Terms and Conditions

General Terms and Conditions for the Provision of Language Instruction to Private and Corporate Clients

1. Applicability
These General Terms and Conditions apply to all contracts for individual, duo, or group language instruction, as well as day classes for clients. They also apply to future assignments. The instruction serves professional development and/or is initiated by the employer.

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2. Conclusion of the Teaching Contract
Booking of lessons may be made in writing, verbally, by telephone, by post, or by email.
Corporate Clients: The contract is concluded between the company and Sprachwerk. A direct contractual relationship with individual participants does not exist unless the client and participant are the same person.

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3. Provision of Instruction
Instruction is provided using the Sprachwerk method. A lesson lasts 45 minutes. Generally, teaching materials from telc are used. Lessons are held at the agreed times. Rescheduling is possible as per Clause 5. Instruction takes place year-round, including during official school holidays. If the client cannot attend a lesson, there is no entitlement to make up the missed session. In case of long-term inability to attend, the client may consider appointing a substitute participant (see Clause 6).
A pedagogical advisor may attend the lessons but will not interfere with the teaching. Instruction by specific teachers is not guaranteed. The naming of teachers, e.g., in programs or agreements, is therefore non-binding. We reserve the right to replace teachers.

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4.Obligations of the Client
Registration fees, course fees, and the cost of learning materials are due at the contractually agreed time. If no special agreement exists, the registration fee and learning material costs are payable immediately. Course fees are payable without deductions upon receipt of the invoice. Discounts are not granted. In case of payment delay, late payment interest is charged according to the applicable legal provisions. Offsetting counterclaims is only possible if they are undisputed, legally established, or recognized by us. Exercising a right of retention is excluded if the claim is not based on the same contractual relationship.
Any changes to personal data, especially address and contact details, must be reported immediately.
The client agrees that their data will be electronically stored in compliance with data protection laws for exclusive use by Sprachwerk.
Punctual attendance, at-home review of material, and regular and active participation are essential for effective learning.
The client agrees not to employ any of our trainers directly, bypassing Sprachwerk, for a period of 1 year after the last training session. Breaching this agreement will result in a damage claim of €1,000. Both parties may prove a higher or lower actual damage, which will replace the fixed amount.
Corporate Clients: Registration fees, learning materials, and course fees are due in advance for four weeks. A penalty of €5,000 applies for direct employment of a trainer.

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5. Scheduling, Rescheduling, and Missed Lessons
We reserve the right to change the start and end times of courses or reschedule lessons if necessary. For individual or club lessons, we will coordinate such changes with the client. In group lessons, clients should inform us promptly of any difficulties with rescheduled times so adjustments can be made. If uncoordinated changes prevent participation, the client may choose replacement lessons (in group lessons only if additional courses are available), extraordinary termination, or proportional reimbursement of course fees. These rights lapse if the client consents to changes or fails to report difficulties within one week of notification.

In the case of insufficient justification, an increased processing fee of €200.00 may be charged.

Participants who book a language course with a duration of several months benefit from discounted conditions due to the long-term commitment. In the event of an early termination of the contract, we reserve the right to charge for the services already used according to the regular monthly course fees (without the long-term discount). Additionally, a contractual penalty of €200.00 will be charged for the increased processing effort.

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For individual/duo lessons, clients may cancel scheduled times by 2:00 p.m. on the preceding business day in exceptional cases. For courses with 20 or more lessons per week, cancellations must be made at least five business days in advance. Timely cancellations allow for rescheduling. Missed or late-cancelled lessons will be charged in full.

For classes (Intensive & Evening courses), Sprachwerk may reduce the daily number of lessons as follows:

4 or less participants – 2 lessons per day.

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6. Substitute Participant
If the client is unable to attend, they may nominate a substitute participant. We may reject the substitute for valid reasons, such as questionable payment ability or insufficient language skills for group lessons. Additional learning materials required for the substitute must be paid for separately. A registration fee applies for the substitute.

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7. Termination/Visa
Contracts (excluding general group courses) are concluded for a fixed term and cannot be ordinarily terminated. Extraordinary termination rights remain unaffected.
For general group courses, clients register for twelve weeks initially. The contract extends automatically by four weeks unless terminated with four weeks' notice.
For visa purposes, an invitation letter is issued after full payment of course fees. If the visa is denied, the course fees will be refunded minus a €250 processing fee upon presentation of the rejection letter.

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8. Copyright and Usage Rights
Teaching materials are the intellectual property of Sprachwerk or their creators. Materials or parts thereof may not be translated, reproduced, or used for purposes other than teaching without written consent.

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9. Liability for Damages
Claims for damages against us, our legal representatives, or agents are excluded unless they involve intent, gross negligence, or breach of essential contractual obligations. Liability is limited to the amount covered by our financial loss liability insurance (€1,000,000). These exclusions and limitations do not apply to claims under the Product Liability Act or for injury to life, body, or health.

 

10. Place of Performance and Jurisdiction
The place of performance and jurisdiction, if the client is a merchant, is our registered office.