipulations.

7. If one or more of these General Terms of Business should be or become invalid, this shall normally not affect the validity of the rest of the contract. The parties are obliged in such a case to make an arrangement that comes closest to the economical purpose of the invalid clause and that can be effectively agreed upon. If such an arrangement does not occur, the content of the contract shall be determined by statutory regulations. Contrary to sentence 1 of this Section 7, the contract is only invalid if adhering to it even under due consideration of the change intended as per Sentence 3 and 4 would represent an unreasonable hardship for one party to the contract.

 

Appendix

Disclaimer (only applies for contracts concluded online)

Right of withdrawal

You have the right to withdraw this contract without stating any reasons within 14 days.

The term of withdrawal is fourteen days as of the day of concluding the contract.

In order to exert your right to withdrawal, you must inform us (eduGLOBAL GmbH, Institut für Sprache und Bildung, Erbprinzenstr. 27 und 34, 76133 Karlsruhe, Tel.: +49 (0) 7 21 - 2 03 99 90, Fax: +49 (0) 7 21 - 2 03 99 92, E-mail: info@eduglobal.de) of your decision to withdraw this contract by means of an unambiguous declaration (e.g. a letter sent by post, telefax or e-mail). To this end, you can use the attached sample withdrawal form. This is, however, not officially required.

In order for you to observe the term of withdrawal, it shall suffice for you to send off the notification of your exertion of the right to withdraw before the term of withdrawal expires.

The consequences of withdrawal

If you withdraw this contract, we are obliged to reimburse all the payments we have received from you, including the costs of delivery (with the exception of additional costs resulting from choosing a means of delivery different to the most affordable standard delivery offered by us), without delay and within fourteen days of the day we receive the declaration of the withdrawal from the contract at the latest. We will use the same means of payment for this return payment as you used in the original transaction, unless otherwise expressly agreed upon with you. In no event shall we charge you fees for this return payment.

If you have requested that the services are to begin during the term of withdrawal, you will be obliged to pay us a reasonable amount that corresponds to the share of services already rendered by the time you inform us of the exertion of the right to withdraw, in comparison to the total extent of the services intended in the contract.

 

Sample withdrawal form

(If you wish to withdraw the contract please fill in this form and send it back.)

To

eduGLOBAL GmbH

Institut für Sprache und Bildung

Erbprinzenstr. 27 und 34

76133 Karlsruhe

Fax: +49 (0) 7 21 - 2 03 99 92

E-mail: info@eduglobal.de

 

I/we (*) hereby withdraw the contract concluded by me/us (*) covering the rendering of the following service (*):

 

Ordered on (*)/received on (*)

 

Name of the consumer(s)

 

Address of the consumer(s)

 

Signature consumer (only for notification on paper)

 

Datum

 

(*) Strike out if not appropriate.