General Terms and Conditions
1. Conclusion of the contract
The binding registration of a course participant takes place in text form in accordance with Section 126b BGB. With the registration of a course participant, the participant or the agency accept the conditions of participation and general terms and conditions of Dialoge – Bodensee Sprachschule GmbH (hereinafter “Dialoge”), provided that these are effectively based on the contract. The contract is concluded with the declaration of acceptance / confirmation through Dialoge, which also represents the invoice.
In the case of group contracts, Dialoge creates an individual offer. In this case, the timely acceptance of this offer leads to the conclusion of the contract. The acceptance takes place in text form according to Section 126 b BGB.
2. Terms of payment / prices & commissions
2.1. Upon receipt of the invoice, any contractually agreed down payment is due immediately.
2.2. Payments must be made by bank transfer to the following account:
Dialoge – Bodensee Sprachschule GmbH
Sparkasse ME-LI-MI, Bregenzer Str. 33, 88131 Lindau
SWIFT CODE: BYLADEM1MLM
IBAN: DE26 7315 0000 1002 0508 37
2.3. The deposit is due 7 days after the invoice date. The remaining amount must be received by Dialoge no later than 14 days before the start of the course. The receipt of payment on Dialoge’s account is decisive. If the agency is a contractual partner, the current “Agent’s Manual” or the agency contract and the terms of payment contained therein apply.
2.4. If the down payment and / or the payment of the balance is not made in accordance with the agreed payment due dates, Dialoge is entitled to withdraw from the contract after a reminder with a deadline and to charge the contractual partner with withdrawal costs in accordance with Section 4. In this case, the course participant loses all entitlement to all booked services.
2.5. An integral part of the contract is the price list valid at the time of registration and the contract.
2.6. The signed commission agreement applies to agencies.
3. Services of Dialoge
3.1. One lesson lasts 45 minutes.
3.2. Dialoge is not liable for failure to achieve a certain learning or teaching success. The specifications made by Dialoge regarding the number of lessons required to achieve a language level are based on many years of experience and may differ from actual requirements in individual cases.
3.3. For cancelled lessons or programs, Dialoge offers replacement lessons or replacement programs. If this is not possible in individual cases, Dialoge undertakes, in addition to immediately notifying the customer, the reimbursing of any lessons that have been paid and not taken after the respective program has ended. Moreover, the course participant / contract partner as a rule, has no claims to Dialoge.
3.4. There is no entitlement to instruction from a specific teacher unless this is specifically guaranteed. A change of teacher can be part of the Dialoge method and does not entitle the customer to terminate or withdraw from the contract. Warranty rights for defects remain unaffected.
3.5. Organizational matters should only be agreed with the customer service in the secretariat, not with the teacher. The teachers are not authorized to make representations or other contractual statements on behalf of Dialoge.
3.6. Every change of residence of the course participants must be reported to the customer service in the secretariat immediately.
3.7. Teaching material is generally not included in the price.
3.8. Dialoge is entitled to change or restrict the content of the courses or to exchange content as well as to modify modules appropriately with regard to their content, in particular to reduce or expand them appropriately, considering this becomes necessary after the conclusion of the contract and this was brought about against good faith. The changes are only permitted if they are not significant and do not affect the overall design of the confirmed service. Warranty rights for defects remain unaffected.
4. Course cancellations
4.1. Withdrawal from the contract for individual participants is possible at any time. The date on which Dialoge receives the declaration of withdrawal is decisive. The withdrawal should be declared in writing for the purpose of proof.
4.2. In the event of withdrawal from the contract up to 30 days before the start of the course, a cancellation fee of € 150.00 will be charged for each service (course and accommodation). If you withdraw from the course 29 days to 6 days before the start of the course, a cancellation fee of € 300.00 will be charged for each service (course and accommodation) and if you withdraw from the course 5 or less days before the start of the course, the full invoice amount must be paid. Invoiced visa fees and other possibly disbursed amounts are to be paid additionally in any case. If the agency is a contractual partner, the current “Agent’s Manual” or the agency contract and the cancellation conditions contained therein apply.
4.3. The course participant or the agency can prove that in the specific case no damage or less damage than the flat rate amount occurred. Dialoge recommends that the participant take out travel cancellation insurance so that the participant for example in the case the remuneration paid is reimbursed for illness.
4.4. If a course participant has booked one-to-one lessons and cannot keep an agreed date, Dialoge should be notified in writing no later than 24 hours before the start of the respective course to be able to arrange an alternative date with the participant. If this deadline is not met, there is no entitlement to reimbursement.
4.5. Dialoge can only withdraw from the contract if the minimum number of participants has not been reached in accordance with the following provisions: The minimum number of participants is specified in the course description and the time by which the contract partner must receive the declaration at the latest before the contractually agreed start of the contract. The minimum number of participants and the latest free cancellation period are also specified in the booking confirmation. Course places are given in the order of incoming enrollments (under reserve of a timely payment). In case of an insufficient number of participants (minimum number of participants per class: 5 people), Dialoge reserves the right to either conduct the course as mini-groups and to reduce the number of course hours proportionally or to cancel or interrupt the course with a 4-days-notice prior to the course start. Dialoge is obliged to inform the contractual partner of the cancellation immediately if it is certain that the course will not be held because the minimum number of participants has not been reached. If the course is not held for this reason, Dialoge must immediately, but in any case, within 14 days of receipt of the declaration of withdrawal, reimburse the customer’s payments to the contract price.
