- Phone
- Office hours
Mon - Thu: 10:00 a.m. - 04:00 p.m.
Fri: 10:00 a.m. - 02:00 p.m.
Fri: 10:00 a.m. - 02:00 p.m.
- Address
Otto-Suhr-Allee 94, 10585 Berlin
Nativa Akademie
Inh.: Schildkröte GmbH
Anschrift: Otto-Suhr-Allee 94, 10585 Berlin
E-Mail: info@nativa-akademie.de
Telefon: 030 23327011609
Email: info@nativa-akademie.de
Amtsgericht Berlin-Charlottenburg
HRB 30 373 B
USt-IdNr: DE236775852
– nachfolgend als Veranstalter –
The following General Terms and Conditions govern the business relationship between us (the organiser) and you (the course participant).
This English translation of our General Terms and Conditions is provided for informational purposes only. Only the German version of the General Terms and Conditions (AGB) is legally binding.
§1 Scope of Application
(1) These General Terms and Conditions (GTC) apply to all contracts between Nativa Akademie (hereinafter referred to as the “Language School”) and its participants (hereinafter referred to as the “Participant”) concerning language courses and telc examinations.
(2) Unless expressly agreed otherwise, the services are offered exclusively to consumers within the meaning of Section 13 of the German Civil Code (BGB).
(3) Any terms and conditions of the Participant that deviate from these GTC shall not apply unless the Language School has expressly agreed to their validity in writing.
§2 Conclusion of Contract
(1) Registration for a course or examination may be made in writing, via a registration form, online, or by email and constitutes a binding offer to conclude a contract.
(2) The contract is concluded upon issuance of a written booking confirmation or registration confirmation (hereinafter referred to as the “Booking Confirmation”) or upon issuance of an invoice by the Language School.
(3) The Booking Confirmation is generally sent automatically through the Language School’s booking system. The Booking Confirmation also serves as confirmation of registration and participation and is non-transferable.
(4) For minors, registration must be completed by their legal representatives.
§3 Minimum Number of Participants and Course Delivery
(1) Language courses will generally only be conducted if the minimum number of 4 participants is reached.
(2) If the minimum number of participants is not reached, the Language School shall be entitled to postpone, merge, or cancel the course.
(3) The Language School expressly reserves the right, at its sole discretion, to conduct courses even if the minimum number of participants is not reached. However, participants shall have no entitlement to the delivery of a course where the minimum number of participants has not been met.
(4) In the event of a cancellation by the Language School, any payments already made shall be refunded in full. Any further claims shall be excluded unless the cancellation is due to an intentional or grossly negligent breach of duty by the Language School.
§4 Course Fees, Examination Fees and Payment Terms
(1) The prices published at the time of registration shall apply.
(2) The course fee or examination fee becomes due upon conclusion of the contract. The specific payment deadline is stated on the relevant invoice.
(3) Payment must be received no later than the due date stated on the invoice. The decisive factor shall be the date on which payment is received by the Language School.
(4) Participation in a course or examination is subject to full payment of the applicable fee. The Language School reserves the right to exclude participants from attendance if payment is not made on time.
(5) The obligation to pay the course fee or examination fee remains in force even if the participant does not attend the course or examination despite having registered, unless a valid cancellation or withdrawal has been made in accordance with these General Terms and Conditions.
(6) Examination registrations, in particular for telc examinations, are binding. By registering, the participant authorises the Language School to register them for the examination on a fee-paying basis. The examination fee remains payable regardless of actual participation in the examination, unless a valid withdrawal is made in accordance with these Terms and Conditions.
(7) Payment may be made by bank transfer, PayPal, or in cash at the Language School’s premises.
(8) In the event of late payment, the Language School is entitled to exclude the participant from further attendance and to charge reminder fees and statutory default interest. The right to claim additional damages remains unaffected.
(9) Any subsequent change of the invoice recipient or transfer of an invoice to a third party shall only be possible with the prior consent of the Language School.
