Conditions of Participation

1. General Requirements

For the sake of readability, we have decided to use the generic masculene. All masculine designations will, of course, refer to women and people of different genders also. The following general terms and conditions (herinafter “GTC”) shall govern the contractual relationship between speak+write gGmbH (herinafter speak+write) and persons or companies (herinafter “Customer”) for whom speak+write provides German courses and other related services in Germany. If the customer does not personally utilise the services of speak+write, the provisions shall apply accordingly to the recipient of the services (e.g. course participant).

Course participants are asked to observe the entry regulations and conditions of residence and, if necessary, to contact a German Embassy before entering the Federal Republic of Germany. Please take into consideration that when registering for a course, your visa application process may take several months to be fully processed.

2. Performances and Fees

The course fees and the scope of performance are effective as offered in the respective folders at the date of application.

3. Enrollment and Terms of Payment

3.1. By registering for a course, the customer submits a binding contractual offer (hereinafter “booking”). The custumer should use our registration forms or speak+write/CDC online booking procedures. Other types of registration must always be interpreted as referring to speak+write current range of offers as described in speak+write/CDC officiall advertising materials.

The customer is obliged to provide the personal datat required for the preparation of the contract in a truthfull manner at the time of registation.

3.2. Bookings for persons with health restrictions that could affect the provision of the booked services e.g. allergies, must contain the express personal declaration of this person, stating that they consent to the necessary processing of their health data taking into account speak+write’s data protection (herinafter “Health Consent”); otherwise speak+write shall not be authorisised to use the required health data. In this case, the booking or the contract shall only become effective upon speak+write recieving the Health Consent.

3.3. Bookings made by minors must be submitted or confirmed by legal guardians. In the case of minors, a written declaration of authorisation from legal guardians (herinafter “Parental Declaration”) is also required. In this case, the booking or contract shall only become effective when speak+write recieves the required confirmation from the legal guardians and the Parental Declaration.

3.4. speak+write may accept a booking within 10 working days upon receipt. speak+write shall declare its binding acceptance with an order confirmation in writing or an electronic format suitable for permanent reproduktion; if no order confirmation is issued, no contract shall be deemed concluded and there shall be no entitlement to a booked service.

3.5. In the case of bookings that have been made through agencies, a contract shall only be concluded between speak+write and the agency, speak+write shall not be responsible for any contractual arrangements between the agency and its customers. A boolking shall become binding when speak+write confirms the order. In the abscense of the required confirmation from the legal Guardians, Parental Declaration or health Consent, the booking or the contract with the agency , in respect  of the participant concerned, shall be subject to the condition precedent of receipt of the relevant declarations and shall only become effective upon their receipt by speak+write.

3.6. The number of participants in the courses is set to a minimum of 6 and a maximum of 15. Please not that if the minimum number of partificants is not reached, we reserve the rihjt to cancel any group courses up to 4 weeks prior to commemcement of the course. If the course takes place even though the minimum number of participants has not been reached, the weekly lessons shall be reduced as follows: for 3-5 Participants, 15 training units instead of 20 TU shall be thought per week, and for 1-2 participants 10 TU instead of 20 TU per week in the case of standard courses.

3.7. The customer will always recieve an invoice together with the order confirmation. Invoices from speak+write are issued in EUR (€) and shall be payable immidiatly

3.8. For those services that have been booked with a maximum duration of three months, the full fee shall be payed in one payment; for booked services with a longer duration, the fee for the first 3 months shall be paid as shown in the invoice. Payment  must be credited in the speak+write account specified in the order confirmation/Invoice no later than 4 weeks prior to the commencement of the course. For bookings with a duration of more than 3 months, the fee shall be paid monthly from the 4th month onwards in the instalments indicated on the invoice. The monthly installments must be credited to the speak+write account specified in the order Confirmation/Invoice by the 15th of the previous month at the latest.

3.9. Payments must be made ba bank transfer to the speak+write account stated in the order confirmation/Invoice no later that 4 weeks prior to the start of the course, or immidiatly in the case of later bookings. Payment by a payment service provider (for a fee, if applicable) and cash payment ar also possible within the same payment periods.

3.10. Detailed information on the course, accomodation and other booked services will only be provided after speak+write has recieved full payment.

Please note: Without full payment of all invoice amounts due, there shall be no entitlement to recieve the services that have been booked.

3.11. All bank charges due in connection with the course fee payment are at the expense of the course participant.

4. Course changes

Services that have been booked may only be changed free of charge in favour of a higher-value offer. Any other change to a booking is possible up to 2 weeks prior to commencement of the course and at a processing fee of € 50. A later change to the booking is only possible by cancellation/revocation in accordance with these GTC and simultaneous re-registration..

5. Right of revocation

5.1.Customers are entitled to a right of revocation in accordance with the revocation policy at the end of these GTA, if

. they are defined as “consumers” in accordance with section 13 German Civil Code(BGB),

. the booking is made directly with speak+write, i.e. not via an agency, and

. has been made using means of long distance communication (such as letter, fax, email,    online booking, telephone) or outside speak+write business premises or the customers have been contacted personally by speak+write outside the business premises.

6. Right of cancellation

6.1. After expiry of the revocation period, the custumers shall be granted a contractual right of cancellation under the conditions of this section. Cancellationshall always require declaration in writing (e.g. email). A non-appearance at the start of the course shall not constitute cancellation.

Cancellation of a course, accomodation booking or other booked services is possible before the start of the course for the following fees.

. A processing fee of € 150 shall be charged for cancellations up to 31 days before the

start of the course.

