Terms and Conditions – Carl Duisberg Online Language Courses – Version 06/2020

1. Scope of these Terms and Conditions

In order to improve readability, this document uses gendered pronouns. Therefore, expressions such as “he or she” of course also include non-binary people.
The present Terms and Conditions govern the contractual relationships between Carl Duisberg Centren gemeinnützige GmbH (hereinafter referred to as “we” and “us”) and natural persons or legal entities (hereinafter referred to as the “customer” or “you”) for whom CDC provides services that are  delivered exclusively over the Internet, such as online language courses (hereinafter referred to as “online services”).
In cases where the customer and the registered person are not the same person, these Terms and Conditions shall also apply to the registered person (the course participant).

2. Registration

To register, please use the our currently valid registration form or our online registration process. Should we receive registrations in any other forms (such as out-of-date registration forms), we will offer you services based on our current products that best meet your original request. By submitting your registration, you are making a binding offer to enter into a contractual relationship. We may provide a confirmation of the receipt of registration. Such a confirmation of receipt does not constitute a contract for services and as such is not binding.
As a part of the registration process, you are required to provide us, in a truthful and accurate manner, with the personal data required to prepare the contract.
Registrations for minors must be submitted or confirmed by one of their parents/guardians.

Registrations for persons with medical restrictions that may have an effect on the delivery of the online services must include a personal declaration from any persons with relevant medical restrictions in which they provide explicit consent for us to conduct the necessary processing of their health data in accordance with our data protection policy; Otherwise, we are not entitled to make use of health data and unfortunately cannot offer you our online services.
The contract is only considered concluded once you have received written confirmation (e.g. email) that we have accepted your registration. Should a confirmation from a parent/guardian or a declaration of consent to process health data be required, the contract will only go into effect once we receive the required declarations.

Please note: the registered person is the only person entitled to use the online services.

3. Our services

The scope of services can be found in the offer and where applicable accompanying descriptions of services.
There are no group lessons on days that fall on public holidays in Germany. However, should a regularly scheduled one-on-one lesson fall on a public holiday, this will be rescheduled, either before or after the public holiday.
We reserve the right to change teachers at any time should this be necessary.
We cannot guarantee that you will be successful in your courses and/or meet your learning goals.

4. Terms and conditions of the delivery of services

For our online services, we make use of up-to-date and industry standard online applications such as videoconference programs and learning management systems. In order to be able to take advantage of our online services, you must also use these online applications.
To take advantage of our online services, you need:

  • a stable Internet connection with bandwidth of a minimum of 10 Mbit/s-download and 1 Mbit/s-upload
  • a computer device with audio output, microphone, and camera that meets the minimum system requirements for the applications used (more detailed information available on request)
  • an up-to-date standard web browser in which the necessary functions and permissions have been preinstalled/allowed/activated (e.g. JavaScript, cookies, pop-ups)
  • where required, you must create a user account and register for the online applications used

You are solely responsible for ensuring that you have access to your technical equipment and that it is functioning properly. Should your technical equipment not be available or functioning at the time of a scheduled lesson, we are unfortunately not able to provide a credit for the fee paid for the missed lesson (see no. 12).   
For online exams, you are required to activate your camera and to grant us permission to record the video of the session in order to avoid cheating and comply with the exam regulations. If you are unable to comply with these requirements, we are not permitted to conduct an exam with you; for exams that are not able to be conducted due to a failure to comply with exam regulations, you forfeit all exam fees and will not receive a credit (see no. 12).

If a minimum number of participants is specified in the offer or the accompanying descriptions of services and this minimum number of participants is not reached, we can immediately terminate or refuse to accept your registration. We will notify you of our termination due to a failure to reach the minimum number of participants at the latest 14 days before the scheduled start of the course.

