General Terms and Conditions of Deutschothek Sprachschule e.U. (Deutschothek) with registered office in Vienna, version as of March 2023.
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) For a first registration, you are required to state the following data correctly: 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 email 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 or if Deutschothek has received confirmation that the course costs will be covered by a funding agency (“Kostenübernahmebestätigung”). You then 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.
e) If a funding agency assumes the course fees, the confirmation of the assumption of costs by the funding agency must be received by Deutschothek before the course starts. If the funding does not fully cover the course fee, the own contribution must be paid in accordance with the payment of the course fee (see point 2a-2d).
f) If the course fee or the personal contribution is not paid even after a written reminder, Deutschothek reserves the right to initiate collection proceedings. In this case, the procedural costs of the debt collection service provider will also be paid by the participant.
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. This also applies to the aliquot own contribution when the course costs are covered by a funding agency.
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 irregular attendance of a language course, it will neither be possible to refund the course fee, nor to prolong or rebook the course.
e) If a confirmation of the assumption of costs by a funding agency that has already been confirmed is linked to regular, previously agreed participation and if the funding agency withdraws (partially) from the funding due to irregular participation in the language course, the open sum must be paid by the participant. If the participant does not pay the amount even after a written reminder, Deutschothek reserves the right to initiate collection proceedings.
f) 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. 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 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. Regarding data protection, the course participant expressly agrees to zoom’s Privacy Policy. This can be accessed at https://explore.zoom.us/en/privacy/.
f) The course participant has an appropriate device at their disposal (computer, laptop, tablet or smartphone) as well as internet connection to take part in the online lessons. Deutschothek does not provide devices and internet connection. Regarding costs, Deutschothek points out, that expenses may occur for the internet connection and that the course participant has to come up for these costs. Expenses will not be compensated in any way by Deutschothek.
g) The course participant is expressly prohibited to make 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).
i) As a supplement to in-person instruction Deutschothek may provide online participation for certain in-person courses (flexi option). The flexi-option is an optional additional offer of Deutschothek. If Deutschothek offers the flexi option for a specific course, the course participant has the possibility to join online through zoom. The participant may take this option if they cannot attend the class in person and informs the Deutschothek office by 6 pm the previous day. This additional offer of Deutschothek enables the participant to attend classes also in personal emergency situations as for example quarantines or indispositions without missing the full class. In case the flexi option is required for multiple days, Deutschothek needs to be informed for every day separately.
6b. Regulations for online lessons
a) 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. Regarding data protection, the course participant expressly agrees to zoom’s Privacy Policy. This can be accessed at https://explore.zoom.us/en/privacy/.
b) The course participant has an appropriate device at their disposal (computer, laptop, tablet or smartphone) as well as internet connection to take part in the online lessons. Deutschothek does not provide devices and internet connection. Regarding costs, Deutschothek points out, that expenses may occur for the internet connection and that the course participant has to come up for these costs. Expenses will not be compensated in any way by Deutschothek.
c) The course participant is expressly prohibited to make recordings (sound and/or images) of the online lessons.
d) 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).
e) In case the course participant experiences problems with internet connection or devices resulting in not being able to attend online classes or not being able to attend online classes adequately, Deutschothek does not provide any compensation.
7. Liability
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.
8. Indemnification
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.
9. 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.
10. Minors
The minimum age of participation in courses of Deutschothek is 16 years. In exceptional cases, we accept participants aged 15.
11. Data privacy
Your personal data are collected, stored and processed electronically by us. They are used exclusively for Deutschothek-internal purposes, unless a transmission to third parties (for example accounting) is required in connection with our service provision. Regarding data protection, our privacy policy applies.
12. Copyright
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.
13. 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, Google+ and Instagram 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.
14. Language course provider
Deutschothek Sprachschule e.U.
Company address: Stättermayergasse 28, 1150 Vienna
Tel: +43 1 9346 591
Email: [email protected]
Proprietor: Peter Gila, MSc
Commercial Court Vienna: FN 409266 m
UID: ATU68344945
15. Miscellaneous
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 apply, valid from the moment the contract is concluded.
c) Should any one point of these General Terms and Conditions be or become legally void, the other conditions remain fully valid.
d) Further applicable documents to the General Terms and Conditions are the Privacy Policy, The Mission Statement and the House Rules of Deutschothek in their respectively applicable version. By signing you accept and explicitly consent to them. These documents can be retrieved on our website.
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.
March 2023
