General Terms and Conditions of Business
These General Terms and Conditions of Business govern the contractual relations between the Landespracheninstitut at the Ruhr University Bochum (hereinafter “LSI“) and the client. The General Provisions (A.) in these General Terms and Conditions of Business will apply unless otherwise indicated in more specific detail in the LSI‘s Special Terms and Conditions (B.), the Terms and Conditions of Participation (C.) or special agreements for individual services provided by the LSI.
GTCB (Version dated: 12/2016)
(A) GENERAL TERMS AND CONDITIONS
I. Contracting parties
1. Contracting parties
The contracting parties within the scope of these General Terms and Conditions of Business are the LSI and the client. For persons currently authorised to represent the LSI please refer to the legal information (Part E.).
2. Legal age
Only clients who have reached legal age will be accepted; this on condition that no separate provisions obtain.
II. Subject of the contractual relationship
1. The subject and content of the contractual relationship between the LSI and the client are derived from these General Terms and Conditions of Business, in particular the LSI‘s Special Terms and Conditions (B.), the Terms and Conditions of Participation (C.) and special agreements.
2. Use of the individual services is subject to the prices published at www.lsi-bochum.de.
III. Conclusion of contract
Unless otherwise specified in the LSI‘s Special Terms and Conditions (B.), the Terms and Conditions of Participation (C.) or the special agreements, the contract with the LSI will come into effect when the LSI accepts the client‘s order either by providing the service (dispatch of teaching materials or other items, the provision of online offers or accommodation) or by declaring that the service will be provided. The receipt of the invoice following registration for the course will also be deemed to constitute confirmation of registration. The LSI reserves the right for important reasons in individual cases to reject applications for the conclusion of contracts.
IV. Client’s duties and obligations
Clients are in all cases responsible for providing the correct data that is required for processing the contract and/or using the services. The LSI must be immediately notified by clients in writing of any changes to such data or, if possible, clients must immediately amend such data online.
Where the term “contents“ is employed hereinafter, it refers to all data, images, graphics, audio files, video files and other information that the LSI provides to clients in the fulfilment of its contract.
2.1 Using contents In so far as contents are provided by the LSI, unless otherwise specified in the LSI‘s Special Terms and Conditions (B.), the Terms and Conditions of Participation (C.) or special agreements, the following provisions will apply.
It is not permitted to process the contents or parts thereof, to duplicate or distribute them, to reproduce them publicly, to advertise with them or to utilise them in any way beyond the contractually intended purpose without the LSI‘s prior express written permission.
Irrespective of the LSI‘s liability for defects as set out in A. VI. 2.1, clients are requested to notify the LSI in writing of any complaints about the service immediately, if possible, within a time limit of 14 days after they have become aware of the cause for complaint. Non-adherence to this time limit will not affect claims brought against the LSI for defects.
1. Client Clients themselves will be directly liable to third parties in the event of any violations of third-party rights for which they are responsible. In the event of justified claims by third parties, clients shall hold harmless and indemnify the LSI in so far as clients are unable to demonstrate that they are not responsible for the breach of obligation that has resulted in the damage.
2.1 Liability for defects The LSI‘s liability for defects is, if it has been properly notified of defects, governed by the statutory provisions. In regard to the delivery of defective teaching materials, clients will, in accordance with the statutory provisions, be entitled to claim subsequent fulfilment, withdrawal or reduction of price.
2.2 Compensation for damages The LSI‘s liability will be governed by the statutory provisions.
VII. Data protection
1. Personal details will – in so far as no separate additional consent has been given – be collected, processed and utilised. Separate consent will be obtained for any other data.
2. Data will be saved within the scope of the statutory provisions.
3. In the event of a third party being commissioned with data processing, the LSI grants the same protection of personal details as provided for in Clause A. VII. 1.
LSI.online: During the period of use of LSI.online personal learning profiles are drawn up to enable full use of all the functionalities of the learning environment. Only the user or the e-tutor may view the data and then only for purposes of learning guidance. After final use these data will be archived and may be deleted until cancelled.
