Terms and Conditions

Preamble

These General Terms and Conditions (hereinafter referred to as GTC) apply to all contracts for language courses concluded between Speakeasy Language School (SE) (English Courses) or Speakeasy Language School GmbH (SE GmbH) (all language courses except English Courses) and the student(s).

1 Conclusion of the contract

1.1 The contract is concluded by completing and sending the registration form. The dispatch takes place by clicking on the button “binding registration”. The contract is concluded by completing the form and clicking on the button. The student(s) will receive an invoice to confirm receipt of the application after sending the registration form.

1.2 The contract language is German.

2 Fees and Payment, Terms of Payment

2.1 The current price list, viewable on the website (under https://speakeasy-sprachschule.de/schedule-pricing), serves as part of the contract.

2.2 For the first course registration, a student will be charged a registration fee of 45,00 Euro. For each additional course booking, a student will incur an administrative fee of 25,00 Euro.

2.3 If the student books a trial lesson for a group course, a registration fee of 45,00 Euro will be charged. Should the student(s) book a language course after the trial lesson, the registration fee will be waived if the course participant has completed the language course booked.

If the student books a trial lesson for a (semi-) private course, our price list for the UE amount applies. Should the student (s) book a language course after the trial lesson, the registration fee (45,00 Euro) is due.

2.4 A change fee of 60,00 Euro will be charged for the change of a language course by the student. The change fee is calculated for the incurred organizational effort of SE or SE GmbH.

2.5 After receipt of the contract, an invoice will be prepared and sent by SE or SE GmbH. The invoice contains the amount to be paid and the payment deadline.

2.6 Terms of payment: the total invoice amount is due five working days after receipt of the invoice. All payments should be transferred to the specified bank details on the invoice and the invoice number should be specified as a reference.

For invoices created by SE GmbH (German and other languages):

Speakeasy Sprachschule GmbH

Account number: 385 918 465

Sort code: 440 100 46

IBAN: DE21 4401 0046 0385 9184 65

BIC: PBNKDEFF

Credit Institute: Postbank

For invoices created by SE (English language courses):

Speakeasy Sprachschule Amy Fletcher

Account number: 382652125

IBAN: DE40 1001 0010 0382 6521 25

BIC: PBNKDEFF

Credit Institute: Postbank

2.7 The payment only entitles the student to the course indicated on the student’s invoice. This payment is not transferable and does not apply to other courses. If a change is required, please see para. 2.4.

2.8 If SE or SE GmbH does not receive the course fee in full by the due date, the participant no longer has any claim to the services booked. In this case SE or SE GmbH is entitled to make the services available to other interested parties. In this case, however, the contract is still valid and the course fee will be applied to another course at SE or SE GmbH.

2.9 Failure to attend the booked course, late arrival, early departure or withdrawal from the course or other absences (e.g. due to illness) will not be eligible neither for reimbursement of course fees nor for make-up classes. Please note the conditions under the cancellation policy.

3 Contract period

3.1 All language courses of SE or SE GmbH have a specific duration. The single course duration can be viewed at https://speakeasy-sprachschule.de/schedule-pricing.

3.2 The contract duration is related to the booked package, which may consist of multiple single courses – this may include but is not limited to the booking of multiple group courses, or group plus private courses. The booked package is indivisible and its contract totality is subject to the regular terms and conditions.

4 Registration deadline

4.1 The registration deadline for all courses ends 10 working days before the beginning of the respective course.

4.2 If the course participant fails to meet the 10-day deadline for booking a course, a course reservation cannot be guaranteed.

5 Consequences of not participating in the language course

5.1 In the case of unexcused and / or untimely deregistration (see section 6 Deadlines for cancellation) of the booked language course, SE or SE GmbH has a claim to payment in the amount of the course fee against the course participant.

5.2 The student is free to provide proof to SE or SE GmbH that the damage suffered by SE or SE GmbH is less or has not been incurred.

