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    Conditions

    General Terms of Participation and Payment

    1. Jurisdiction
    The following general terms of participation apply to all contracts concluded between the company F+U Rhein-Main-Neckar gGmbH, Hauptstrasse 1, 69117 Heidelberg - hereafter referred to as F+U - and the participant - hereafter referred to as the participant - concerning language courses and additional services offered by F+U, as well as accommodation (residences and host families) rented through F+U. German law applies; the place of fulfilment and jurisdiction is Heidelberg.

    2. General
    F+U’s educational activities are open to all. If admission requirements apply for a selected course, these must be fulfilled as a prerequisite for participation. The same shall apply in the case of funding in accordance with SGB III (German Civil Code - Sozialgesetzbuch). There is no right to participation. Rooms are only rented out in conjunction with an educational activity booked through F+U.

    3. Regulations for Individual Holiday, Public Holidays, Minimum Participant Numbers

    3.1 Lessons missed due to statutory public holidays may be made up through participation in a module or evening course; to do so, a written request must be submitted at the latest by 14:30, one day before the respective public holiday.

    3.2 Courses are held even if the minimum number of participants (4 people) is not reached. In this case, the number of hours booked will be reduced by 25%. To compensate, participants may additionally join another group course. In exceptional circumstances the maximum number of learners may be exceeded; the participant can choose to take part in another course at the same level.

    3.3 Individual holiday (the booked course will be extended by the length of the holiday period requested in writing):

    a. Intensive courses: Two course weeks (Monday-Friday) per quarter (12 course weeks); request to be received by Wednesday, 14:30, before the start of the individual holiday.

    b. Evening courses: Request to be received at the latest by Friday, 14:30, before the start of the individual holiday.

    c. Individual courses: Request to be received at the latest by 16:00, one day before the scheduled lesson.

    4. Registration and Conclusion of Contract

    4.1 The F+U Rhein-Main-Neckar gGmbH (Academy of Languages) registration form is to be completed for each course and for each rental agreement. With his/her registration, the participant acknowledges and accepts the General Terms of Participation and Payment.

    4.2 The contract between the participant and F+U becomes effective as soon as F+U confirms the registration in writing, by letter, fax or email.

    5. Terms of Payment

    5.1 Fees for the contractually agreed services are payable on receipt of the invoice, and at the latest two weeks before thestart of the course or rental period. The participant bears the cost of all bank charges. In the case of registration less than two weeks before the start of the course, the entire fee is payable immediately on receipt of the invoice.

    5.2 For courses of three months or longer it is possible to agree payment instalments. Rent can be paid on a monthly basis. All instalments must have been paid in full by the end of the course or rental period.

    5.3 The fees and their due date are independent of the actions of third parties.

    5.4 Late payments will incur an administration fee of €5 for each reminder issued.

    5.5 Exceptions may be made in justified individual cases. These must be specified in writing in order to be valid.

    5.6 The amount due can be paid in cash, by EC card, by bank transfer or by credit card (Visa, MasterCard). Transfers should be made to the following account (only after the invoice has been issued): F+U Rhein-Main-Neckar gGmbH; Commerzbank AG; SWIFT-BIC: DRES DE FF 672; IBAN: DE16 6728 0051 0465 418302, Rohrbacher Str. 5-7, 69115 Heidelberg, Germany.

    6. Contract Cancellation and Termination by the Participant

    6.1 The participant can cancel the contract up to 14 days before the start of the course or rental period. The notice period begins at the point of the incoming post at F+U. Written notice of cancellation or termination must be received by F+U’s administration department at Hauptstrasse 1, 69117 Heidelberg.

    6.2 In the case of a valid cancellation, the participant is required to pay only the applicable registration fee and administration fee.

    6.3 The following terms apply for a letter of invitation issued by F+U for the German embassy: Should the visa not be issued, F+U guarantees the refund transfer of payment, less costs incurred, such as postage costs (e.g. DHL), bank charges and an administration fee of €150. The rejection must be documented in an official confirmation presented with the original letter of invitation. Cancellation of the language course after receipt of the visa is only possible when supported by documentation from the German embassy proving that the participant has renounced entry into Germany. If the participant has already entered Germany, cancellation of the course is no longer possible (see 6.4.c and 6.8); for cancellation of accommodation clause 6.4.e shall apply.

    6.4 For cancellations of less than 14 days before the start of the course or rental period (according to the registration confirmation), the following cancellation fees apply:

    a. 13 to 7 days before the start of the course or rental period: €25 plus the registration fee (course); €75 plus the administration fee (rent).

    b. By Friday, 12:00, before the start of the course or rental period: €50 plus the registration fee for the course and €150 plus the administration fee for the rent; after this time period but still before the start of the course or rental period: the registration fee plus the course fee for one week or course month (evening course), or for two teaching hours (individual lesson), as well as the rent for one week, plus the administration fee.

    c. After the course has begun, termination of the course and associated services is only possible in cases specified in law. This does not affect the right to an extraordinary termination of contract.

    d. Even in the event of failure to participate in the course, the full course fee is payable.

    e. After the rental period has begun, termination of the contract is possible with a notice period of four full weeks and payment of a €50 cancellation fee.

    f. For external examinations (TestDaF, TELC, TOEFL®, TOEIC®, LCCI, TestAS, OnSET etc.) the cancellation and fee regulations of the respective licensor shall apply.

