AGB

Allgemeine Geschäftsbedingungen von

Nativa Akademie

Inh.:          Schildkröte GmbH

Anschrift: Bredowstraße 29, 10551 Berlin

E-Mail:      info@nativa-akademie.de

Telefon:  +49 30 / 398 76 295

Fax:          +49 30 / 398 76 105

Email:      info@nativa-akademie.de

Handelsregister

Amtsgericht Berlin-Charlottenburg

HRB 30 373 B

USt-IdNr: DE236775852

– nachfolgend als Veranstalter –

General terms and conditions

The following general terms and conditions apply to the business relationship between us (the organizer) and you (the course participant).

This translation of our general terms and conditions serves the purpose of information only. Only the German version of our terms and conditions (AGBs) is legally binding.

Contract

• (1) The contract is concluded upon application for a course / individual lessons by the course participant and acceptance by Nativa Akademie. If Nativa Akademie does not expressly declare acceptance of the application in writing, by telephone or by e-mail / online, the contract is concluded by handing over of the registration confirmation. Subsequent changes, in particular the subsequent assertion of discounts, are not possible.

• (2) Upon registration for an event (with the exception of application for individual consultation, placement tests), course participants receive a confirmation of registration as proof and receipt. The confirmation of registration is not transferable.

•  (3)The contracts are concluded on the condition that the minimum number of participants of at least 4 people is reached.

Scope of services and conditions for participation

•  (1) The scope of the services of Nativa Akademie (place, time, duration, course theme, educational goal) is made evident by the description of the courses in the course descriptions displayed on the business premises and published on the Internet at the time of registration.

•  (2) Nativa Akademie is entitled to make the participation in a course dependent on personal and / or factual requirements. If necessary, information in regards to those requirements will be communicated by email / telephone.

Fees

•  (1) Information on the general regulations on the level of fees is provided in the school and on the Internet.

•  (2) The total costs for each service are disclosed in the school, as well as on the Internet and the confirmation of registration.

Terms of payment

•  (1) The registration obligates to payment of the stated costs regardless of actual participation in an event (course / individual lessons). The payment must be made before the start of the event at Nativa Akademie.

•  (2) Cash payment is possible at the school office only. Payment per bank transfer is also possible.

•  (3) Payment of the course fee is due with the conclusion of the contract and is to be paid in accordance with the terms stated below. The criterion for timely payment is the date on which the amount due arrives to the organizer. Upon registration a deposit of 100,00EUR is to be made. Payment of the entire course fee must be made no later than 14 days before the course begins. If the contract is only concluded within 14 days before the start of the course, the entire course fee must be paid immediately.

•  (4) The remaining course fee must be paid no later than 14 days before the start of the course. If the contract is concluded less than a week before the start of the course, the entire course fee must be transferred immediately.

•  (5) The course fee for individual lessons must be paid no later than 2 weeks before the start of the course.

•  (6) Participation in the course requires full payment of the course fee before the start of the course. If the course fee has not been paid in full in cash or by bank transfer before the start of the course, we may refuse you to participate in the course concerned until the course fee has been paid in full.

•  (7)The course dates that are missed until the course fee has been paid in full will neither be reimbursed in the form of replacement dates nor through partial repayment of the course fee.

•  (8) Subsequent invoicing in the name of third parties is not possible.

Confirmation of participation

•  If a course is attended regularly (at least 70%) Nativa Akademie can issue a confirmation of participation upon request. The first copy within six months after the end of the event is free of charge, for a later copy or a second copy a flat fee of 20 € will be charged.

•  Copies of invoices within six months after the end of the event will be charged with a flat fee of 10 € per copy.

Organizational changes

•  (1) There is no entitlement to the event being led by the announced or a specific course instructor.

•  (2) If an event cannot take place due to an insufficient number (less than 4 participants) of registrations, the participants will be reimbursed the fee already paid.

