General Terms and Conditions of Medlingua Germany

Scope of Application
These conditions apply to all contracts concluded by Medlingua Germany for offered language courses, including language courses for professional qualification and related services, such as the provision of accommodations in apartments or rooms, assistance in obtaining visas, or securing a study place for course participants (hereinafter referred to as participants). Wherever a male designation is used below, it serves solely for linguistic simplification. Individuals of any gender are meant.

General/Course Allocation/Rebooking
Participation in the courses offered by Medlingua Germany is open to everyone, provided that the knowledge or previous knowledge required by Medlingua Germany for participation in certain courses is present. Medlingua Germany will inform those interested in participating about the respective requirements. The participant must provide accurate information about his prior knowledge and qualifications for the purpose of accurate classification. Admission to course offers and the classification of the participant are at the discretion of Medlingua Germany and with due consideration of the interests and objectives of the participants. The allocation of teaching staff or possible replacement of teachers is at the discretion of Medlingua Germany. There is no entitlement to the conduct of an event by specific teachers. A rebooking of the booked services (e.g., change of course date, change of quality classification) can be granted in exceptional cases, provided that this does not lead to a disruption of the course organization. There is no entitlement to this.

Registration and Conclusion of Contract
A participant registers digitally on the homepage of Medlingua Germany or in paper form. The registrant is bound to his registration for 14 days. A contract is only concluded when Medlingua Germany confirms the registration in text form (in writing, by e-mail). With the written registration, the participation conditions and these General Terms and Conditions of Medlingua Germany are also bindingly recognized. The contract is subject to German law. If a translation into another language is additionally provided, the German text is decisive in case of interpretation problems.

Provision of Accommodations
If the participant wishes to book accommodation, a separate rental contract is concluded by another external company. Medlingua Germany does not provide accommodations for customers. The accommodations are mediated by Medlingua Germany, and we as a language school are not liable for your accommodation. The type of accommodation and the facilities are regulated in the separate contract. The accommodation request must be communicated with the registration. If this is done later, Medlingua Germany cannot guarantee the availability of accommodation. The effectiveness of the booking of the language course is independent of a subsequent request for accommodation, or the existence of a rental relationship if Medlingua Germany terminates it due to a culpable breach of contract.

Duties and Services of Medlingua Germany
The services to be provided by Medlingua Germany regarding the educational offer and educational objectives are derived from the registration statement after confirmation by Medlingua Germany, the invoices issued to the participant upon confirmation, and the descriptions in the brochure of Medlingua Germany, which can also be downloaded from the Internet. Medlingua Germany commits to adhering to any existing guidelines and specifications necessary to enable the participant to achieve the educational objective. Naturally, a guarantee for achieving the educational objective cannot be given. The educational objective is recognized language certificates. Medlingua Germany teaches according to curricula, according to a language goal, which it determines itself and adapts to requirements as necessary. Medlingua Germany, at its discretion, assigns teachers to specific courses, who can also be exchanged if necessary.
The language courses are differentiated according to the Common European Framework of Reference for Languages (CEFR). Medlingua Germany offers instruction at the following levels, which are explained in more detail in the brochure: A1, A2, B1, B2, C1, C2. Medlingua Germany classifies the participant according to reasonable discretion based on the participant’s statements about their language level and previous training into courses. The participant cannot demand placement in a specific course. Medlingua Germany reserves the right to conduct a placement test to verify the participant’s language level for course allocation in case of doubt. Medlingua Germany will, in any case, issue a confirmation of participation and the actual extent of participation to the participant. Upon successful completion, an appropriate certificate for the actual services provided will also be issued. Confirmations are usually issued at the end of a course. Medlingua Germany has a right of retention to such confirmations if not all due invoices or installments have been fully paid at the time of issuance.
As far as external examinations are taken, the conditions of the respective institute for the issuance of an examination certificate are decisive. Medlingua Germany provides these to the participant for inspection upon request. Recommended educational material for language training, such as textbooks by external authors or corresponding digital media, may have to be purchased separately by the participant.

Duties of the Participants
Participants are obliged to regularly attend training and instructional events, to notify immediately upon becoming aware of any impediments, to actively contribute to the events for the purpose of achieving the course objectives, and to refrain from any actions and behaviors that disrupt the instruction and its success. Should disruptions to the instruction occur, e.g., due to repeatedly irregular or late arrivals, and if these are not ceased after a single warning, the participant may be fully or temporarily excluded from the instruction. The same applies in case of violations against the rental agreement regulations including a valid house rules. Furthermore, the participant commits to submitting all required documents and materials in a timely manner, which are necessary for verifying the eligibility for a course or an examination, or for obtaining a visa requested for entry into Germany. Where possible, documents should be submitted immediately after confirmation of participation.

Prices/Payment Terms/Due Dates
The current price lists apply to our services. These can be seen on our homepage and in our company brochure. Upon confirmation of participation, Medlingua Germany issues an invoice for the participant, which includes all expected cost positions. Prices for accommodation are laid down in the respective rental agreement and become effective upon the participant’s signature.
Teaching materials, examination fees, bank charges, and accommodation are billed separately. Invoices from Medlingua Germany are due for payment 14 days after receipt of the invoice, where transmission in text form is sufficient. If language courses last longer than three months, the participant can request that the amount exceeding three months be paid in monthly installments, spread over the remaining duration of the language course, due on the 3rd working day of each month. This must be explicitly requested. The three months count from the date of application. Payments for accommodation are governed by the rental agreements.
As far as fees for tests and examinations at external service providers are incurred, Medlingua Germany will invoice these to the participant in a timely manner. Registration for tests and examinations is only possible once the participant has paid the fees to Medlingua Germany. In case of payment delay, Medlingua Germany can charge a processing fee of €5.00 per reminder.

