​1. Scope, contracting parties, subject of the contract

 

1.1. For all contracts for the participation in language courses (hereinafter: "Course/Courses") from LingoWelt Sprachschule (hereinafter: "LingoWelt") these contractual conditions apply exclusively, which content and basis for the contract for the course participation ("lesson contract") between LingoWelt and the participant (hereinafter: "participant"). Deviating contractual conditions only apply if LingoWelt has expressly agreed to their validity in writing.

 

1.2. LingoWelt offers language courses as part of various language courses, eg German courses, French courses, English courses, Greek courses, Albanian courses, language courses for children, company language courses, integration courses, intensive courses, mobile language courses, online and hybrid courses.

 

2. Contract initiation

 

2.1. Information on the LingoWelt website or in brochures does not constitute a binding offer by LingoWelt to conclude a contract. It serves as an invitation for the participant to submit an offer to participate in the course.

 

2.2. Before registering, LingoWelt participants can receive detailed information about the available courses in a non-binding consultation and request an individual course offer, on the basis of which they can then register. A course offer informs the participant about course details, e.g. course name, course level, course start, course costs, any prerequisites for participation and any personal evidence to be submitted (e.g. an A1 certificate when registering for a B1 course or a placement test) as well as these contractual conditions. A course offer by LingoWelt is non-binding and does not constitute an offer to conclude a contract. There is no entitlement to the transmission of an individual course offer.

 

3. Registration, conclusion of contract

 

3.1. In order to take part in LingoWelt courses, the participant must register and receive confirmation of acceptance from LingoWelt. The binding registration by the participant can be made verbally, in writing, electronically (by e-mail or online), by fax or by post. It is recommended that the signed tuition contract, which is sent to the participant with the course offer by LingoWelt, is sent back to LingoWelt via e-mail. By submitting the signed teaching contract to LingoWelt, the participant offers LingoWelt the conclusion of a binding contract for course participation. The registration of the participant takes place on the basis of the course offer contained in the course contract, all information available to the participant at the time of registration and acceptance of these contractual conditions. If you register by phone, LingoWelt will usually send you a confirmation via email. However, this is not a prerequisite for an effective contract conclusion.

 

3.2. When registering minors, the signature of a legal representative of the minor on the registration or the attachment of a written declaration of consent from a legal representative of the minor 2 is required for the registration to be binding. The participant or his representative is responsible for all contractual obligations of other participants (e.g. partners, children, friends, employees) for whom he registers as for his own obligations, insofar as he has committed himself to do so. The same applies to persons registering third parties, such as employers or companies registering for one or more employees.

 

3.3. LingoWelt will decide, at its sole discretion, whether the participant is eligible for the desired course and whether the participant's registration is accepted. When registering persons who are not registered with the police in Germany, LingoWelt reserves the right to request a course registration from a third person residing in Germany or a SEPA direct debit mandate.

 

3.4. The participant's registration is accepted when LingoWelt sends a confirmation of registration in text form to the participant or their representative on a permanent data medium (e.g. via e-mail), whereby the contract for the course participation becomes binding. Even in the case of contracts concluded outside of business premises, the confirmation of registration will only be sent in paper form if the participant expressly requests it. The registration confirmation from LingoWelt contains the payment schedule along with payment terms. If LingoWelt does not confirm the registration within 7 days of the participant registering, the participant is no longer bound to his registration. A later acceptance by LingoWelt counts as a new offer, with which LingoWelt offers course participation subject to deviations. LingoWelt is bound to this offer for 7 working days. If the participant does not accept this changed offer within 7 working days, the offer expires and no contract for course participation is concluded. Acceptance can be made by express declaration by the participant or by transfer of the deposit.

 

3.5. If LingoWelt can only offer participation with deviations from the participant's registration, the participant will receive a registration confirmation with reference to the deviations. The registration confirmation that differs from the registration is considered a new offer with which LingoWelt offers course participation with deviations. LingoWelt is bound to this offer for 7 working days. If the participant does not accept this changed offer within 7 working days, the offer expires and no contract for course participation is concluded. Acceptance can be made by express declaration by the participant or by transfer of the deposit.

 

3.6. The participant or his representative must immediately check the correctness of the personal data contained in the registration confirmation and the information on the course and report any errors (e.g. a misspelled name) to LingoWelt immediately. In particular, it must be ensured that the e-mail address provided is correct and able to receive e-mails without restrictions. If spam filters are used, the possibility of delivery must be ensured. Failure to do so could be counted as contributory negligence.