. Up to 15 days before the start of the course,the cancellation fee is 30% of the price of all

booked services, but shall be not less than € 150

. If the course is cancelled within 14 days before the start of the course, 50% of the price

of the course will be charged, but shall be not less than €150.

The date of the comenncement of the course shall be the date of the start of the course stated in the order confirmation/Invoice or the start of the term of the agreed accomodation service respectively.

6.2. if, for whatever reason, the customer is unable to make use of the booked services at the start of the course, they must inform speak+write immidiatly, at the latest 48 hours after the scheduled start of the course.section 6.3 shall apply with regard to the missed lessons. speak+write shall endeavour to rebook the course in consolation with the customer if necessary.

Please note that there often is a high demand for courseds and accomodations. In the interest of all customers in optimising the use of available resources, speak+write therefore reserves the right to reallocate the course place and /or booked accomodation of the customer in the event that the customer does not turn up at the start of the course without notification in accordance with sentence 1 and does not contacr speak+write within a grace period set by speak+write in writing with notification of the reallocation of the booked servoces.

In this case, too, the customer my still make use of the booked services until the scheduled end of the booked course by notifying speak+write; however, speak+write may assign the customer another course with similar learning content and level and/or other accomodation of the agreed type. The customer must grant speak+write a reasonable organisational lead time for this.

speak+write’s claim to reimbursement remains unaffected in the event of the customer failing to appear at the commencement of the course. If speak+write is not notified in good time in accordance with sentence 1, speak+write shall be entitled to charge an additional processing fee of € 150 for the additional organisational costs incurred as a result. If the booked sevices are not utilised by the customer by the scheduled end of the course and could be used by speak+write for other purpose in accordance with Paragraph 2, spesak+write shall reimburse the customer for the amount paid after the end of the course on a pro rata basis in the amount of the proceeds generated by the other use of the booked service, with the deduction of the processing fee amount to €150 in accordance with section 6 and the additional processing fee of € 150 in accordance with section 6 too. Mandatory statutory reimbursment claims made by the customer shall remain unaffected.

In the case of cancellation, the customer reserves the right to prove that speak+write has suffered less damage as a result of the cancellation.

6.3. Examinations can be cancelled free of charge up to the regsitrationdeadline of the respective training center. Tereafter, the exanimation fee will be charged in full.

 

7. Accommodation

7.1. For the booked accommodation services the current rent charge and agency fee at the time of the course is payable before the beginning of the course together with the advance payment for enrollment. This rent includes all of the additional expenses such as heating and electricity.

7.2. The reserved accommodations will be available at 8:30 am on Arrival day and must be vacated by 3:00 pm on the last day of courses.

7.3. Accommodation is provided for an entire course period in accordance with current course dates, at the full rental amount.

7.4. S + W speak + write will try to provide the desired accommodation variants within our capacity to do so, however there will be no given guarantee to any specialized accommodation. Additionally, the guarantee for an accomodation perishes, if the payment is not conducted untill two weeks before course starts.

7.5. Accommodation varies from single rooms in host families to single or double rooms as well as apartments with included cooking facilities and bathroom.

7.6. A change of accommodations is not available upon request during the duration of the course period. A request for a change of accommodations must be presented at least one week before the end of the current course period and is dependent on vacancies.

7.7. When a change of accommodation based on the request of the participant is made possible, a final, additional, cleaning fee is due.

7.8. The procured accommodations are under the contractual relationship between S + W speak + write and the course participant. The respective house rules are applicable.

8. Arrival

If the customer have booked accomodation, they shall inform speak+write of their arrival time at least one week prior to arrival. When booking private accomodation, the host shall also be informed accordingly. The scheduled date of arrival is on the first course day between 8.00 am and 10.00 am. An early arrival is not possible. Participants unable to arrive at that date must inform S + W speak + write accordingly. For our organization we require the travel dates with specified arrival time in Marburg.

9. Obligations of the Participant

9.1.All customers are expected to behave in an impeccable and disciplined manner towards landlords, flatmates, other course participants and all speak+write employees. speak+write reserves the right to terminate the contract without notice in the event of gross violations of the applicable rules, customs or school/house rules. In the event of undisciplined behaviour, as well as violations of German law (e.g. theft, drug abuse, damage to property and personal injury, illegal downloads), speak+write reserves the right to immidiatly exclude customers from the course or program. The costs of early departure shall be borne by the customer or their legal guardian. No refunds will be granted by speak+write.

In the rooms of the institute the house rules must be complied with.

9.2. The course fee does not include any insurance coverage. Please note that proof of health and personal liability insurance is mandatory for all participants. S + W speak + write assumes no liability whatsoever for any losses and/or damages of property or injuries of persons. Therefor the liability of S+W speak +write remains unaffected by any damages caused intentionally or negligently by S+W speak +write or its employees.

9.3. Minor participants require a declaration from their statutory representative for complete assumption of liability.

9. Liability of S + W speak + write

9.1. S + W speak + write is not liable for any course not taking place due to influences beyond its control. Courses take place if the minimum number of 5 participants is reached. The maximum number of participants per course is limited to 15 students. speak + write reserves the right to put together individual courses under linguistic aspects or to cancel already confirmed courses for important reasons. In such case, the paid fee is reimbursed.

9.2. Classes are not held on any holidays.

10. Institutions

Special contractual regulations and terms of payment apply to institutions.

11. Governing Law and Venue

11.1. This contract is governed by German Law.

11.2. Marburg is stipulated as place of venue.

The conditions for course participation come into effect on 20/09/2021, last change: 07.03.2024