•  (3) If parts of an event cannot be carried out in the originally intended form (e.g. due to the hindrance of the course instructor, closure of the school by the Senate, health department or other authorized authorities), Nativa Akademie offers the participants equivalent replacement, in particular by making up for failed parts of the event. Online courses are also an equivalent replacement. If an equivalent replacement cannot be offered, the fees for unused services will be refunded. Details on this are regulated under number 9 paragraphs 1 to 4.

•  (4) Compensations in monetary value are – except in the case of intent or gross negligence – limited in amount to the period of the lessons concerned.

•  (5) Classes will not take place on Berlin-wide or nationwide public holidays. These classes will not be made up at a later date.

Liability exclusions

•  (1) Nativa Akademie is only liable for accidents and other damages to participants (e.g theft or damage to their property) during the courses in the event of willful intent or gross negligence.

•  (2) The exclusion referring to paragraph 1 neither does apply if Nativa Akademie culpably violates obligations that constitute the essence of the contract (cardinal obligations), nor in the event of a culpable injury to life, body or health of the participants.

•  (3) Nativa Akademie assumes no liability for accidents and other damages on the way to or from the events.

Obligations of the participants

•  (1) Nativa Akademie documents the attendance of the course participants by name on each visit (by the use of abbreviations).

•  (2) The confirmation of registration must be presented on request. If this is not possible, the participant can be excluded from further participation if the permission to participate cannot be proven in any other way.

•  (3) The participant is obliged to treat the equipment, facilities and event rooms of Nativa Akademie used by him or her carefully and to observe the house rules and the fire protection regulations of the buildings in which the events take place, as well as any smoking bans or hygiene measures.

Withdrawal and termination of the contract by Nativa Akademie

•  (1) Nativa Akademie can withdraw from the contract or terminate it if an event cannot fully or partially take place due to reasons for which the Nativa Akademie is not responsible (e.g. due to the hindrance of the course instructors, the closing of the school, ordinances by state authorities)

•  (2) Nativa Akademie can terminate the contract during a lesson with immediate effect if the actual number of participants (at least 4 participants) in a course decreases permanently (at least on three consecutive event dates). The school is therefore entitled to shorten the lesson units.

•  (3) If an event cannot take place, the participants will receive the fee already paid back.

•  (4) If an event is only partially carried out, the fees for services not carried out will be refunded. A reimbursement of any flat-rate administration costs and expenses for material used is excluded.

•  (5) Nativa Akademie can terminate the contract with immediate effect during a lesson for significant reasons. Significant reasons are the cases described in paragraphs 1 and 2 and in the following cases: a) if the fee has not been paid, b) if there are no personal or factual requirements for participation in the course in accordance with number 2 paragraph 2, c) engaging in behaviour harmful to the group, d) in the case of significant violations of the house rules.

•  (6) If the language school terminates the contract in accordance with paragraph 5 due to a lack of personal and factual requirements for participation, the fees for unused services as described in paragraph 4 may be repaid.

Termination, cancellation and revocation of the contract by the participants / group courses

•  (1) The cancellation of the course registration must be made in writing.

•  (2) Withdrawal fees: Withdrawal…

– up to 31 days before the course starts: 10% of the invoice amount
– up to 15 days before the course starts: 30% of the invoice amount
– from the 14th day before the course starts: 50% of the invoice amount
– once the course begins: no refund possible.

•  (3) In the cases of paragraphs 2-4 stated above, the course participant is expressly permitted to prove that the organizer has suffered no or no substantial damage by withdrawing.

•  (4) A transfer of the right to participate in the course to another participant is not possible.

•  (5) The date of receipt of the declaration of cancellation or revocation is significant for compliance with the above-mentioned deadlines.

Termination, cancellation and revocation by the participants / individual lessons

•  (1) If the course takes place in the form of individual lessons, the individual dates must be set in advance. Should you not be able to attend the agreed individual appointment, you should cancel the appointment at least 24 hours before the respective course date. If the individual appointment is cancelled later, the cancelled lessons will not be made up and will not be reimbursed.