VIII. Payment obligations
1. Payment method Clients may pay either in cash or by bank transfer. 1.1 Unless otherwise specified in Special Terms and Conditions (B.), the Terms and Conditions of Participation (C.) or special agreements, prices (for courses, online offers, teaching materials, other items and accommodation) must be paid to the LSI commencing with the day the services are provided by the LSI.
1.2 Clients will receive an invoice. The invoice will specifically state the term of payment. In the event of delayed payment the statutory provisions will apply.
1.3 Clients will be entitled to set off claims only in so far as their counter-claims have been determined to be legally final, are undisputed or have been recognised. The right of retention, particularly the defence of unfulfilled contract, will remain unaffected by the above.
1.4 When returning teaching materials in the event of cancellation, clients must bear the regular cost of the return.
IX. Changes to prices and services
1. The LSI reserves the right to amend the contents of these General Terms and Conditions of Business, the Special Terms and Conditions (B.), the Terms and Conditions of Participation (C.) and special agreements so far as is reasonable for clients.
2. The LSI also reserves the right to amend the respectively valid fees for services. Please refer to our Internet site at www.lsi-bochum.de for prices.
X. Cancellation/return/withdraw/notice of termination
1.1 Clients who are business persons have no right of cancellation or return as specified in Section 312d German Civil Code (BGB).
Information about cancellation
1.2 Clients may cancel their contract declarations in text form (e.g. by letter, fax, email) within 14 days without stating reasons. For the cancellation period to have been adhered to it is sufficient if the cancellation notice is despatched on time.
Clients will no longer be bound bytheir ORDER (teaching materials, other items, provision of online offers), if they also cancel their order by returning the item and sending back the goods within a time limit of 14 days after receipt of the invoice/goods, even if the item is supplied before the time limit has expired.
The time limit commences on receipt of the goods to which this notice in text form refers but not before the goods have been received by the recipient and not before the fulfilment of our information obligations in accordance with Article 246 Section 2 in conjunction with Article 1 Subsections 1 and 2 Introductory Act to the German Civil Code (Artikel 246 § 2 in Verbindung mit § 1 Absatz 1 und 2 Einführungsgesetz zum Bürgerlichen Gesetzbuch (EGBGB)) and our obligations in accordance with Section 312g Subsection 1 Clause 1 BGB in conjunction with Article 246 Section 3 Introductory Act to the German Civil Code (§ 312g Absatz 1 Satz 1 BGB in Verbindung mit Artikel 246 § 3 EGBGB). For the time limit for cancellation to have been adhered to it is sufficient if the item is despatched on time.
1.3 If a course for which a client has registered commences within the period of cancellation, the right of cancellation will lapse at the date at which the course commences.
1.4 The right of cancellation for SOFTWARE that may be used online or downloaded will lapse at the time of the first login or the execution of the download. The right of cancellation will also lapse when sealed or packaged CDs, DVDs, CD-ROMs are opened. In such cases it will not be possible to return the item.
1.5 Cancellations must always be made in writing (e.g. by letter, fax, email). No reasons need be stated. In the event that teaching materials is ordered, the return delivery (return) of the items will be made at the LSI‘s risk. For the time limit for cancellation to have been adhered to it is sufficient if the item is despatched on time.
1.6 Cancellations must be addressed to: Landesspracheninstitut in der Ruhr-Universität Bochum, Laerholzstr. 84, 44801 Bochum; Fax: 0234-6874-100; Email: firstname.lastname@example.org
1.7 Consequences of cancellation: In the event of effective cancellation payments and goods received by either party must be returned and any benefit gained (e.g. interest) surrendered. If the received payments and benefits (e.g. amenity and advantage of use) cannot be returned or surrendered either in full or in part or only in a worse condition, appropriate compensation must be paid. This may result in contractual payment obligations nevertheless having to be met for the period up to the time of cancellation. Clients will be required to compensate for the value by which the item has worsened and for benefits gained only to the extent that the benefits or the worsening result from treatment of the item that goes beyond the examination of its properties and functionality. “Testing properties and functions“ is deemed to be the testing and trying out of the respective goods as would be the case and is customary in a shop.
