Preamble

Caprini Sprachwelten, Theaterstrasse 6 and Theaterstraße 11, 97070 Würzburg, offers subscribers various language courses in the Würzburg region. With the help of Caprini Sprachwelten, subscribers can learn various languages, both for private and professional purposes, through well-structured, lively and communicative lessons.

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A. General terms

Sec. 1 Scope

1. The following General Terms and Conditions [“GTCs”] comprehensively govern contract relations between Caprini Sprachwelten and each subscriber. Any general terms and conditions of the subscriber which deviate from or conflict with the present GTCs shall only become part of the Parties’ contract if Caprini Sprachwelten expressly agrees to them in writing in the individual case.

2. Caprini Sprachwelten reserves the right to amend these GTCs at any time without the need to furnish reasons. Subscribers shall be fully informed of amendments in good time, but no later than two weeks before the amendment to the GTCs takes effect. If the subscriber does not object to the amended GTCs within two weeks after receipt of notification of the change, then the amended GTCs shall be deemed accepted. If the subscriber objects to the amended GTCs in a timely manner, then Caprini Sprachwelten shall be entitled to terminate the contract with effect from the date on which the amended GTCs are to come into force or to continue the Parties’ contract on the previous terms and conditions.

3. All prices are quoted as final prices.

 

Sec. 2 Formation of contract/obligations 

1. Each contract is formed upon confirmation by Caprini Sprachwelten after the subscriber has registered either in writing or orally for a language course or language examination. Registration may also be performed online.

2. Registration is binding for subscribers.

3. In the event that any of the subscriber’s relevant data changes, in particular his or her name and/or address and/or other contact details, the subscriber must inform Caprini Sprachwelten unbidden and without delay.

4. The term of the contract is determined by the duration of the course/period of instruction specified in the registration form.

5. The Parties’ right to extraordinary termination for good cause remains unaffected hereby.

 

Sec. 3 Scope of services

1. The scope of services, the start of the course and the course times are governed by the individual course / examination descriptions.

2. Caprini Sprachwelten may change the locations and/or times of lessons for objective reasons, provided this is reasonable to the subscribers.

3. Caprini Sprachwelten reserves the right to hold lessons online if a class cannot be held due to circumstances beyond Caprini Sprachwelten’s control.

 

Sec. 4 Remuneration

1. The amount of remuneration is based on Caprini Sprachwelten’s price list as in effect at the time of registration and Caprini Sprachwelten shall bill the amount thereof to the subscriber.

2. Payment for language courses shall fall due pursuant to the details set out in the individual invoice. As a rule, 50% of the total cost (administrative processing, course examination fees) shall fall due at the time of registration. The remaining 50% shall fall due no later than 14 days before the start of the advertised course. The statutory consequences of default shall apply.

3. Invoiced amounts may be paid by bank transfer or card payment.

 

Sec. 5 Liability

1. Caprini Sprachwelten’s liability is unlimited for losses caused by its intentional act or gross negligence as well as for fraudulent concealment of defects, for assumption of a warranty of quality, for claims based on the Product Liability Act and for injury to life, limb or health.

2. Caprini Sprachwelten shall be liable for other losses only where it breaches a duty of particular significance to the attainment of the purpose of the contract (‘cardinal obligation’).

3. The above rules on liability shall likewise apply to Caprini Sprachwelten’s vicarious agents.

4. In all further and other respects, Caprini Sprachwelten disclaims all liability.

 

Sec. 6 Force majeure

    Caprini Sprachwelten is relieved of the duty to perform its obligations in cases of force majeure. Force majeure is
    defined as all unforeseen events and occurrences whose effects on the performance of a contract are beyond the
    control of either Party. Such events include, in particular, lawful industrial action, including industrial action in
    third-party companies, as well as measures by official bodies.

 

Sec. 7 Vouchers, transferability, redemption period

    Vouchers issued by Caprini Sprachwelten are not personal to the holder and are valid for three years from the date 
    of purchase. Disbursement of the value of a voucher in cash cannot be provided. 

 

Sec. 8 Copyright

1. The working materials for lessons are protected by copyright.

2. Subscribers may not reproduce and/or otherwise distribute the materials provided by Caprini Sprachwelten without its consent.

 

Sec. 9 Use of software

    The programs furnished in connection with the event may not be altered, duplicated, distributed or made publicly
     accessible in any way. Their use is permitted only for proper contractual purposes. In the event of any breach, the
     subscriber shall be liable for any losses incurred.

 

Sec. 10 Internet access

    To the extent that Caprini Sprachwelten provides Internet access, the use of the Internet is permitted exclusively 
    for contractual purposes. In particular, websites with pornographic, racist and/or discriminatory content may not
    be accessed. In the event of any violations, the subscriber shall be liable for any losses incurred.