•  (2) Individual lessons can begin one week after registration at the earliest.

•  (3) After the start of the individual lessons, a change to another course form, e.g. group or evening course, is not possible.

•  (4) Booked individual lessons must be taken within a period of 6 months. If there are still open lessons that have not been taken within the 6 months, they expire without replacement.

Contract language, storage of the contract text, code of conduct

•  (1) The contract language available is exclusively German. The contract will be stored by us. You have no access to the text of the contract we have saved.

•  (2) The organizer is not subject to any organizer codes. We are neither obliged nor willing to take part in a dispute settlement procedure before a consumer arbitration board.

Copyright protection

•  (1) The copying and distribution of teaching material is not permitted without permission. Photography, filming and recordings on sound carriers in the courses are not permitted without permission.

Students who require a visa to attend the course

•  (1) If you need an invitation letter from us to apply for a student visa, this will only be issued after the entire course fee has been paid. After we have received the full payment, we will send you the invitation letter required to apply for a student visa.

•  (2) The organizer is not subject to any organizer codes. Furthermore, we are neither obliged nor willing to take part in a dispute settlement procedure before a consumer arbitration board.

•  (3) You must bear the risk of the timely issuing of a visa application yourself. If the visa is not granted in time and you therefore cannot start the booked course in time, you are not entitled to postpone the start of the course or to attend an equivalent course with a later start date. Rather, you have to catch up on the missing course material yourself in order to be able to start the course at a later point in time. A reimbursement of the course fee for the hours not attended is excluded.

•  (4) If the requested visa is not issued and the lessons are therefore not used, we will reimburse you the entire fee with the exception of an administration fee of 200,00EUR. However, the reimbursement can only be made if you send us a copy of the rejection letter from the German Embassy. The reimbursement is only possible within a period of 6 months. It is no longer possible to claim the course fee at a later date.

•  (5) If the course participant has booked a course and does not appear at the beginning of the course or does not attend more than two appointments during the course without excuse, we reserve the right to notify the foreigners‘ registration authorities to which the letter of invitation has been sent.

Storage of personal data and data protection
Nativa Akademie uses automated data processing for the purpose of managing the courses. Detailed information on data protection regulations for participants can be found on Nativa Akademie‘s website at www.nativa-akademie.de/datenschutz/.

If you register on site, the data protection declaration will be handed out personally in writing. When registering online via:
www.nativa-akademie.de/anmeldeformular/, each course participant automatically receives a declaration on data protection with the booking.

Our email address is: info@nativa-akademie.de

Data protection
1. The organizer collects data from the course participant as part of the processing of contracts. In particular, the provisions of the Federal Data Protection Act and the Telemedia Act are observed. Without the consent of the course participant, the personal data of the course participant will only be collected, processed and used to the extent necessary to process the contractual relationship and for the use and billing of the course.

2. Without your consent, we will not use your data for advertising, market or opinion research purposes.

3. You also have the right to receive information about the personal data stored about you free of charge. If the personal data we have stored about you is incorrect, the data will of course be corrected upon your inquiry. You also have the right to revoke your consent to the storage of personal data at any time with effect for the future. In the event of a corresponding notification, the personal data stored about you will be deleted, unless the data in question is still required to fulfil the obligations of the concluded contractual relationship or legal regulations prevent deletion. In this case, the personal data concerned is blocked instead of being deleted.

You are requested to contact us by email (info@nativa-akademie.de) or by post (Schildkröte GmbH, Bredowstraße 29, 10551 Berlin) with a corresponding request regarding the free information, correction, deletion or blocking of your data.

Final provisions
The contract is subject to the laws of the Federal Republic of Germany. If the course participant is a consumer, the existing statutory regulations and rights in favour of the consumer under the law of the country of residence of the course participant, which may not be deviated from by agreement, remain unaffected by this agreement.