 

3.7. In the case of distance contracts (e.g. conclusion of a contract via e-mail, telephone, internet), the participant has no statutory right of withdrawal, even if he registers as a consumer, since participation in the LingoWelt courses provides for a specific period of time, which requires the provision of limited capacities ( §§ 312g Paragraph 2 No. 9, 312 Paragraph 7 BGB). This also applies to online and hybrid courses, since LingoWelt also only runs these courses with a limited number of participants in order to ensure individual support and addressing. Unless otherwise agreed, the total number of participants is limited to 12 participants. However, the contract can be revoked by 3 consumers in exceptional cases if the contract was concluded with the simultaneous presence of the contracting parties outside the business premises of LingoWelt (e.g. private apartment, doorstep selling) (§ 312 Paragraph 7, 312g Paragraph 1 BGB). There is no right of withdrawal if the oral negotiations on which the conclusion of the contract is based were conducted on the consumer's previous order (ie on his initiative) (§ 312 Paragraph 7 BGB). A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed (§ 13 BGB). Anyone who acts in the exercise of their commercial or self-employed professional activity (e.g. in the context of employee or company courses) is not a consumer.

 

3.8. The participant is entitled to the contractual rights of withdrawal in accordance with these contractual conditions.

 

4. Scope of services, contractual obligations of LingoWelt

 

4.1. The specific scope of services (type, duration, scope of the course) is determined by the individual agreements made in the course contract during registration based on the course offer.

 

4.2. LingoWelt will ensure that the contractually agreed services are procured, in particular that the contractually specified lessons and the teaching of language skills will be offered and the participant will be able to participate in a regulated manner.

 

4.3. A specific success of the course (e.g. achieving a specific language level) or a specific type or quality of service is only owed if this is expressly guaranteed by LingoWelt.

 

5. Composition of participants, minimum number of participants

 

5.1. There is no entitlement to a certain number of participants or a certain (e.g. national) composition of the participants.

 

5.2. The applicable minimum number of participants will be recorded in the registration documents. Unless otherwise agreed, a minimum of 8 participants applies. If the minimum number of participants is not reached, LingoWelt is entitled to withdraw from the contract in accordance with these contractual conditions (see Section 13.3).

 

6. Changes in service (“course adjustments”) by LingoWelt

 

6.1. LingoWelt reserves the right to unilaterally change or deviate from agreed services if the change or deviation is objectively justified due to circumstances occurring after the conclusion of the contract and which LingoWelt cannot influence or foresee and is reasonable for the participant, taking into account the interests of LingoWelt.

 

6.2. In particular, the following are considered reasonable: Minor changes or deviations with regard to teachers or classrooms that have already been promised, as long as the overall design of the course is not impaired. 4

 

6.3. LingoWelt will inform the participant in a clear and comprehensible manner about the contract change and a possibly lower course price as a result immediately after learning of the reason for the change.

 

6.4. In the event of unreasonable changes in service that affect the entire course, the participant is entitled to withdraw from the contract immediately after becoming aware of the change in service, with reimbursement of course fees paid, or to transfer to another course, taking full credit for the course fees paid, if one is offered. If only individual course units are affected by unreasonable service changes, there is only a claim for reimbursement with regard to pro rata course fees or a right to rebook individual units, but no right of withdrawal.

 

7. Conditions and restrictions ("Corona Clause")

 

7.1. The participant is advised that LingoWelt will always provide the contractually agreed services in compliance with official and legal requirements.

 

7.2. The participant will observe official and legal requirements when using the contractual services. In the event of restrictions on contractual services, in particular due to pandemics (e.g. corona pandemic), the participant will accept appropriate and reasonable course adjustments. If this is unacceptable, the participant is entitled to withdraw from the contract with reimbursement of course fees paid or to transfer to another course with full credit for the course fees paid.

 

8. Duties of the participant to cooperate and conduct, warranty and setting of deadlines

 

8.1. The participant undertakes to appear on time and punctually for lessons, to attend the course without disruption and to pay the contractually agreed remuneration on time.

 

8.2. If there are defects in the contractually agreed services, the participant is entitled to the statutory warranty rights after he has set LingoWelt a reasonable period of time for rectification or supplementary performance and this has failed or expired unsuccessfully despite two attempts. If a defect is only insignificant, warranty claims are excluded.

