General Terms and Conditions of Deutschothek Sprachschule e.U. (Deutschothek) with registered office in Vienna, version as of April 2020.
By booking a language course, you conclude a contract with Deutschothek and accept Deutschothek’s General Terms and Conditions.
1. Registration for the language course
a) With registrations, a distinction is made between first registration (no past registration undertaken) and subsequent registration (first registration already completed).
b) A first registration is possible in person or online via a registration form provided on Deutschothek’s website.
c) or a first registration, you are required to state the following data correctly: given name, surname, address, date of birth, gender and email address
d) You may also register for another person. The person who has concluded the registration is always liable for the course fees.
e) If you have already completed a first registration in the past, registrations for subsequent language courses are possible in person, online via a registration form provided on Deutschothek’s website, via e–mail or by phone.
f) Deutschothek must be advised promptly, either in writing (also via e-mail) or in person, of any changes to your data.
g) If you already have previous language knowledge and Deutschothek does not know your language level, a free placement test will be carried out at registration.
h) A registration is only binding if Deutschothek has sent you a confirmation of registration via e-mail or issued it in person, and if the necessary payments have been paid in full within the reservation period. In this case, you will receive a confirmation of your registration from Deutschothek within 3 working days.
i) Personal registration is not possible on those days or times when Deutschothek is closed due to official or legal regulations or other comparable cases, e.g. due to the developments in the course of the corona pandemic. In this case, registration is only possible via the other communication channels mentioned.
2. Payment of the course fee
a) The course fee must be paid in full prior to the start of the course. Different payment agreements with Deutschothek can only be conducted in writing.
b) The course fee can be paid either in cash or via bank transfer.
Cash payment: Payment in cash is possible during business hours at Deutschothek in the front office. If you pay in cash the confirmation of payment for the course will be issued immediately.
Bank transfer: Payment via bank transfer is only possible if a reservation has been made upfront. When you receive a reservation confirmation from Deutschothek, the reservation date is stated on it. The course fee must arrive in Deutschothek’s bank account by this date at the latest. Afterwards a payment confirmation will be sent to the e-mail address which you provided. A place on a course cannot be guaranteed if the course fee does not arrive in full, arrives after the reservation date or if no reservation has been made.
c) The payment confirmation must be shown to the employees of Deutschothek upon request.
d) Cash payment is not possible on those days or times when Deutschothek is closed due to official or legal regulations or other comparable cases, e.g. due to the developments in the course of the corona pandemic. In this case, payment is only possible with bank transfer.
3. Cancellations and rebookings – Group courses
a) Course cancellation is only possible up to 14 days (2 weeks) before the planned course start date and can be made either in person at the language school office or in writing. When cancelling a course, an administration fee of 40 € will be charged. In the case of cancellations later than 14 days before the planned course start date, the whole course fee is due and cannot be refunded – even if the course is not attended.
b) Rebooking a course is only possible up to 14 days (2 weeks) before the planned course start date and can be done either in person at the language school office or in writing. Rebookings at a later point in time are not possible. The first rebooking of a course is free of charge. All further rebookings incur an administration fee of 40 €.
c) In the case of bookings via distance selling (in particular via internet or e-mail) the course participant – as a consumer under the Consumer Protection Act – is entitled to the right of withdrawal within seven working days (excluding Saturdays) from the day of concluding the contract. Sending the cancellation notification within this period is sufficient. This right of withdrawal is not granted, however, if the course or event starts within these seven working days.
d) In the case of inconsistent attendance of a language course, it will neither be possible to refund the course fee, nor to prolong or rebook the course.
e) Personal handling is not possible on those days or times when Deutschothek is closed due to official or legal regulations or other comparable cases, e.g. due to the developments in the course of the corona pandemic. In this case, handling is only possible via the other communication channels mentioned.
4. Cancellations and rebookings – Private lessons and company courses
Arranged private lessons and company courses must be postponed or cancelled by 6 pm the day before; otherwise, the lessons arranged for that day, as well as – if applicable – the agreed travel lump sum, will be charged in full.
5. Subsequent course
If you are already taking part in a language course and want to attend a subsequent course, a subsequent registration is required. Your course place will not be automatically reserved.
6. Course terms
a) Course duration is stated in teaching units. One teaching unit (TU) is 45 minutes. With courses lasting longer than 120 minutes per course day, there are 15 minutes break included per course day, which is not calculated as teaching time. The TUs stated in the course catalogues and on further information media are rounded to one decimal place.
b) On Austrian public holidays, Deutschothek is closed and no classes take place. On courses, during which TUs would be cancelled due to public holidays, the course duration is prolonged accordingly. Course dates and total amount of TUs are stated in the course catalogue.
c) Deutschothek reserves the right to cancel courses where the indicated minimum number of course participants has not been reached. In such cases, the course fee will be refunded in full by Deutschothek. Instead of cancelling the course, Deutschothek may offer to postpone or shorten the course, or offer the course in a smaller group with a higher course fee. The course participant has the right to accept these altered terms or to withdraw from the course free of charge.
d) Unless otherwise stated, costs for visits, trips, exams, course material, etc. are not included in the course fee.
e) Depending on demand, Deutschothek reserves the right to offer additional course dates.