5. Payment

Payment is due in full upon receipt of the confirmation of acceptance of your registration. Payments can be made by bank transfer or PayPal (for an additional €10 fee).
The payment must be received by us at the latest 14 days before the scheduled start of the course. If a course is booked within 14 days of the scheduled start date, payment is due immediately. Detailed information about the services booked will be provided once we have received payment in full.

Please note: if you have not paid in full, you are not entitled to receive services.

6. Code of conduct

When using the online applications that we have selected for our services, you are expected to respect the code of conduct that you will be provided with in advance along with our netiquette.
Access credentials and passwords that we provide to you in order to allow you to access our online services must be kept confidential and may not be disclosed to third parties.
Recording, filming, or any other reproductions of our virtual classroom are forbidden, except in cases where the teacher and all participants in the virtual classroom have explicitly consented to a recording. Their consent must be documented, and we must be provided with a copy.
Should you violate these Terms and Conditions, the code of conduct, or not respect general standards of public decency and decorum, we reserve the right to block or delete your posts at our discretion, to temporarily suspend you from our online service, or to immediately terminate our contract.

Please note: German law applies to the online applications we use. Therefore, any potentially criminal actions will be referred to the appropriate authorities.

7. Data security and data protection

For the online applications that we use, the data security is guaranteed by the operators of these online applications and us in accordance with the applicable legal regulations (in particular the General Data Protection Regulation). An essential part of maintaining data security is providing the necessary advice concerning security that you can find in our netiquette as well as the implementation and observance of these standards during our courses by our teachers and employees.
You are personally responsible for the data security of your technical equipment, hardware, and software.

You can find further information about data protection in our data protection policy.

8. Copyright and other intellectual property

German copyright law applies to the online applications we use, in particular the German Act on Copyright and Related Rights (Urheberrechtsgesetz).
We possess or have licensed from third parties the rights to all lessons, teaching materials, and other content shared by our teachers and employees on the online applications used by us. We do not grant permission to use, distribute, or commercially exploit this content beyond the use necessary for participation in the lessons.

If you share copyrighted material on the online applications we use, you are personally responsible for complying with all applicable copyright and intellectual property laws.
We are not responsible for the trademarks, brands, designs, or commercial names used by the provider of the online application.

9. Modifications to a registration

You can modify your registration up to 14 days before the course is scheduled to begin or before the registration deadline for exams. If you choose a higher priced offer, the modification is free of charge. For all other modifications, a processing fee of €50 will be charged.

10. NOTICE OF THE RIGHT TO WITHDRAW

Right to withdraw from the contract

You have the right to withdraw from this contract within 14 day without providing any reasons. You can exercise your right to withdraw by submitting a notification to that effect in text form (e.g. letter, fax, email) to us (Carl Duisberg Centren gemeinnützige GmbH, Hansaring 49-51, 50670 Cologne, Germany; fax: +49 (0)221/16 26-256; email: info@cdc.de). For this purpose, you may use the attached Standard Withdrawal Form; however, this not mandatory.

[Standard Withdrawal Form (PDF)]

In order to maintain your right to withdraw, it is sufficient if you send your withdrawal notice before the withdrawal period expires.

Consequences of withdrawal

If you cancel by exercising your right to withdraw, we must return all payments including any potential delivery costs that we have received from you immediately and at the latest within 14 days of receiving your notice of withdrawal. Unless otherwise explicitly agreed with you, the refund will be made using the same payment method that was used for the payment. Under no circumstances will we charge a fee for this refund.
However, if you have requested that services already begin to be delivered during the withdrawal period and then exercise your right to withdraw, you must pay us reasonable compensation for the services delivered. The amount of compensation shall be determined based on the proportion of services already delivered at the point in time when you notified us of your withdrawal in comparison with the total value of services originally agreed in the contract.

11. Cancellation

After the withdrawal period has expired, you can still cancel the contract up to 14 days before the scheduled start of the course or before the registration deadline for exams. A processing fee of €150 will be charge for cancellations. To cancel, you must at a minimum submit a notification in text form (e.g. email).