 

9. Method of Payment

 

9.1. The payment of the agreed remuneration is made in stages through monthly course fees, which are payable monthly over the entire course period at the latest on the 15th working day of the month preceding the current course month. If there are less than 14 days between registration and the start of the course, the course fee for the first month of the course is due for payment immediately.

 

9.2. The participant will receive a total invoice and payment plan with the confirmation of registration.

 

9.3. LingoWelt does not require any down payments on the course fee to be paid. However, the participant is free to voluntarily pay the entire course fee before the course begins. Upon request, the participant will receive a receipt for full payment of the course fee, which may be required to obtain a visa, for example. 5

 

9.4. If the participant is in default of payment, LingoWelt is entitled to withdraw from the contract and to claim damages after the due date, reminder and setting of a deadline. This does not apply if LingoWelt itself is not willing and able to properly provide the contractually agreed service or if the participant has a statutory or contractual right of retention.

 

9.5. If compensation is to be paid in accordance with section 12 after the participant has withdrawn, this compensation payment will be offset against payments already made. Differences are due immediately after invoicing.

 

10. Term and Termination

 

10.1. The duration of the course is determined by the number of course months required for the desired course success and is recorded in the course contract.

 

10.2. During an agreed course period of a maximum of 6 months, there is a contractual obligation within which the contract cannot be terminated prematurely.

 

10.3. In the case of courses with an indefinite duration or a term of more than 6 months (“permanent courses”), both contracting parties have an ordinary right of termination at the end of the first half-year of the course and subsequently at the end of each quarter, each with a two-month notice period at the end of the half-year or quarter. Example: If a course starts on 01.01. he is for the first time on 30.06. cancellable (cancellation until April 30th). After that he is on 30.09. (Termination until July 30th), December 31st. (cancellation until 31.10.), 31.03. (cancellation until 31.01.) and 30.06. (Cancellation until April 30th) can be terminated properly.

 

10.4. Both contracting parties reserve the right to extraordinary termination for important reasons in accordance with §§ 626 ff. BGB if the continuation of the teaching contract appears unreasonable for the terminating party.

 

11. Non-attendance of the course or individual course units by the participant

 

11.1. If a participant does not use individual course units or does not use them in full for reasons that lie solely within the sphere of the participant (e.g. personal impediment, delay due to traffic jams, etc.) and for which LingoWelt is not responsible, there is no entitlement to a proportionate reimbursement of payments, Exemption from the obligation to perform or making up for missed course units, provided that LingoWelt was willing to provide the service properly and there is no case of force majeure or an urgent important reason. Force majeure is an unforeseen, external event that the parties cannot control or be responsible for, such as natural disasters, political unrest, strikes, acts of terrorism, pandemics.

 

11.2. If the course unit is demonstrably canceled by the participant (e.g. medical certificate) for compelling reasons, LingoWelt will endeavor to offer a suitable alternative date if the course is canceled at least 24 hours before the start of the course. There is no right to reimbursement of payments made. In the case of group lessons, unused course units are omitted.

 

11.3. The course or individual course units can be transferred to a substitute participant in coordination with LingoWelt. LingoWelt can only reject the substitute participant for legitimate reasons (e.g. unsuitable level of performance, dubious solvency). 6

 

12. Cancellation by the participant before the start of the course, compensation for cancellation

 

12.1. The participant can withdraw from the contract at any time before the start of the course. It is recommended to declare the withdrawal in writing or via e-mail.

 

12.2. If the participant withdraws from the contract before the start of the course or does not appear for the course, LingoWelt loses the right to the agreed course price, but can demand reasonable compensation for the precautions taken and expenses, insofar as the withdrawal of the participant is not the responsibility of LingoWelt and/or not due to disruption of the business basis or as a result of force majeure.

 

12.3. The compensation is calculated taking into account the expenses saved and less what LingoWelt acquires through other use of the service, and LingoWelt must specifically quantify and prove it.

 

12.4. Payments made on the course price, which exceed the compensation to be paid, will be repaid by LingoWelt immediately after the withdrawal.

 

13. Withdrawal by LingoWelt, course cancellations

 

13.1. LingoWelt can withdraw from the contract before the start of the course if LingoWelt is prevented from fulfilling the contract due to disruption to the business basis or due to force majeure (section 11.1). LingoWelt has to declare the withdrawal immediately after becoming aware of the reason for the withdrawal. In the event of withdrawal, the participant is entitled to a refund of any payments already made on the course price, but is not entitled to additional compensation.

