General Terms and Conditions for German Courses of “DeutschAkademie” Sprachschule GmbH
All personal expressions in these General Terms and Conditions apply equally to women and men.
1. Area of application
These General Terms and Conditions of “DeutschAkademie” Sprachschule GmbH, FN 266449 m, Opernring 1, A-1010 Vienna, (hereinafter referred to as “DeutschAkademie”), shall apply as the binding basis for all contractual relationships of DeutschAkademie with persons who, as customers (hereinafter referred to as “Customers”), make use of services provided by DeutschAkademie, in particular German courses organized by DeutschAkademie.
2. German course registration
For the purpose of booking German courses, DeutschAkademie provides registration forms in its business premises and as an online form on its website at www.deutschakademie.com. After completing and submitting or handing over the registration form to DeutschAkademie, the customer will be sent a placement test to determine the respective course level, if the customer’s course level has not yet been determined. After completion and submission of the placement test to DeutschAkademie, the customer is required to take an additional oral test to evaluate the placement test and to finally determine the respective course level. For customers who register from abroad and for whom it is not possible to be present on site, the evaluation of the placement test and the final determination of the respective course level will be carried out by means of an oral test conducted by telephone, with a possible request for further information and documents. After the final determination of the course level, the customer receives a reservation confirmation for a German course including payment information for the course fee.
If a placement in a course level is not possible, the customer will not receive a reservation confirmation from DeutschAkademie, but a recommendation and an offer to book individual lessons. After full payment, the customer will receive an invoice for the course fee, which is also considered a legally binding booking confirmation. Customers who require a visa are recommended to register at least 6 (six) weeks before the start of the German course.
Right of withdrawal for consumers in the case of distance contracts and contracts concluded away from business premises – withdrawal instructions
Right of withdrawal
The customer has the right to withdraw from the contract within 14 (fourteen) days from the day of the conclusion of the contract without giving reasons. In order to exercise the right of withdrawal, the Customer shall inform DeutschAkademie (by postal mail to “DeutschAkademie” Sprachschule GmbH, Opernring 1/Stiege E, A-1010 Vienna, or by e-mail to firstname.lastname@example.org), by means of a clear declaration of his/her decision to withdraw from the contract. For this purpose, the customer may use the sample withdrawal form attached below in this item, the use of which, however, is not mandatory. If this option is used, DeutschAkademie will immediately send the customer a confirmation of receipt of the withdrawal. In order to comply with the withdrawal deadline, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the expiry of the withdrawal deadline.
Consequences of the withdrawal
If the customer withdraws from the contract, DeutschAkademie shall repay all payments already received from the customer without delay and at the latest within 14 (fourteen) days from the day on which DeutschAkademie received the notification of withdrawal from the contract. For the repayment, DeutschAkademie shall use the same means of payment that the customer used for the original payment, unless expressly agreed otherwise with the customer.
If the customer has requested that the services of DeutschAkademie should already begin during the withdrawal period, the customer shall pay DeutschAkademie the aliquot course fee for services already used.
The right of withdrawal shall only apply to consumers and only in the case of contracts concluded away from business premises and in the context of so-called distance contracts, i.e. contracts in which the entrepreneur or a person acting in his name or on his behalf and the consumer exclusively use means of distance communication for the contract negotiations and the conclusion of the contract, unless the conclusion of the contract does not take place in the context of a distribution or service system organized for distance sales. Means of distance communication are all means of communication that can be used to initiate or conclude a contract without the parties to the contract being physically present at the same time.
Sample withdrawal form
“DeutschAkademie” language school GmbH
Opernring 1/Staircase E
or by e-mail to email@example.com
I hereby cancel the booking of the German course with the designation (*) from (*) to (*) according to the booking from (*).
Name of the customer: (*)
Address of the customer: (*)
Signature of the customer: ___________________________________________________
The course fee can be paid either in cash at the DeutschAkademie office or by bank transfer to the DeutschAkademie account at Erste Bank der oesterreichischen Sparkassen AG, Graben 21, A-1010 Vienna, IBAN: AT13 2011 1000 3397 3113, BIC: GIBAATWWXXX. The date of payment as well as the possible method of payment will be bindingly stated in the reservation confirmation. All payments have to be made free of charge for the recipient.
4. German course reservation
The reservation of a place in a German course of the DeutschAkademie at a certain date is only possible after the course level has been determined and the course fee has been paid in full.
