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 “submit”. 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 enrollment 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 Forthefirstcourseenrollment,astudentwillbechargedanon- refundable enrollment fee of 45,00 Euro.

2.3 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. The change fee is to be paid immediately in order to make the change official.

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 or prior to course commencement unless otherwise agreed. All payments should be made through the available payment method 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): Amy Elizabeth Fletcher
Account number: 637 212 200
IBAN: DE14 4004 0000 0637 2122 00 BIC: COBADEFXXX
Credit Institute: Commerzbank

2.7 The payment only entitles the student to the course indicated on the student’s invoice. 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.

3.3 For language visa applicants,

• Speakeasy requires a non-refundable deposit of one Intensive Course (€689 + €45 new enrollment and visa processing fee) for visa application letters and invoices. Please note that the invoice is binding.
• Upon receipt of payment, Speakeasy will issue an Enrollment Confirmation Letter, which is required for your German visa application.
• If you are successfully granted a visa, the deposit of one course will be credited towards your Intensive Group or Private Courses (minimum of 20-unit hours per week). If your application is not approved, the fee is non-refundable. The decision on your visa application is solely under the discretion of the German Embassy.
• In case the visa application is declined, it is possible for your courses to be converted to an online format, thereby ensuring that the deposit is retained, and no further fees are incurred.

4 Enrollment deadline

4.1 The registration deadline for all courses ends 5 working days before the beginning of the respective course.

4.2 If the course participant fails to meet the 5-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 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 enrollment fee (45,00 Euro) is always non- refundable. The following conditions apply 14 days after enrollment and prior to course commencement:
– In case of cancellation no later than fourteen calendar days 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 no later than one calendar day prior to course commencement or 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.

6.2 A private lesson student is also subject to the following conditions:
– 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).

6.3 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.

6.4 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

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 the result of unforeseeable circumstances related to federal health and safety measures.

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 unless otherwise specified.

11 Minimum number of participants

11.1 If the course falls short of the required minimum number of course participants (3 participants in all group courses), the course will not take place the start date will be postponed. The student then receives a course credit, see para. 7. It is possible to commence 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 for German and English courses are as follows:

1 student = 20 UE 2 students = 40UE
The reductions in UE for courses in all other languages are as follows:
3 students = 72UE
2 students = 48UE
1 student = 20UE

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

12 Right of 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 Spraschschule GmbH, Steinweg 7 60313 Frankfurt am Main, Telephone: 069 2424 9525, E-mail: info@speakeasy- sprachschule.de, or Speakeasy Sprachschule, Steinweg 7, 60313 Frankfurt am Main, Telephone: 069 2424 9525, E-mail: info@speakeasysprachschule.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 samemeansofpaymentthatyouusedintheoriginaltransaction, 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 to 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 Sprachschule GmbH
Steinweg 7
60313 Frankfurt on the Main
Telephone: 069 2424 9525
E-Mail: info@speakeasy-sprachschule.de
Or, for English-language courses: Speakeasy Sprachschule
Steinweg 7
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 January 2023