 

13.2. If the course cannot take place for an important reason (e.g. illness, accident of the course instructor, technical faults), the course may be postponed. At its discretion, LingoWelt will alternatively offer the course in the form of online course units. LingoWelt will inform the participant about this immediately after learning the reason.

 

13.3. In this case, the participant has the right to choose to take part in another course or withdraw from the course and have payments already made reimbursed. The participant will notify LingoWelt of his or her choice immediately after learning about the cancellation of the course.

 

13.4. If the minimum number of participants (section 5.2) is not reached, LingoWelt is entitled to cancel the course without replacement or compensation. LingoWelt will inform you as soon as it becomes apparent that the minimum number of participants cannot be reached. LingoWelt will immediately refund payments already made, unless the participant wishes to take part in another equivalent course ("substitute course") for which LingoWelt can offer capacity. In this case, payments already made will be offset against the costs for the replacement course. Overpayments will be refunded to the participant immediately.

 

13.5. Together with the cancellation due to not reaching the minimum number of participants, LingoWelt can offer the participant a course with a reduced number of participants, number of hours or group size ("lesson consolidation"). The participant can accept the offer for lesson consolidation within a period of usually 3 days specified in the offer. If the participant does not accept the offer, the course is considered cancelled. The reimbursement of payments already made is based on the above paragraph. 7

 

14. Exclusion of the participant from the contractual services

 

14.1. If the participant violates his contractual obligations or disturbs the course to such an extent that LingoWelt is unable to continue the contractual relationship, taking into account all the circumstances of the individual case and weighing the interests of both parties, in particular LingoWelt's protection and due diligence obligations towards other participants, until the agreed termination of the course can no longer be expected, LingoWelt has the right to exclude the participant from further contractual services after an unsuccessful warning. In this case, LingoWelt retains the right to the course price, taking into account the value of saved expenses, reimbursements or services from other use of the service.

 

14.2. The participant retains the right to extraordinary termination.

 

15. Limitation of Liability

 

15.1. LingoWelt is liable for intentional and grossly negligent breach of duty as well as for damage due to injury to life, limb or health. This also applies to intentional or grossly negligent breaches of duty by legal representatives and vicarious agents of LingoWelt.

 

15.2. In the event of a slightly negligent breach of duty, LingoWelt is only liable in the event of a breach of essential contractual obligations that make the proper fulfillment of the contract possible and on compliance with which the participant may rely. LingoWelt is only liable to a limited extent for the damage that was foreseeable and typical for the contract at the time the contract was concluded, but no more than the amount of the full course price. This also applies to slightly negligent breaches of duty by legal representatives and vicarious agents of LingoWelt. This limitation of liability does not apply to damage due to injury to life, limb or health.

 

15.3. LingoWelt is only liable for damage resulting from the participant's disregard of contractual obligations if LingoWelt has culpably violated its own information obligations.

 

15.4. LingoWelt is also not liable for the timely application or issuance of visas if LingoWelt invited the participant or issued proof of payment (see Section 9.3) for this, unless LingoWelt culpably violated its own contractual obligations in this regard.

 

16. Privacy

 

Personal data provided by the participant will be processed and used electronically insofar as they are necessary for the execution of the contract. All personal data will be processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data, on the free movement of such data and repealing Directive 95/46/EC ( "General Data Protection Regulation") and processed in accordance with the applicable data protection regulations. Further information on the handling of personal data can be found in LingoWelt's data protection declaration on the LingoWelt website. 8th

 

17. Governing Law and Final Provisions

 

17.1. This contractual relationship, including the form in which it came about and all rights and obligations arising from it, is subject to German law insofar as the participant has his habitual residence in Germany, in another EU member state or in Switzerland. In this case, mandatory protective regulations of the state in which the participant has his habitual residence remain applicable, provided he is not acting in the exercise of his commercial or self-employed professional activity. If the participant does not have his habitual residence in a member state of the EU or Switzerland, the law at the registered office of LingoWelt applies.

 

17.2. Should individual provisions of this agreement be wholly or partially invalid or unenforceable, this shall not affect the validity of the remainder of this agreement.

 

© These contractual conditions are protected by copyright. Lawyer, Vandersanden law firm, info@kanzlei-vandersanden.de, 10/2022 (D306-22).

 

Contractual partner is LingoWelt:

 

Company name and company name: LingoWelt Sprachschule

Address: Scheffelstr. 2, 78224 Singen (Hohentwiel)

Management: Owner Besar Dragovoja

Email: info@lingowelt.de

Website: www.lingowelt.de