5. Cancellation of German courses
Cancellation of a German course after expiration of any legal right of withdrawal according to section 2 is only permitted up to 14 (fourteen) days before the start of the course. In the case of cancellation, the customer will receive a refund of the course fee paid to DeutschAkademie, minus any accrued bank charges and a processing fee of EUR 30,00. The processing fee is waived for the first timely cancellation by a customer. For remittances of course fees to countries outside the Single Euro Payments Area (SEPA), a processing fee of EUR 40.00 will be charged for the first timely cancellation by a customer.
6. Rebooking of German courses
A rebooking of a German course is also possible up to 14 (fourteen) days before the start of the course. The customer will be charged a processing fee of EUR 30.00 for the rebooking. The processing fee is waived for the first rebooking made by a customer in due time.
7. Booking of follow-up courses
The booking of follow-up courses after already having participated in a German course of the DeutschAkademie takes place as described in section 2. An automatic reservation of a course place will not be made.
The DeutschAkademie supports customers in obtaining visas by sending the invoice for the course fee including confirmation of payment to the Austrian representative authority (embassy or consulate) of the customer’s home country. Should the customer finally not be granted a visa, DeutschAkademie will cancel the booked German course and refund the payments made by the customer, however, minus any bank transfer fees and cash expenses (e.g. costs for the transmission of documents) as well as a processing fee of EUR 40,00. For this purpose, the customer must send a copy of the letter of refusal from the respective Austrian representative authority (embassy or consulate) of the customer’s home country to DeutschAkademie, which must be received at least 7 (seven) days before the start of the course. The cancellation according to this section 8 is subject to a legal right of withdrawal according to section 2.
The DeutschAkademie is liable to customers and vice versa customers are liable to the DeutschAkademie for all damages culpably caused in the course of participation in German courses to the extent of the applicable legal provisions.
10. Minimum number of participants
The minimum number of participants in a German course is 7 (seven), unless otherwise stated for the respective course format on the homepage. If the minimum number of participants in a German course is not reached, DeutschAkademie reserves the right not to hold the German course in question for cost recovery reasons. Course fees already paid will be returned to the customer in full.
11. Underage customers
Underage customers under the age of 16 (sixteen) cannot register for a German course at DeutschAkademie. The customer participating in the German course must be at least 16 (sixteen) years old.
12. Public holidays
Unless otherwise agreed, no German course will take place on public holidays in Austria. Any German course that is cancelled will not be made up at another time and will not be reimbursed.
In case of irregular attendance of the German course by the customer, no refund of the course fee or extension of the German course is possible.
14. Cancellation insurance
In the course of booking a German course with DeutschAkademie according to section 2, it is possible to take out the following cancellation insurance:
- Cancellation insurance until the beginning of the course: the cost of the cancellation insurance is 3% of the total course fee and allows the customer to cancel the German course up to the day the course begins and receive a refund of the course fee already paid if the customer is prevented from attending the German course due to illness or the illness of a family member.
- Cancellation insurance after the beginning of the course: The cost of the cancellation insurance is 10% of the total course fee and allows the customer to cancel the German course even while the German course is still in progress and to receive an aliquot refund of the course fee already paid if the customer is prevented from attending the German course due to illness or the illness or death of a family member or for professional reasons.
The customer must prove to DeutschAkademie that he/she is prevented from attending the course due to illness or death of a family member or due to professional reasons by submitting a medical certificate confirming the illness or a confirmation from the employer stating that the customer is prevented from attending the course due to professional reasons. Confirmations submitted to DeutschAkademie must be written in German or English or translated. Travel expenses and other costs incurred by the customer will not be covered. Cancellation according to this section 14 is subject to a legal right of withdrawal according to section 2.
15. Course books and course material
Course books, documentation, other course material and certificates are not included in the course fee and must be paid separately by the customer.
16. Use of data
Changes and additions to these General Terms and Conditions made by DeutschAkademie require written notification to the customer as well as the customer’s informal consent in order to be effective.
Should any section of these General Terms and Conditions be or become legally invalid, the remaining provisions contained therein shall remain in full force and effect. Printing and translation errors excepted.
Austrian law shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and international rules of reference. As far as no other mandatory jurisdiction is given by law, the place of jurisdiction is the registered office of DeutschAkademie in Vienna. For customers who are consumers, the consumer jurisdiction pursuant to § 14 KSchG, as amended from time to time, shall apply.