6a. Regulations for online lessons (instead of in-person lessons)
a) As far as possible, the lessons take place as in-person instruction.
b) On days or at times when Deutschothek’s premises are closed due to official or legal regulations or other comparable cases, e.g. due to the developments in the course of the corona pandemic, and in-person teaching is not possible, online lessons are regarded an equivalent form of tuition.
c) Likewise, online lessons are regarded an equivalent form of tuition on days or at times when quarantine has been prescribed for the course group as a whole or for the course instructor of the course the course participant attends.
d) For those days or times when Deutschothek does not or cannot provide the service in person, the course participant accepts the offer of Deutschothek for online lessons. The online lessons are accepted by the course participant without further compensation as a full substitute for the in-person instruction.
e) Online lessons are provided via the platform of an external third party. The external service provider through which Deutschothek handles the online courses is zoom (Zoom Video Communication, Inc). The service provider mentioned has a valid EU-U.S. Privacy Shield Agreement. With regard to data protection, the course participant expressly agrees to zoom’s data protection agreement. This can be accessed at zoom.us/privacy-and-legal.
f) The course participant has an appropriate device (computer, laptop, tablet or smartphone) and internet connection to take part in the online lessons. Neither a device nor internet connection is provided by Deutschothek. We would like to point out that costs for internet usage may be incurred by the participant in the context of the online lessons, which are borne by him/her and are in no way borne by Deutschothek.
g) The course participant is expressly prohibited from making recordings (sound and/or images) of the online lessons.
h) Furthermore, Deutschothek informs that the participants do not have to register, pay or deposit credit card details for the usage of the platform zoom. The bandwidth used by the platform zoom is optimized based on the internet provider of the participants. It automatically adapts to 3G, WiFi or wired environments. To use zoom, an internet speed of at least 1.2 Mbps (upload / download) for HD video is recommended. The respective internet speed can be determined on all end devices (computer/laptop, tablet, smartphone) using an online speed test (e.g. at www.speedtest.net).
If you require a visa for your stay in Austria, Deutschothek is happy to help. After you have paid the course fee in full, Deutschothek will send a payment confirmation to the Austrian Embassy in your home country, either via e-mail or regular post, at your request. If you would like Deutschothek to send documents by courier, these costs will be charged to you. Should you not be granted a visa, Deutschothek will refund the course fee minus the fees for the bank transfer and the 40 € administration fee. For a refund of your course fee, a copy of the rejection letter from the Embassy or Consulate must arrive at Deutschothek’s office in Vienna via e-mail or post at least 7 days (1 week) before the course start date. Please note: even if you cannot provide a copy of the rejection letter, it is always possible to cancel the course via regular means up to 14 days (2 weeks) before the planned course start date under the conditions indicated in section 3: Cancellations and rebookings – Group courses.
a) Deutschothek has compiled all the information in its publications and web pages with the greatest care. However, Deutschothek accepts no liability for the provided information being up-to-date, flawless and complete, unless Deutschothek can be accused of wilful intent or gross negligence.
b) Furthermore, Deutschothek accepts no liability for damages or loss of personal belongings of course participants, unless Deutschothek can be accused of wilful intent or gross negligence. For the rest, Deutschothek accepts no liability for anything exceeding the mandatory provisions of tort law. Course participants are not insured against accidents or illness via Deutschothek. Deutschothek recommends that you have health and accident insurance coverage. Parents or legal guardians are liable for minors. Participation in trips and excursions is at your own risk.
a) The inventory, premises, media and devices of Deutschothek are to be used and treated with care.
b) Participants are liable for any damages they cause and must pay compensation for those damages.
10. Exclusion by Deutschothek
Should a participant behave in a way that is grossly contrary to contract, violate the House Rules, disrupt the course or put themselves or others at risk, Deutschothek can admonish this person in writing. Should the participant continue violating the points stated in the admonishment, he or she may be excluded from the participation in the course without any compensation. Course fees will not be refunded in this case.
The minimum age of participation in courses of Deutschothek is 16 years.
12. Data privacy
When making photocopies, responsibility for any copyright issues lies with the user of the photocopying machines. The user agrees to exempt Deutschothek from liability for any damages in case of copyright issues.
14. Audio/film/photo recordings
Deutschothek points out that audio, film and photo recordings destined for publication (among others in advertising material, its web pages, as well as Deutschothek’s Facebook and Google+ presense) may be made on its premises and during group excursions and activities. Course participants also agree that all recordings taken during or in connection with their participation in the offers of Deutschothek may be evaluated without any compensation and without any limit in time or space by any current or future technological process. Your registration constitutes agreement. If you do not agree to this, you must indicate this on the registration form when you conclude your first registration in person, or if you conclude your first registration online in the “What else I want to say” section of the online registration form.
15. Language course provider
Deutschothek Sprachschule e.U.
Company address: Stättermayergasse 28, 1150 Vienna
Tel: +43 1 9346 591
E-mail: [email protected]
Proprietor: Peter Gila, MSc
Registered at Commercial Court Vienna: FN 409266 m
a) Changes and amendments to these conditions must be made in writing.
b) Deutschothek reserves the right to alter the rules, programme, prices and General Terms and Conditions without prior notice. For already concluded and existing contracts, this has no consequence. For new contracts (e.g. subsequent registration to another course) already the new conditions, valid from the moment the contract is concluded, apply.
c) Should any one point of these General Terms and Conditions be or become legally void, the other conditions remain fully valid.
e) Typographical and translation errors are reserved.
f) For any disputes arising out of or in connection with these General Terms and Conditions, the exclusive place of jurisdiction – unless otherwise provided in § 14 Consumer Protection Act – is the competent court of Vienna Rudolfsheim Fünfhaus
Deutschothek Sprachschule e.U.