General Terms and Conditions of Genius LSA GmbH, Heidelberg
These conditions apply to all contracts concluded by Genius LSA GmbH (hereinafter referred to as GLSA) for offered language courses, including language courses for professional qualification and related services, such as providing accommodation in apartments or rooms, assistance in obtaining visas or obtaining a student place (hereinafter referred to as a student). Insofar as a male name is given below, this is for linguistic simplification only. This refers to persons of all sexes.
Participation in the courses offered by GLSA is possible for everyone, provided that the knowledge or prior knowledge required by GLSA is given to participate in certain courses. GLSA will inform those interested in participating of the respective requirements. The participant must provide accurate information about his/her prior knowledge and qualifications for the purpose of an accurate classification. Admission to course offers and the placement of the participant shall be at GLSA’s discretion and with due regard to the interests and objectives of the participants. The allocation of teaching staff or, where appropriate, substitutions of teachers is at GLSA’s discretion. There is no entitlement to an event by certain teachers. A transfer of the booked services (e.g. change of course date, change of quality classification) can be granted in exceptional cases, if a disruption of the course organization is not to be expected. There is no entitlement to it.
- Registration and conclusion of the contract
Registration of the participant is done by this digital ly on the homepage of GLSA or in paper form. The registrant is bound to his registration for 14 days. A contract is only concluded when GLSA confirms the application in text form (in writing, by e-mail or by fax). With the written registration, the terms and conditions of participation and these GTC are also accepted by GLSA. The contract is based on German law. If a translation into another language is additional, the German text is decisive in case of problems of interpretation.
- Provision of accommodation
If the participant wishes to book an accommodation, a separate rental contract is concluded for this purpose. In principle, the accommodation can only be left during the period of the training. The type of accommodation and the facilities are regulated in the separate contract. The accommodation request must be communicated with the registration. If this happens later, GLSA 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 lease, if GLSA terminates this due to culpable breach of contract.
- Obligations and services of GLSA
The services to be provided by GLSA in terms of educational offer, educational objectives and equipment characteristics of the accommodation salication result from the declaration of registration after confirmation by GLSA, the invoices issued with the confirmation to the participant and the descriptions in the brochure of GLSA, which can also be downloaded from the Internet. I oblige GLSA to comply with any existing guidelines and guidelines necessary to enable the participant to achieve the educational goal. A guarantee for the achievement of the educational objective cannot, by its very nature, be given. The educational objective is recognised language certificates. GLSA teaches according to curricula, according to a language objective, which it sets itself and adapts to the requirements if necessary. GLSA, at its discretion, allocates teachers to certain courses that can be exchanged if necessary. Language courses are differentiated according to the Common European Framework of Reference for Languages (GER). GLSA offers lessons at the following levels, as explained in the brochure: A1, A2, B1, B2, C1, C2. GLSA ranks the participant in courses at its reasonable discretion according to the participant’s information about his language level and training. The participant cannot request the classification in a particular course. GLSA reserves the right to carry out a placement test in order to check the student’s language level for the purpose of allocating to a course in case of doubt. In any event, GLSA will give the Participant a confirmation of its participation and the actual extent of the participation. In the event of successful success, a corresponding certificate of the actual services actually provided. Confirmations are usually made at the end of a course. GLSA is entitled to a right of retention of such confirmations, unless all invoices or instalments due at the time of issue have been paid in full. Insofar as external examinations are carried out, the conditions of the respective institute for the issue of a test certificate are decisive. GLSA makes this available to the participant for inspection upon request. Training material recommended for language training, such as textbooks by external authors or corresponding digital media, may be acquired separately by the participant.