 

Sec. 11 Final provisions

1. The house rules of Caprini Sprachwelten shall apply on the premises where the lessons and examinations take place.

2. No amendments or addenda to the individual contracts shall be valid unless made in writing; e-mail is sufficient for this purpose. The foregoing also applies to any amendment of this written form clause.

3. In the event any term of this Agreement should be or become invalid during the term of this Agreement, all of the other terms of this Agreement shall remain unaffected and shall continue to apply unchanged. The invalid term shall be replaced by another, permissible term coming the closest in meaning and purpose to the invalid term.

 

B. Special terms and conditions for language courses

Sec. 1 Cancellations

1. As a basic rule, no classes are held on public holidays.

2. Caprini Sprachwelten reserves the right to postpone the start of a language course if a minimum number of subscribers has not subscribed for the course in question. In the event that it is finally determined that the required minimum number of subscribers has not been reached, Caprini Sprachwelten reserves the right to cancel the language course in question.

3. Caprini Sprachwelten reserves the right to postpone individual course dates if the courses cannot be held due to the instructor’s absence. Caprini Sprachwelten may cancel the affected class date with final effect if it cannot be made up and no other lecturer can hold it.

4. If a language course and/or a lesson date cannot be held due to a cancellation by Caprini Sprachwelten, Caprini Sprachwelten shall inform the subscribers immediately.

5. If a language course or a lesson date is cancelled by Caprini Sprachwelten with final effect, Caprini Sprachwelten shall not charge any course fee therefor. Cash reimbursements cannot be provided.

 

Sec. 2 Withdrawal and cancellation

1. Withdrawal by subscribers from courses is possible only subject to the following conditions and only where notice is given in written or electronic form:
   a) Where withdrawal occurs up to 31 days prior to the start of the course, 15% of the invoice amount will be 
        charged.
   b) If withdrawal occurs up to 15 days prior to the start of the course, 30% of the invoice amount will be charged.
   c) If withdrawal occurs from the 14th day until the commencement of the course, 50% of the invoice amount will
       be charged.
   d) After the start of the course, the entire invoice amount will be charged.

2. The amounts remaining, less a processing fee, will be refunded to the subscriber after the notice of withdrawal has become effective. Cash reimbursement cannot be provided.

3. Caprini Sprachwelten’s receipt of the subscriber’s notice of withdrawal shall govern in respect of compliance with the deadlines specified in sub-para. 1 hereof. The respective lecturer is not authorised to accept any notice of withdrawal.

4. Re-booking of a language course is only possible if the prerequisites to withdrawal set out in sub-para. 1 are met and only if a free place is available for the requested language course. In the event of re-booking, the fee paid for the language course for which the subscriber had previously registered (less the registration fee) will be offset against the fee payable for the new language course.

5. In the case of one-on-one lessons, subscribers must cancel the course at least 24 hours before the date in question (by 5.00 pm on weekdays) and a new date must be arranged. Individual lessons cancelled at short notice cannot be made up and will attract a charge. Should the teacher be unable to attend, a substitute will take the lesson if possible. If a substitute cannot be arranged and the appointment has to be cancelled, a catch-up date will be arranged.

 

C. Special terms and conditions for examinations

Sec. 1 General provisions

1. The examination rules of telc gGmbH shall apply.

2. On the date of the examination, the candidate shall take his/her passport along with him/her and present it unbidden.

3. If the candidate is absent, he or she will be deemed to have failed the examination.

 

Sec. 2 Cancellations

1. Exam dates are not flexible.

2. If the candidate cancels an examination date, the entire examination fee will fall due.

3. If an original medical certificate is presented within two working days or if proof if furnished of the reasons for cancellation for which the candidate is not responsible, Caprini Sprachwelten shall refund the examination fees, in derogation from sub-para. 2 hereof, less a EUR 30.00 cancellation fee.

 

Sec. 3 Examination fee 

1. The amount of the examination fee is governed by Caprini Sprachwelten’s price list in force at the time of registration.

2. Examination fees are due immediately upon registration.

3. Candidates will be charged a late registration fee of EUR 14.00 if registration takes place between the deadline specified by Caprini Sprachwelten and the late registration deadline.

 

Sec. 4 Notification of results

1. Assessment of written examinations shall be carried out by telc gGmbH.

2. Upon successful completion of an examination, a certificate shall be issued to the candidate.

3. Candidates who have failed examinations will only receive a results sheet.

4. Caprini Sprachwelten shall forward the results to the candidate. Caprini Sprachwelten does not provide information about exam results by phone.

5. Candidates may only challenge their examination results in writing and only by directing the challenge to telc gGmbH.

 

 

Status: May 2020  

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