Clients must bear the regular costs of return delivery if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed 40.00 euros or if in the event of a higher item price they have not performed a service in return or have made a contractually agreed part-payment at the time of cancellation. Otherwise return delivery will be made at no cost to clients. Obligations to reimburse payments must be fulfilled within 30 days. The time limit for clients commences from the time at which cancellation was declared or the item was dispatched and for the LSI with the receipt of such declaration or receipt of the item.
The client’s right of cancellation will lapse prematurely if the contract is completely fulfilled by both parties at the client‘s express wish before the client has exercised his or her right of cancellation.
End of information about cancellation
Information about return of goods
Clients may send back the received goods by return delivery within 14 days without stating any reasons. The period for return commences on receipt of this information in text form (e.g. as a letter, fax, email) but not before receipt of the goods by the recipient and not before fulfilment of our information obligations in accordance with Article 246 Section 2 EGBGB (Artikel 246 §2 EGBGB) and our duties in accordance with § 312g Section 1 Clause 1 German Civil Code in conjunction with Section 246 Subsection 3 Introductory Act to the German Civil Code (§ 312g Absatz 1 Satz 1 BGB in Verbindung mit Artikel 246 § 3 EGBGB). Only if the goods cannot be dispatched by parcel post (e.g. bulky goods) may clients return goods by declaring in text form that they wish to have them taken back. For the time limit for cancellation to have been met it is sufficient if the goods are despatched on time or the request to have them taken back is made on time. In any case, the goods will be returned at our cost and risk. The return delivery or the request to have the goods taken back must be made to:
Landesspracheninstitut in der Ruhr-Universität Bochum, Laerholzstr. 84, 44801 Bochum; Fax: 02346874- 100; Email: email@example.com
In the event of effective return the payments and goods received by both sides must be returned and any benefits gained handed back. If the item‘s condition has worsened and benefits (e.g. amenity and advantage of use) that cannot be surrendered or can be surrendered only in part or in a worse condition, clients must compensate us appropriately. Clients will be required to compensate us for the value by which the item has worsened and for benefits gained only in so far as the benefit or the worsening result from treatment of the item that goes beyond the examination of its properties and functionality. “Testing properties and functions“ is deemed to be the testing and trying out of the respective goods as would be the case and is customary in a shop. Obligations to reimburse payments must be fulfilled within 30 days. The time limit for clients commences from the time the item was dispatched or the request to have the goods taken back was declared and for the LSI with the receipt of the item or such declaration.
End of information about return of goods
2.1 The provisions regarding withdrawal in the Terms and Conditions for Participation (C.) and special agreements apply
3. Right to terminate for cause The parties reserve the right to terminate for cause.
4. The language course can be cancelled by LSI due to too few participants 14 days before the planned course begin at the latest. The participant will be reimbursed of any course fees already paid free of charge.
XI. Reserve of title
1. The LSI reserves title in the supplied teaching materials until all owed purchase price payments have been received.
2. Clients shall treat the teaching materials with care until title is transferred. The LSI must be informed immediately of any damage to and loss of teaching materials and the insolvency of the client or his/her bailee and of any change of possession.
3. In the event of seizure or other interventions by third parties clients shall inform the third parties of the rights which the LSI holds in the teaching materials and shall inform the LSI immediately. If clients breach this duty, they will be liable for the resulting damages.
XII. Ineffectiveness of individual provisions
If all or part of any provision of these General Terms and Conditions of Business is legally ineffective or unenforceable or becomes legally ineffective or unenforceable at a later date, the validity of the remaining provisions will not be affected thereby. The ineffective or unenforceable provision is to be replaced by a suitable provision that as far as legally possible comes closest to that which was intended with the original provision.