6 Deregistration deadlines and cancellation 

6.1 If the student(s) decides at short notice not to participate in a course, please note the following: (1) A deregistration must take place not less than 31 working days before the start of a group course;(2) A deregistration must take place not more than 10 working days after enrollment for a (semi-) private course;(3) Otherwise, refer to para. 5. If the above conditions are not met, please note the following: 

6.2 The student can withdraw from the course booking under the following conditions. These conditions apply to group and (semi) private students. The following conditions refer to course fees, as the registration fee (45,00 Euro) and the administration fee (25,00 Euro) are always non-refundable.  – In case of cancellation no later than thirty calendar days before the start of the course, SE or SE GmbH will retain a service fee of 75,00 Euro (plus the registration fee or the administration fee). – In case of cancellation no later than fourteen calendar days before the start of the course, SE or SE GmbH will retain a service fee of 150,00 Euro (plus the registration fee or the administration fee).- In case of cancellation no later than seven calendar days before the start of the course, SE or SE GmbH will retain an amount equal to 30% of the course fee, but no less than the service fee of 150,00 Euro (plus the registration fee or the administration fee).- In case of cancellation no later than one calendar day before the start of the course, SE or SE GmbH will retain an amount equal to 50% of the course fee, but no less than the service fee of 150,00 Euro (plus the registration fee or the administration fee).- In case of cancellation after the start of the course, SE or SE GmbH will retain 100% of the course fee (plus the registration fee or the administration fee).The student may provide evidence that it is appropriate to withhold a lesser amount in an individual case. 

6.3 A private lesson student is also subject to the following conditions: – In case of cancellation no later than 21 days after enrollment and failure to start the course, SE or SE GmbH will retain an amount equal to 30% of the course fee, but no less than the service fee of €150,00 (plus the registration fee or the administration fee).- In case of cancellation no later than 30 days after enrollment and failure to start the course, SE or SE GmbH will retain an amount equal to 50% of the course fee, but no less than the service fee of €150,00 (plus the registration fee or the administration fee).- In case of cancellation no later than 60 days after enrollment and failure to start the course, SE or SE GmbH will retain 100% of the course fee (plus the registration fee or the administration fee).


6.4 Lessons for private and group courses can be canceled in writing no later than 24 hours before the beginning of the lesson. Lessons that are not canceled on time must be paid in full.  

6.5 All booked lessons must be taken within 12 months from the first lesson. Unless booked lessons are used, they will be forfeited unless the student was prevented from using them due to circumstances attributable to SE or SE GmbH (such as scheduling collisions).

7 Postponement of the language course

7.1 If a course is postponed and the reasons for the postponement are the responsibility of SE or SE GmbH, the course participant will receive a credit for the postponed course. This credit can be used by the student to book course offers at SE or SE GmbH. In this circumstance, the course participant is not entitled to a refund of the course fee.

8 Cancellation of the language lesson

8.1 If a lesson is cancelled and the reasons for the cancellation are the responsibility of the SE or SE GmbH, the course participant will receive a make-up lesson at the end of the course, so that the course participant doesn’t lose the lesson.

9 Amendment to the course execution

9.1 The amendment to course execution is the sole discretion of SE or SE GmbH and this is made in accordance with national health and safety guidelines and restrictions. This may include but is not limited to moving an offline course into an online format for the duration those restrictions are in place and considering the feasibility of SE or SE GmbH premises to comply with national health and safety guidelines.

9.2 Such an amendment involves no change in the course fees. The recovery of impeded course time due to technical failure is the sole discretion of SE or SE GmbH based on evident technical failure from the side of SE or SE GmbH.

10 Teaching Unit (UE)

10.1 One teaching unit is 45 minutes.

11 Minimum number of participants

11.1 If the course falls short of the required minimum number of course participants (4 course participants in intensive and semi-intensive courses, 3 participants in standard and conversation courses), the course will not take place. The student then receives a course credit, see para. 7. It is possible to complete intensive and semi-intensive courses with less than the required minimum number of course participants, but with reduced number of course units. The price of the course remains unchanged.

The reductions in UE are as follows:

3 students = 72UE

2 students = 48UE

1 student = 20UE

(From 4 course participants = 80UE).

Alternatively, the individual student will be transferred to a suitable course.