    6.5 Teaching staff are not authorised to accept notices of cancellation.

    6.6 For all notice periods, the point of the incoming post at F+U is decisive.

    6.7 If alternative notice periods apply through funding measures or other statutory regulations, these shall take precedence.

    6.8 The above-mentioned reminder and cancellation fees do not affect the participant’s right to establish that either no loss has been incurred by F+U, or that the loss is significantly lower.

    7. Data Protection

    7.1 The collection, processing and use of the participant’s personal data occur exclusively in accordance with the relevant data protection, such as, inter alia, the German Telemedia Act (Telemediengesetz - TMG).

    7.2 Upon registering for a course or rented accommodation, the participant consents to the electronic collection, processing and use of his/her personal data by F+U and, where required, to its forwarding to any applicable funding provider.

    7.3 The consent can be rescinded with future effect at any time, and without stated reason, by letter, fax or email to F+U Rhein-Main-Neckar gGmbH, Hauptstrasse 1, 69117 Heidelberg; fax: +49 6221 23452; email: languages@fuu.de. If the contract is already in effect, the revocation of consent shall only apply upon expiry of the contract.

    8. F+U’s Obligations and Service Provision

    8.1 For the scope of contractual service provision, as well as for the amount of course fees and rent, only the descriptions and price lists specified in the German and English versions of the brochure are authoritative. Additional translations are intended solely for orientation in the respective language.

    8.2 F+U is obliged to ensure the teaching of all skills and knowledge necessary for attainment of the specified learning goal, and also to impart any applicable rules or examination regulations.

    8.3 All F+U language courses are orientated to further training for vocational, scholastic or academic purposes, and may be taken as preparation for a recognised language certificate.

    8.4 Lessons are delivered within the framework of the valid courses offered at the start of the training. F+U reserves the right to make amendments, although the learning goal of the course shall remain unchanged.

    8.5 Should significant changes become necessary before or during the course, these are to be brought to the attention of the participant, in writing.

    8.6 A change of teaching or training staff does not constitute a significant change in this regard.

    8.7 Certificates and letters of confirmation are only issued when all invoices or instalments have been settled.

    8.8 Upon confirmation of registration we guarantee a differentiation of levels according to the European Framework of Reference for Languages as follows: A1, A2, B1, B2, C1, C2. The learner is to inform F+U of his/her language level at the time of the booking.

    9. Obligations of the Participant

    The participant is obliged:

    9.1 To provide timely and complete documentary evidence of fulfilment of admission criteria for the course or examination

    9.2 To abide by the house rules at the learning centre and residence. In particular, the lesson must not be disrupted, equipment and facilities must be handled with care and instructions issued by F+U staff in relation to the house rules must be followed.

    9.3 To acquire the necessary knowledge and skills to achieve the learning goal

    9.4 To participate regularly and punctually in lessons and activities provided for the attainment of the learning goal

    9.5 To comply with the regulations of vocational and school legislation, as well as with the valid training regulations

    9.6 To uphold obligations relating to third party contractual provisions

    9.7 To comply with the obligations resulting from the conclusion of this contract.

    F+U reserves the right to claim compensation for damages arising from infringement of the obligations set out in clauses 9.1 to 9.7.

    10. Exclusion and Cancellation by F+U

    10.1 F+U reserves the right to fully or partially exclude from lessons participants who, whether intentionally or as a result of gross negligence, and following a previous warning, infringe their obligations as a participant.

    10.2 F+U also reserves the right to a unilateral termination of the contract if the participant does not pay fees or rent punctually, exceeds the number of absences permitted by the immigration authorities (course participants requiring a visa), generally disrupts the group lesson or is evidently unable to achieve the stated learning goal. In these cases all outstanding payments become due immediately. There shall be no refund of any amount already paid up to the notice of termination brought about by the actions of the participant. The participant is obliged to settle payment up to the next regular termination deadline.

    11. Miscellaneous

    11.1 F+U does not accept liability for losses that arise for the participant as a result of conclusion of this contract or participation in a training activity. Compensation for damages arising from cancellation, postponement or termination of a course due to shortfall of minimum participant number is excluded. This shall not apply for damages arising from death, personal injury or damage to health as a result of a negligent breach of duty by F+U or due to intentional or negligent breach of duty by a legal representative or vicarious agent. Payments already made will be refunded. If significant contractual obligations (cardinal obligations) are affected, F+U’s liability is restricted to the foreseeable damages typical for this type of contract. Cardinal obligations are those material contractual duties which characterise the contract and whose fulfilment is crucial for the proper performance of the contract and which may permanently be relied upon by the participant.

    11.2 Insofar as F+U is obliged to provide insurance cover, participants are insured against accident through the responsible Administrative Professions Organisation (Verwaltungs-Berufsgenossenschaft) or federal states accident insurer (Unfallkasse der Länder) provided that they can provide evidence of health insurance cover. Accident insurance shall then cover all workplace and commuting accidents relating to the training activity.

    12. Limitation Period
    Termination and cancellation are excluded if more than six weeks have elapsed since the reason for the termination or cancellation.

    13. Ancillary Agreements / Severability Clause

    13.1 Amendments to the contract and ancillary agreements require the written form in order to become valid. This shall also apply to any waiver of the requirement of the written form.

    13.2 Should individual terms of this contract be or become inoperative, this shall not affect the remaining terms of the contract. In this event, the parties agree to replace such provision with a valid provision that comes closest to the intended meaning and the business purposes of the parties.

     

    Status: 01.02.2017

     

     

     


     
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