(B.) SPECIAL PROVISIONS (SHOP)
I. Ordering teaching materials, shop sale
An order for teaching materials, other items and online offers placed through the LSI‘s Internet site (www.lsi-bochum de) constitutes an offer to the LSI to conclude a purchasing contract. The order will be followed by an order confirmation sent by email listing the details of the order. This order confirmation does not constitute acceptance of the offer but is only intended to inform the person placing the order that the LSI has received the order. A purchasing contract will only come into effect when the ordered product is dispatched to the person who placed the order or in the case of online offers held ready.
The delivery of the LSI‘s teaching materials will be made exclusively against invoice.
3. Dispatch costs
The respectively valid flat rate for dispatch costs is indicated at the end of the order process and usually amounts to 5.90 €.
It is not possible to change or return the articles after the time limit for cancelling orders or returning items has expired. It is not possible to return used CDs, DVDs, audio and video cassettes.
II. Supplementary provisions for vouchers
LSI vouchers are available with a minimum value of € 10.00. The desired voucher amount must be stated when an order is placed. No value-added tax is due.
2. Sending method
Vouchers can be sent to recipients in two ways. Which way is chosen must be stated when an order is placed:
a) in a printed form on paper sent by post
b) sent electronically by email as a protected PDF
The voucher will be sent to you in the chosen way after ordering. However, it cannot be used until payment has been received.
LSI vouchers are valid until the end of the period of validity prescribed by law. The purchase date is shown on the voucher. An LSI voucher can be used to purchase courses or products at the LSI that are authorised for purchase by voucher. Purchases will be set off against the voucher credit balance. If the value of the purchase is higher than the voucher credit balance, the difference must be paid in other ways. LSI vouchers cannot be paid out in cash, transferred for value, set off against unpaid debts or transferred to another customer account. Nor can they be resold.
4. Risk of loss and fraud
In so far as applicable, risks of loss and rights in the ownership of vouchers pass to the purchaser or recipient on transfer of vouchers to the courier service (voucher in paper form) or on transfer by electronic means (voucher in electronic form as a protected PDF). We accept no liability for the loss, theft, destruction or unauthorised use of vouchers.
(C.) TERMS AND CONDITIONS OF PARTICIPATION (COURSE REGISTRATION)
A customer’s application for registration for an intensive language course provided by the LSI constitutes the submission to the LSI of an offer for conclusion of a service contract. As long as free capacities are available, the contract will be accepted by dispatch of an invoice after the client has placed an order; this invoice will simultaneously also be deemed to constitute the confirmation of registration. Otherwise the client will be informed by phone or in writing about the status of his/her registration.
II. Application for registration
1. Once the application has been received, an invoice for all items, e.g. course fee, teaching materials and, where appropriate, accommodation, will be sent.
2. The down-payment of 100.00 euros for one-week courses and 150.00 euros for all other courses will become due immediately.
3. The down-payment made will be deducted from the course fee to be paid. The remaining invoice amount must be paid up to four weeks before the course commences.
III. Withdrawal/switching courses in the homeland
1. Participants may withdraw from a language course at any time before the course commences. The time the notice of withdrawal is received by the provider of the course will be decisive for the time limit. The declaration of withdrawal must be made in writing.
2. If a participant withdraws from a language course after the time limit for cancellation has expired, the provider will demand compensation for the expenses incurred to date. Claims for compensation will be made as set out in subsections a) - d).
a) If a client withdraws up to four weeks before the course commences, 50.00 euros of the down-payment will be refunded.
b) The down-payment will not be returned when clients withdraw less than ten days before the course commences.
c) If a client withdraws less than ten days before the course commences, 30% of the course payment or at least the down-payment, not including accommodation fees, will be retained.
d) If a client withdraws after a course has commenced, the services received, including accommodation, will be charged in full according to the course time used. For the remaining course time not used, 30% of the course fees due for this period will be charged for.
3. If a client switches to a different course after the withdrawal time limit has expired, an administration charge amounting to 5% of the course fee will be charged.