(10) The Language School reserves the right to transfer outstanding claims to a debt collection agency.
§5 Certificates of Attendance
(1) Upon request, the Language School will issue a certificate of attendance to participants who have attended a language course regularly.
§6 Organisational Changes / Substitutions / Liability
(1) Participants are not entitled to have a course taught by a specific teacher. The Language School reserves the right to replace course instructors where necessary, provided that the course content and learning objectives are not substantially affected.
(2) If a course is cancelled for organisational reasons, in particular due to the minimum number of participants not being reached in accordance with Section 3, any payments already made shall be refunded in full. No further claims shall arise unless liability is required by mandatory statutory provisions.
(3) If a course or individual course session must be postponed, interrupted, or cancelled in whole or in part for reasons beyond the Language School’s control (e.g. illness of the teacher, official orders, closure of premises, or force majeure), the Language School will make reasonable efforts to provide a suitable alternative, including in particular:
(4) Participants shall have no entitlement to online instruction unless online teaching has been expressly agreed upon or offered for the respective course.
(5) If a substitute arrangement within the meaning of paragraph 3 is not possible or cannot reasonably be expected of the participant, fees for services demonstrably not provided shall be refunded on a pro rata basis.
(6) Claims for damages shall, except in cases of intent, gross negligence, or injury to life, body, or health, be limited in amount to the fee paid for the affected part of the course. Any mandatory statutory liability shall remain unaffected.
§7 Liability
(1) The Language School shall be liable without limitation for damages resulting from injury to life, body, or health caused by an intentional or negligent breach of duty by the Language School, its legal representatives, or its agents.
(2) For all other damages, the Language School shall only be liable in cases of intent or gross negligence.
(3) Notwithstanding paragraph 2, the Language School shall also be liable for breaches of essential contractual obligations (*cardinal obligations*) caused by ordinary negligence. In such cases, liability shall be limited to the foreseeable damage typical for the contract.
(4) The Language School shall only be liable for the loss of or damage to items brought onto its premises (in particular clothing, valuables, and electronic devices) in accordance with the provisions set out above. Participants are advised not to leave valuables unattended.
(5) The Language School accepts no liability for damages occurring on the way to or from courses, examinations, or other events, as such travel takes place outside the Language School’s area of responsibility and control.
§8 Obligations of Participants and House Rules
(1) Participants are required to comply with the Language School’s house rules and with all instructions issued by the Language School and its teachers.
(2) Participants are required to treat classrooms, facilities, equipment, and learning materials with due care.
(3) In the event of serious or repeated breaches of the house rules, or in cases of disruptive behaviour, participants may be excluded from a course or examination. In such cases, there shall be no entitlement to a refund of course fees or examination fees.
(4) The Language School reserves the right to verify a participant’s entitlement to attend a course or examination.
§9 Withdrawal and Termination by the Language School
(1) The Language School reserves the right to withdraw from or terminate the contract if a course or examination cannot be conducted, or can only be conducted in part, for reasons beyond the Language School’s control (e.g. illness of the teacher, official orders, force majeure, or closure of premises).
(2) The Language School further reserves the right to cancel or postpone courses for organisational reasons, in particular where the minimum number of participants has not been reached.
(3) In the event of cancellation, any payments already made shall be refunded in full. Where a course or examination has only been partially delivered, fees for services demonstrably not provided shall be refunded on a pro rata basis. No further claims shall arise unless liability is required by mandatory statutory provisions.
(4) The Language School may exclude participants from further attendance and terminate the contract with immediate effect for good cause. Good cause shall include, but is not limited to:
(5) In the event of termination pursuant to paragraph 4, participants shall generally not be entitled to a refund. Where required by law or appropriate in the individual case, fees for services not provided may be refunded on a pro rata basis
§10 Withdrawal Before Course Commencement / Cancellation / Right of Withdrawal – Group Courses
(1) Withdrawal from the course contract (cancellation) may be declared in text form (e.g. by email). Compliance with the applicable deadlines shall be determined by the date on which the cancellation notice is received by the Language School.