12 Cancellation policy 

If you are a student and make a contract with us via means of remote communication (online booking through our website), you are entitled to a right of withdrawal according to the following conditions. A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the date of the contract.To exercise your right of withdrawal, you must contact us (Speakeasy language school GmbH, Steinweg 7 60313 Frankfurt am Main, Telephone: 069 2424 9525, E-mail: info@speakeasy-sprachschule.de, or Speakeasy language school, Kaiserhofstrasse 10, 60313 Frankfurt am Main, Telephone: 069 2424 9525, E-mail: info@speakeasy-sprachschule.de) by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached withdrawal form for the cancellation, but you do not have to. If you make use of this option, we will immediately send you (eg by e-mail) a confirmation of the receipt of such a revocation.In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of the cancellation If you withdraw from this contract, we shall reimburse you for any payments we have received from you without delay and no later than fourteen days from the date on which we received notice of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you. In no case will you be charged for the repayment fees. If you have requested that the services be commenced during the cancellation period, you must pay to us an amount equal to the proportion of services already provided by you at the time you inform us of the exercise of the right of withdrawal in respect of this contract and in comparison to the total volume of services provided for this contract. Template cancellation form If you wish to revoke the contract, please fill out this form and send it back to:  

Speakeasy Language School GmbH

Steinweg 7

60313 Frankfurt on the Main

Telephone: 069 2424 9525

E-Mail: info@speakeasy-sprachschule.de  

Or, for English-language courses:

Speakeasy Language School

Kaiserhofstrasse 10

60313 Frankfurt on the Main

Telephone: 069 2424 9525

E-Mail: info@speakeasy-sprachschule.de  

I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)  Ordered on (*) / received on (*) ____________________________  Name of the consumer (s) ____________________________ Address of the consumer (s) ____________________________ Signature of the consumer (s) (only when notified on paper) ______________ date (*) Delete as appropriate. 

13 Liability 

13.1 SE or SE GmbH is liable for damages only in the case of intent and gross negligence. SE or SE GmbH is also liable for the negligent breach of material contractual obligations (cardinal obligations), specifically such obligations whose breach jeopardizes the achievement of the purpose of the contract and on the compliance of which a contractor may regularly rely. In the case of a negligent breach of cardinal obligations, however, the SE or SE GmbH is liable only for the foreseeable, contract-typical damage. 

13.2 The above exclusions of liability do not apply to injury to life, limb and health. Liability under the Product Liability Act remains unaffected. Exclusion or limitation of SE’s or SE GmbH’s liability also affects the personal liability of its legal representatives, employees and other vicarious agents. 

14 Differing agreements 

14.1 Individually made agreements with you take precedence over these Terms and Conditions. The text form is required in relation to the content of such agreements. 

15 Final provisions 

15.1 German law shall apply, excluding the UN law on the international sale of goods (CISG). For consumers, this choice of law applies only insofar as it does not exclude the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence. 

15.2 In case of disputes concerning the meaning or interpretation of a provision of the English version of these terms and conditions, the German version shall prevail in case of doubt. 

15.3 Jurisdiction is the seat of the SE or SE GmbH, Frankfurt am Main, as far as the customer is not a consumer, but a merchant, legal entity of public law or special fund under public law or if the customer has relocated his domicile or habitual residence abroad after conclusion of the contract or his domicile or habitual residence at the time of filing the action is known.

15.4 Should one of the above provisions be ineffective, the statutory provisions shall apply. The principle of the primacy of the individual agreement (§ 305b BGB) prevails over consumers. 

15.5 The GTC of the SE or SE GmbH can be changed insofar as this does not affect any essential provisions of the contractual relationship and this is necessary to adapt to developments which were unforeseeable at the time of conclusion of the contract and whose non-consideration would noticeably disturb the balance of the contractual relationship. Essential provisions are in particular those concerning the type and scope of the contractually agreed services and the term of the contract. Modifications or additions to the terms and conditions may be made by the SE or SE GmbH, as far as this is necessary for the elimination of difficulties in the implementation of the contract due to regulatory gaps arising after the conclusion of the contract. This may in particular be the case if the case law changes and one or more clauses of these terms and conditions are affected. 

As of July 2020