- Obligations of participants
Participants must carefully fulfil the obligations arising from the contracts for training and, where applicable, rental accommodation, to participate regularly in the courses, in the event of prevention, without delay after to make known the reason for the impediment to participate positively in the events for the purpose of achieving the course objective and to refrain from any measures and behaviours which disturb the teaching and its success. If there are disturbances in the teaching, e.g. due to multiple irregular or delayed appearances, and if these are not discontinued even after a one-time warning, the participant can be completely or temporarily excluded from the lessons. This applies accordingly in the event of violations of the rental agreement regulations, including a valid house rules. The participant shall also undertake to provide in good time all necessary documents and documents necessary to verify the conditions of entry to a course or examination, or to obtain an application for a visa to enter the country under the Germany. As far as possible, documents must be submitted immediately after confirmation of participation.
- Prices/Terms of Payment/Due Date
The current price lists apply to our services. These can be found on our homepage and in our company brochure. With the confirmation of participation, GLSA creates an invoice for the participant that contains all the expected cost items. The prices for accommodation are set out in the respective rental agreement and effectively agreed upon by signing the participant. Teaching materials, examination fees, bank charges and accommodation will be charged separately. Invoices from the GLSA are due for payment 14 days after receipt of the invoice, whereby sending by text form is sufficient. If language courses last longer than three months, the participant may require that the amount exceeding three months be paid in monthly instalments, spread over the remaining term of the language course, due on the 3rd working day of each month. This must be expressly requested. The three months count from the application. Payments for accommodation are based on the leases. Insofar as fees for tests and tests are incurred by external service providers, GLSA shall invoice the participant in good time. Registration for tests and exams is only possible after the participant has paid the fees to GLSA. In the event of a delay in payment, GLSA may charge a handling fee of € 5.00 per reminder.
The participant may revoke the completed training contract in accordance with the revocation instruction reproduced after the contract within 14 days from confirmation by GLSA. Otherwise, a withdrawal from contractually agreed services is excluded. In the area of accommodation, the possibility of termination is governed by the rental agreement. The service contract with GLSA is firm and cannot be terminated prematurely. If, exceptionally, the contractual relationship would extend to a period of more than one year, the participant has the right to terminate the contract with a period of two months at the end of the month, at the earliest on the expiry of the first year of the contract (authoritative start of the education). For GLSA, the fixed term is binding. The statutory right to terminate the contract without notice for important reasons pursuant to Section 626 of the German Civil Code (BGB) remains unaffected. Important reasons are in particular if a contractual partner grossly violates his obligations under the contract.
- Failures to teach/number of hours to be held
The participant is obliged to participate regularly and actively in the course events. GLSA will announce the exact course times (days/timetable) in good time before the start of the course. If days are due to public holidays, they will be made up at the end of the course or by arrangement during the term of the contract. If the participant fails to participate in the courses due to lack of, whether excused or unexcused, there is no entitlement to catch up with the parts of the course that have already taken place. If necessary, the contracting parties should agree on a catch-up against remuneration in individual lessons. The number of participants in the courses is limited to a maximum of 16 people. The lessons offered in each course are geared towards such a number of participants. Even if this number of participants is undercut, the courses are carried out. If there are fewer than five participants, GLSA is entitled to reduce the number of hours by 25%, if there are fewer than three participants, by 50%. This takes into account the fact that the lessons can be more intensive and individual in relation to the individual participants, with the same high chance of success for the desired training goal.
The application for a visa is a matter for the participant. Ebenso die Klärung der Frage, wie ein visumspflichtiger Teilnehmer nach den geltenden Bestimmungen der deutschen Botschaft die Zahlung eines Kurses vornehmen muss, um ein Visum/Aufenthaltserlaubnis zu erhalten. GLSA supports the participant with the formalities if necessary. If the participant applies for a visa on the basis of a language course invitation issued by GLSA or similar documents, the participant is also obliged to complete the language course at GLSA due to visa regulations. If the participant does not obtain a visa for reasons beyond his responsibility, e.g. due to political unrest, he or she must immediately issue the invitation letter to GLSA if it is still in his hands. In this case, he may also declare his withdrawal from the teaching contract against payment of a flat-rate allowance of € 250.00. The Participant reserves the right to prove that the damage suffered by GLSA is less than this amount. The participant is obligated to prove to GLSA the reason for the refusal of the visa, in particular to present a rejection notice of the embassy in a copy.