(2) Cancellation is free of charge if received no later than 14 calendar days before the course start date.
(3) If cancellation is received between 13 and 7 calendar days before the course start date, 50% of the course fee shall become payable.
(4) If cancellation is received less than 7 calendar days before the course start date, or if the participant fails to attend without cancellation, 100% of the course fee shall become payable.
(5) In the cases referred to in paragraphs 3 and 4, the participant shall expressly be entitled to prove that the Language School has suffered no loss or a substantially lower loss.
(6) Once the course has commenced, ordinary termination is excluded, as the courses are fixed-term courses with a predetermined duration. The right to extraordinary termination for good cause shall remain unaffected.
(7) Any statutory right of withdrawal applicable to distance contracts shall remain unaffected. If the participant expressly requests that the Language School begins providing services before the withdrawal period has expired (for example, by organising a course or registering the participant for an examination), the right of withdrawal may expire in whole or in part in accordance with applicable law.
(8) Transfer of the contract to a replacement participant is only possible with the prior consent of the Language School. Consent may be refused where organisational or pedagogical reasons prevent such a transfer.
§11 Non-Attendance / Illness
(1) Missed lessons cannot generally be made up for or refunded.
(2) In the event of a prolonged illness lasting at least four weeks and evidenced by a medical certificate, the Language School may, at its sole discretion, allow the participant to transfer to a later course. There is no legal entitlement to such a transfer.
(3) Any further refunds are excluded unless otherwise required by mandatory statutory provisions.
§12 Cancellation, Withdrawal and Right of Withdrawal by the Participant – Individual Tuition / Private Lessons
(1) Where a course is provided as individual tuition, the individual lesson dates shall be agreed in advance. If a participant is unable to attend a scheduled lesson, the lesson must be cancelled in text form no later than 24 hours before the agreed appointment. If cancellation is made less than 24 hours before the scheduled lesson, the lesson shall be forfeited without any entitlement to a replacement lesson or refund of the missed hours.
(2) Individual tuition may commence no earlier than one week after registration.
(3) Once individual tuition has commenced, it is not possible to change to another course format, such as a group course or an evening course.
§13 telc Examinations
13.1 Registration and Conclusion of Contract
(1) Registration for a telc examination is binding.
2. A binding examination contract between the participant and the Language School is concluded upon issuance of the booking confirmation or registration confirmation.
3. By registering, the participant authorises the Language School to register them for the examination with telc gGmbH on a fee-paying basis.
4. The examination fee becomes due upon issuance of the invoice. The applicable payment deadline is stated on the invoice.
13.2 Withdrawal from a telc Examination
(1) Cancellation of an examination registration is free of charge if submitted in text form no later than 15 calendar days before the examination date.
2. If withdrawal is made 14 calendar days or less before the examination date, no refund of the examination fee shall be granted, as registration with telc gGmbH becomes binding and chargeable at that stage.
3. Participants who fail to attend the examination shall not be entitled to a refund of the examination fee.
4. The participant shall retain the right to demonstrate that the Language School has suffered no loss or a substantially lower loss.
13.3 Illness and Non-Attendance
(1) If a participant is unable to attend the examination due to illness, a copy of a medical certificate must be submitted on the day of the examination.
(2) In such cases, the Language School may, at its sole discretion, permit a one-time transfer to a later examination date. There is no legal entitlement to such a transfer.
(3) Participants shall not be entitled to a refund of the examination fee.
13.4 Conduct of Examinations and Examination Regulations
(1) telc examinations shall be conducted in accordance with the applicable regulations and examination rules of telc gGmbH.
(2) Participants are required to comply with the instructions of the examination invigilators and to observe all applicable examination regulations.