Withdrawal/Termination
The participant may revoke the concluded training contract in accordance with the cancellation policy provided after the contract within 14 days of confirmation by Medlingua Germany. Otherwise, withdrawal from contractually agreed services is excluded.
The service contract with Medlingua Germany is firmly concluded and cannot be terminated prematurely. If the contractual relationship exceptionally extends over a period of more than one year, the participant has the right to terminate the contract with a notice period of two months to the end of the month, at the earliest upon the expiry of the first contract year (the start of the training being decisive).
For Medlingua Germany, the fixed term is binding.
The statutory right to terminate the contract for important reasons in accordance with § 626 BGB (German Civil Code) without notice remains unaffected. Important reasons include, in particular, if a contracting party grossly violates its obligations under the contract.

Missed Lessons/Number of Hours to be Held
The participant is obliged to regularly and actively participate in the course events. The exact course times (days/schedule) will be announced by Medlingua Germany in due time before the start of the course. If days are missed due to public holidays, they will be made up at the end of the course or by arrangement during the contract period. If the participant misses attending the courses due to absence, whether excused or unexcused, there is no entitlement to make up for the parts of the course that have already taken place. If necessary, the contracting parties should coordinate on making up for missed lessons through paid individual tuition.
The number of participants in the courses is limited to a maximum of 16 persons. The teaching hours offered in the respective course are designed for such a number of participants. Even if this number of participants is not reached, the courses will be held. If there are less than five participants, Medlingua Germany is entitled to reduce the number of hours by 25%; if there are less than three participants, by 50%. This accounts for the fact that the instruction can be more intensive and individualized for each participant, while still offering a high likelihood of success for the intended training objective.

Visa
The application for a visa is the responsibility of the participant. This also includes clarifying how a participant requiring a visa must make payment for a course according to the current regulations of the German embassy in order to obtain a visa/residence permit. Medlingua Germany will assist the participant with the formalities if needed. If the participant applies for a visa based on a language course invitation or similar documents issued by Medlingua Germany, they are also obligated to attend the language course at Medlingua Germany due to visa regulations. If the participant does not obtain a visa for reasons beyond their control, e.g., due to political unrest, they must immediately return the invitation letter to Medlingua Germany if it is still in their possession. Furthermore, in this case, they can withdraw from the tuition contract by paying a flat-rate compensation for expenses of €250.00. The participant has the right to prove that the damage incurred by Medlingua Germany is lower than this amount. The participant is required to prove to Medlingua Germany the reason for the visa rejection, in particular by providing a copy of the embassy’s rejection notice.

Liability
Medlingua Germany commits to providing the agreed services in full and as described in quality. In cases of intent or gross negligence, and in the event of a culpable violation of life, body, or health, Medlingua Germany is liable according to statutory provisions. In all other cases of simple negligence, Medlingua Germany is only liable for the culpable violation of essential contractual obligations and only for foreseeable damages typical for the contract. The regulation regarding compensation for damages applies to all claims for liability, regardless of the legal basis, including claims arising from tort.

Applicable Law/Jurisdiction/Place of Fulfillment/Contract Amendments
The contractual relationship between Medlingua Germany and the participant is subject to German law. In case of linguistic differences in the contract, the German version prevails. The place of fulfillment is Berlin. The place of jurisdiction for disputes arising from this contract is Berlin, unless statutory provisions dictate otherwise. Amendments to the contract are only possible in text form (written, by email). No further agreements have been made beside this contract that would not be laid down in text form. Should provisions of this agreement be invalid, they are to be replaced by a provision that comes as close as possible to the intended content.

Photos and Video Recordings at the Company
Consent Form for Photo and Film Recordings According to § 22 KUG

Participants in our courses and further training hereby expressly agree that photo and film recordings of them may be made according to § 22 KUG, which are related to or during their further training, continuing education, or qualification at Medlingua Germany. They also consent according to § 22 KUG to the distribution and publication of the same. This consent is not subject to any spatial, temporal, or content limitation and also includes the exclusive, transferable, and irrevocable right for the photo and film recordings made of the participant for the reason mentioned above to be edited, not only in print but also in digital form, and furthermore, to be used by third parties. The participant receives no compensation for granting this right.

Furthermore, participants waive any claims for damages, unless there is gross negligence or intentional misconduct by Medlingua Germany. Otherwise, § 15 applies.

Cancellation Policy
Consumers have the right to cancel this contract within 14 days without giving any reason, where a consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession:

Cancellation Policy
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period is 14 days from the day of the conclusion of the contract. To exercise your right of cancellation, you must inform us in writing at:
Medlingua Germany
Pappelallee 32A, 10437 Berlin
Tel.: +49 89 377 99 888 0
Email: mail@medlingua..de
by means of a clear statement (e.g., a letter sent by post or email) of your decision to cancel this contract. You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Effects of Cancellation
If you cancel this contract, we must reimburse to you all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. We will use the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise; in no event will you be charged any fees for this reimbursement.
If you requested to begin the performance of services or the supply of water/gas/electricity/district heating (delete as applicable) during the cancellation period, you shall pay us a reasonable amount which corresponds to the proportion of the services already provided up to the point when you inform us of the exercise of the right to cancel this contract, in comparison with the full coverage of the contract.
(If you wish to cancel the contract, please fill out this form and send it back.)
End of Cancellation Policy