GLSA undertakes to provide the agreed services in full and in the quality described. If damages are caused, GLSA shall be liable in cases of intent or gross negligence and in the event of a culpable injury to life, body or health, in accordance with the statutory provisions. In all other cases of simple negligence, GLSA shall only be liable in the event of culpable breach of essential contractual obligations and only for damage that is typically foreseeable in the contract. The provisions relating to the performance of damages concern all claims for liability, regardless of the legal basis, in particular claims arising from tort.
- Applicable law/ place of jurisdiction/ place of performance/ changes in contract
German law applies to the contractual relationship between GLSA and the participant. The German version is decisive for different language versions of the Treaty. Place of performance is Heidelberg. The place of jurisdiction for disputes arising from this contract is Heidelberg, insofar as this is not contradicted by legal provisions. Changes to the contract are only possible in text form (written, fax, e-mail). In addition to this contract, no other agreements have been made which would not be laid down in text. Should provisions of this agreement be ineffective, these shall be replaced by a regulation that comes as close as possible to what is intended for content.
- Photos and video recordings in the company
Declaration of consent in photographs and films pursuant to Section 22 of the KUG
The participant in our courses and further training hereby expressly agrees that photo and film recordings may be taken by him in accordance with Section 22 of the KUG, which may be taken in connection with or during his further education, further education or qualification at the Genius Academy. It also consents to the distribution and publication of the latter in accordance with Section 22 of the CAS. Consent is not subject to any spatial, temporal or content limitation and also includes the exclusive and transferable and irrevocable right that the photographs and films taken by the participant for the above-mentioned reason are may be processed, not only in print form, but also in digital form and also by third parties. The participant will not receive any remuneration for granting this right.
In addition, claims for damages on the part of the participant shall be waived, provided that there is no grossly negligent or intentional conduct on the part of Genius GmbH. Otherwise, Section 15.
Consumers are entitled to a right of withdrawal in accordance with the following conditions, whereby the consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional
You have the right to withdraw from this contract within 14 days without giving reasons. The withdrawal period is 14 days from the date of conclusion of the contract. In order to exercise your right of withdrawal, you must inform us in writing to:
Genius LSA GmbH
by means of a clear statement (e.g. a letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of revocationIf you withdraw from this contract, we shall reimburse to you all payments 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 low-cost standard delivery offered by us), without undby delay and at the latest within 14 days from the day on which we receive notification of your revocation of this contract.
For this refund, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; under no circumstances will you be charged any fees for this repayment. If you have requested that the services or delivery of incidental costs such as (water/gas/electricity/district heating) (incorrect deletion) should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of services already provided by the contract up to the time you inform us of the exercise of the right of withdrawal with respect to this contract.
(If you want to cancel the contract, please complete the right of withdrawal and send it back.)
End of the revocation instruction
- Schufa and credit check
We proceed according to the legal regulations for all data processing processes (e.g. collection, processing, transmission). Your data, which is necessary for the business, will be stored. For credit worthiness and credit checks, we can transmit and query the exclusion of transmission/use, creditworthiness and address data to SCHUFA 65203 Wiesbaden for bookings, to the extent permitted by law and taking into account your respective legitimate interests. In the case of installment payment agreements, we also use address data in addition to other credit data. In this way, the risk of defaults should be assessed in individual cases. As providers of payment methods deemed to be unsafe (e.g. instalment payment), companies have a well-founded interest in avoiding and protecting themselves from the event of defaults. By checking the creditworthiness of the customer before granting the possibility of using an unsafe payment method, the risk of payment defaults can be estimated. Genius LSA GmbH is entitled to use specially collected negative credit information about the customer within the scope of this review. Credit information is information about outstanding claims and information that may result in a risk of default (debtor advice, insolvency proceedings, deferration due to insolvency). Before Genius LSA GmbH stores any negative information specifically collected about outstanding claims for remuneration, the customer is informed on a reminder of the possibility of transmission.