(3) Participants who attempt to cheat, use unauthorised materials, or otherwise disrupt the examination process may be excluded from the examination.
(4) In the event of exclusion from the examination, there shall be no entitlement to a refund of the examination fee.
13.5 Examination Results and Certificates
(1) telc certificates and statements of results are issued exclusively in digital form by telc gGmbH. Upon receipt from telc gGmbH, the Language School will forward the digital certificates and/or result documents to the participants.
(2) The Language School has no influence over the assessment, determination of results, or processing times of telc gGmbH.
(3) Upon request, the Language School may issue an informal confirmation of participation in the examination before the official examination result is available. Such confirmation does not constitute an official certificate.
13.6 Recognition of Passed Partial Examinations
(1) Previously passed partial examinations completed within the preceding 365 days may be recognised in accordance with the regulations of telc gGmbH, provided that the participant submits appropriate proof to the Language School no later than the examination date in the form of a copy of the statement of results.
13.7 Conduct and Rescheduling of Examination Dates
(1) A minimum number of participants is required for a telc examination to take place. If this minimum number is not reached by the end of the registration period, the language school reserves the right to reschedule or cancel the examination date up to 14 calendar days before the scheduled examination. Participants will be informed without undue delay and, where possible, offered an alternative examination date.
If a participant accepts the alternative examination date, the original registration shall remain valid. If the participant is unable or unwilling to attend the alternative date, any examination fees already paid will be refunded in full upon request. Any further claims, in particular claims for reimbursement of travel expenses, accommodation costs, loss of earnings, or other consequential damages, are excluded.
§14 Contract Language and Dispute Resolution
(1) The contract language is German.
(2) The Language School is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
§15 Copyright and Restrictions on Use
(1) The teaching materials provided by the Language School are protected by copyright and may be used exclusively for personal purposes within the scope of the booked course.
(2) Reproduction, distribution, or publication of the teaching materials, whether in whole or in part, is not permitted without the prior written consent of the Language School or the respective rights holder.
(3) Photo, video, or audio recordings during lessons or examinations are not permitted without the express consent of the Language School and the persons concerned.
§16 Course Participation Requiring a Visa
(1) Participants who require a visa in order to attend a course may, upon request, receive a confirmation of registration for the booked course. This confirmation will only be issued after the course fee has been paid in full.
(2) The participant is solely responsible for applying for and obtaining the required visa in good time. The Language School gives no guarantee that the visa will be granted or issued in time.
(3) If the visa is not issued in time and the participant is therefore unable to start the course, or unable to start it on time, there shall be no entitlement to postpone the course or to receive a refund of course fees for missed lessons.
(4) If the visa is definitively refused, the participant may withdraw from the contract. In this case, the Language School shall refund the course fee paid, minus an administrative fee of €200. This is subject to the participant submitting a copy of the official refusal notice issued by the competent authority.
(5) The notice of withdrawal and the refusal notice must be received by the Language School within six months of the originally scheduled course start date. After this period, no refund shall be granted.
(6) Upon request by the competent authorities, the Language School is entitled to confirm whether a participant is registered for the course or attends regularly, insofar as this is necessary in connection with the visa procedure.
§17 Data Protection
(1) The Language School processes participants’ personal data exclusively in accordance with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
(2) Personal data is processed in particular for the purposes of contract administration, the delivery of courses and examinations, and communication with participants.
(3) Further information on the nature, scope, and purpose of data processing, as well as on the rights of data subjects, can be found in the Language School’s privacy policy in its current version, which is available on the Language School’s website.
(4) The controller within the meaning of data protection law is:
Schildkröte GmbH
Colditzstraße 34–36
12099 Berlin
Business premises:
Nativa Akademie
Otto-Suhr-Allee 94
10585 Berlin
§18 Final Provisions
(1) The law of the Federal Republic of Germany shall apply.
(2) To the extent permitted by law, the place of jurisdiction shall be Berlin.
(3) Should any individual provision of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.