In case of a cancellation, we will refund any payment you have already made minus any applicable processing fees within 14 days. Refunds can only be made to the person or agency that made the payment. It is only possible to make exceptions to this rule if the person or agency who made the payment provides a written request to redirect the refund to another recipient.

12. Missed lessons

If you are not able to attend a lesson, you must inform us in advance in text form (e.g. email). This must be done as soon as possible, in the case of one-to-one training at least 24 hours before the start of the lesson. If you have missed a lesson for a good reason, we will issue you a credit for the missed lesson. With these credits, you can make up the lessons by adding extra lessons on at the end of the course, or you may use these credits within a year. After a year the credit expires.

Unfortunately, it is not possible to issue a credit for exams or lessons missed due to your failure to comply with the terms and conditions for the delivery of services as stated in no. 4, for example in cases of hardware or software malfunctions.
Our claim to receive the full agreed fee for our services remains unaffected in all these cases.

13. Cancelled lessons

You will receive a credit for any lessons that are cancelled, and these can be made up at the end of the course or within a year. After a year the credit expires. Our claim to receive the full agreed fee for our services remains unaffected.
For cancelled exams, the policies of the test provider are applicable.

14. Deficiencies

If you notify us immediately of a deficiency in our service, we will treat the deficient teaching units like a cancelled lesson (see no. 13). Should the online lessons continue to be deficient over the course of several appointments (at least 2) after you have notified us of these deficiencies, you have the right to immediately terminate the contract (see no. 15). For deficient online exams, the policies of the test provider are applicable. Otherwise, we make no other warranties for our services.   

15. Termination of services

Services will cease when the contractual period expires. Notification of termination of service after the course has begun or after the registration deadline for exams is excluded.
Each party may terminate the contract for the performance of booked services for a compelling reason without a notice period. There is a compelling reason if the terminating party, taking into account all the circumstances of the specific case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed end or until the expiration of a notice period. Notice of termination may only be given within two weeks. The notice period commences with the date on which the person entitled to give notice obtains knowledge of facts conclusive for the notice of termination.

The party giving notice must notify the other party of the reason for notice of termination without undue delay in text form.

If notice of termination is valid, we will refund amounts already paid for services not yet delivered, minus any potentially necessary expenses, costs, or damages. Refunds can only be made to the person or agency that made the payment. It is only possible to make exceptions to this rule if the person or agency who made the payment provides a written request to redirect the refund to another recipient.

16. Our liability

We shall be liable for violations of these Terms and Conditions in the following circumstances: the violations result in injury to life, limb, or health; or the violations are due to gross negligence or willful intent; or essential contractual obligations are affected (essential contractual obligations are those that must be fulfilled as a prerequisite for the proper execution of the contract and on whose observation the contractual partner regularly relies).
In all other cases, we assume no liability.

17. Exclusivity clause

You agree that you will not directly contract with or employ our teachers during your online language course or within a period of one year.

18. Your liability

The customer assumes full liability for any damage he or she causes and is personally liable to the extent specified in applicable laws. Should we be held liable for such damages, you agree to indemnify us of any liability.

19. Final provisions

The contractual relationship is subject to the laws of the Federal Republic of Germany.

Should any individual provisions of the contract, in whole or in part, be or become invalid or contain a gap, this shall not affect the remaining provisions. In place of invalid provisions, the statutory regulations, where they exist, shall apply. However, should this present an undue hardship for one of the parties to the contract, the entire contract shall be invalid.

Any agreement deviating from these General Terms and Conditions must be in text form (e.g. email).

Place of jurisdiction is Cologne, Germany, insofar as the contracting party is a merchant as defined by the German Commercial Code (Handelsgesetzbuch—HGB ), a legal entity under public law, or a special fund under public law, or if he or she has no general place of jurisdiction in Germany, or Cologne is his or her general or specific place of jurisdiction.

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