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    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 (Branch: Friedrichstraße 194-199,
    10117 Berlin) - hereafter referred to as F+U - and the
    participant- concerning language courses and additional services
    offered by F+U, as well as ac-commodation (residences and host
    families) rented through F+U. German law applies; the place of fulfilment
    is Berlin and the place of 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, 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 Confirmed 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 learner 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 the
    start 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
    Rohrbacher Str. 5-7, 69115 Heidelberg, Germany
    Commerzbank AG
    SWIFT-BIC: DRES DE FF 672
    IBAN: DE16 6728 0051 0465 418302

    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 Friedrichstraße 194-199,
    10117 Berlin.
    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 partici-pant 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 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, OnDaF 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 signifi-cantly
    lower.

    7. Data Protection
    7.1 The collection, processing and use of the participant’s personal
    data occur exclusive-ly 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, Friedrichstraße 194-199, 10117 Berlin, Fax: +49 30 200597729,
    E-Mail: languages.berlin@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. School certificates and letters of confirmation are only
    issued when all invoices and/or instalments have been settled.

    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 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 s hall
    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 07.02.2017

     


     
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