4. If a client switches to different course after the original course has commenced, the same terms as those applying to withdrawal from a course will apply.
5. The right to demonstrate that the provider has not suffered any damage or has suffered less damage remains expressly reserved.
IV. Withdrawal from a course in another country
1. Participants may withdraw from a language course at any time before a course commences. The time the declaration of withdrawal is received by the provider of the course is decisive for the time limit. The notice of withdrawal must be sent in writing.
2. If a participant withdraws from a course in another country after the cancellation time limit has expired, the provider will demand compensation for the expenses incurred to date. Claims for compensation will be made as set out in subsections a) and b).
a) If a client withdraws less than two weeks before the course commences, 30% of the course fee will be retained.
b) If a client withdraws less than two weeks before the course starts, the full course fee will be charged.
I. Course fees for classroom and online courses in accordance with fee schedule
(tax free in accordance with Section 4 No. 22 Subsection a German Value- Added Tax Act (§ 4 Nr. 22 Buchstabe a Umsatzsteuergesetz)
The prices published at www.lsi-bochum.de apply.
II. Accommodation (incl. 19% value-added tax)
The prices published at www.lsi-bochum.de apply. Accommodation is offered with breakfast included. No deduction of the cost of breakfast from the final invoice amount is possible, even if breakfast is not taken.
III. Teaching materials and other items (including 7 or 19% value-added tax)
The prices published at www.lsi-bochum.de apply.
IV. Fee rates
1. Full rate
This rate must be paid by all course participants unless they are included in one of the two groups entitled to discounts.
2. Discount Rate B
- Civil servants who are attending courses for official reasons.
- Employees of public broadcasting companies who are attending courses for official reasons.
- Members of organisations engaged in the mediation of German cultural and educational policies abroad who are attending courses for official reasons.
- Private persons.
3. Discount Rate A
Students up to the age of 32 years old, who are enrolled at a higher education institution, pupils up to the age of 25 years old and unemployed persons. Corresponding confirmation documents that apply for the duration of the course must be presented to the administration at the latest when the course commences.
Discount Rate A can be granted to the above group of people only if their income does not exceed the limits of minor employment or minor self-employment (cf. German Social Security Code IV Section 8 (Sozialgesetzbuch (SGB) IV §8)).
(E) TERMS AND CONDITIONS FOR CANCELLATION OF GUEST-ROOM ACCOMMODATION FOR NON-COURSE ATTENDERS
The following will be charged for changing or cancelling guestroom reservations:
For group reservations:
a) Free of charge up to three weeks before the planned arrival date
b) 50% of the agreed services for up to one week before the planned arrival date
c) 80% of the agreed services for less than one week before the planned arrival date
A group reservation for the LSI means a reservation for ten people or more.
For individual reservations:
a) Free of charge for change/cancellation more than one day before the planned arrival date (after 12 p.m.)
b) 80% of the agreed services for change/cancellation less than one day before the planned arrival date (after 12 p.m.)
c) Special arrangements for arrivals on Saturdays or Sundays: cancellation free-of-charge up to Friday 9.00 a.m., then 80% of the agreed services
Reservations that have not been cancelled or used will be charged for at 80% of the agreed prices. It is irrelevant here whether the guesthouse is fully booked or not. All cancellations must be made in writing.
(F.) LEGAL INFORMATION
Landesspracheninstitut in der Ruhr-Universität Bochum
PO Box 10 15 65, 44715 Bochum
Tel.: +49 234 6874-0
Building address and address for return deliveries:
Landesspracheninstitut in der Ruhr-Universität Bochum
Laerholzstraße 84, 44801 Bochum
Dr Klaus Waschik
LSI‘s bank details: Sparkasse Bochum
Account No. 33 405 515, Bank Code 430 500 01
IBAN Code: DE55 4305 0001 0033 4055 15
BIC Code: WELADED1BOC
VAT-ID No.: DE 127056261
Tax number: 350/5708/0018
The place of jurisdiction is Bochum.