5. Course abandonment and interruption
5.1. The regulations from 4.1 apply.
5.2. If the course is discontinued, or the course is interrupted, the agency has no right to compensation for its participant and also no right to postpone the course to a later date.
5.3. A reimbursement or a credit note for amounts already paid is only permitted if 4.2. or 4.3. possible.
If a visa application is rejected, the invoiced visa fee will be withheld upon presentation of the rejection notification from the embassy. Invoices that have already been transferred for the language school service booked will be refunded.
7.1. Dialoge is the landlord for the accommodations it arranges, i.e. the contractual relationship for the rental exists directly between Dialoge – Bodensee Sprachschule GmbH and the course participant.
7.2. The house rules for accommodation on the website must be observed. The agency must ensure that these become the basis of the contract with the participant when the contract is contract is concluded. In the event of a gross violation of the house rules, the participant loses the right of residence without reimbursement of costs.
8. Obligations of the contractual partner
8.1. The agency must ensure that the participants’ stay in Germany is lawful. Dialoge takes a valid entry and residence permit as a matter of course.
8.2. Dialoge is not responsible for taking out health, accident and liability insurance. Dialoge – Bodensee Sprachschule GmbH recommends taking out appropriate insurance.
9. Liability of Dialoge – Bodensee Sprachschule GmbH / Statute of limitations
9.1. Dialoge’s contractual liability for damage that is not personal injury and was not culpably caused is limited to the contract price per participant (calculated on the price per participant)
9.2. Contractual claims of the contractual partner against Dialoge, regardless of the legal basis, except for claims from tort or claims due to physical injury or damage to health, expire after 1 year, unless otherwise agreed. The statute of limitations begins at the end of the year in which the claim arose, and the contractual partner became aware of the circumstances giving rise to the claim against Dialoge or should have become aware of them without gross negligence. If negotiations are pending between the contractual partner and Dialoge about asserted claims or the circumstances alleviating the claim, the limitation period is suspended until the contractual partner or Dialoge refuses to continue the negotiations.
10. Data protection
The agency agrees that Dialoge can electronically record and process its data in accordance with the data protection declaration available on our website for the proper implementation of the registration, billing and performance verification procedure. When registering for telc exams, personal data (first name, surname) will be passed on to telc GmbH for purposes relating to the language test. Further information on the terms and conditions and the implementation provisions can be found on their website www.telc.net.
11. Applicable law, place of jurisdiction
11.1. The EU Commission provides a platform for online dispute resolution on its website under the following Internet link: http://ec.europa.eu/consumers/odr.
This platform is used for the out-of-court settlement of disputes arising from online purchase or online service contracts in which a consumer is involved as a buyer or authorized service provider.
11.2. Dialoge is neither willing nor obliged to participate in the dispute settlement procedure before consumer arbitration boards. Should such participation become mandatory for the company, the consumer will be informed immediately.
11.3. In the event of disputes about the meaning or interpretation of a provision of a translated version of these terms and conditions, the German version shall prevail.
11.4. The place of fulfilment and jurisdiction for Dialoge is Lindau.
12. Consequences of withdrawal
Right of revocation for consumers in the case of distance contracts and off-site contracts, you have the right to revoke a contract concluded by fax, e-mail or online within fourteen days without giving reasons. The cancellation period is fourteen days from the day the contract is concluded. In order to exercise your right of withdrawal, you must inform Dialoge, Schützinger Weg 2, 88131 Lindau or firstname.lastname@example.org by means of a clear declaration (e.g. a letter sent by post, fax or email) about your decision, to revoke this contract.
12.1. If you withdraw from this contract, we must repay all payments that we have received from you (with the exception of those already incurred costs). If you request that the service begins during the cooling off period, you are required to pay us an amount proportionate to the amount of time the services have been used between the start of the contract and the date of termination. According to Section 312g (1) BGB, the right of withdrawal only applies to consumers and not to entrepreneurs or language travel agencies. Otherwise, the above mentioned right of withdrawal for consumers only applies in the case of contracts concluded outside of business premises and in the context of so-called distance sales contracts, this signifies that contracts in which the entrepreneur or a person acting on their behalf or on behalf of the consumer and where the consumer exclusively uses means of distance communication for the contract negotiations and the conclusion of the contract, unless the conclusion of the contract does not take place within the framework of a sales or service system organized for distance selling ( Section 312c (1) BGB).
Model withdrawal form
Dialoge – Bodensee Sprachschule GmbH
Schützinger Weg 2
I / we (*) hereby revoke the contract concluded by myself / 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)
(*) Please delete what does not apply.