General Terms and Conditions (“GTC”)
- Validity of our terms and conditions
- Conclusion of contract
- Right of withdrawal for consumers in the case of distance contracts and contracts concluded away from business premises
- Special conditions for lessons in the Allgeier Education Virtual Classroom
- Special conditions for the Allgeier Education Learning Platform
- Prices and terms of payment
- Written notices of termination
- Final provisions
- Digital platform for out-of-court settlement of disputes
1. Scope of application of the general terms and conditions of business1.1 The following General Terms and Conditions (“GTC”) of Allgeier Education GmbH, Kaiserswerther Str. 229, 40474 Düsseldorf (hereinafter referred to as “Allgeier Education”), shall apply as a binding basis for all contractual relationships between consumers or entrepreneurs (hereinafter jointly referred to as “users” or “customers”) who make use of the offers of Allgeier Education GmbH. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his commercial or his self-employed professional activity (§ 13 BGB). Entrepreneur, on the other hand, is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity (§ 14 BGB). Regulations of these terms and conditions, which are expressly designated as valid for entrepreneurs, do not apply to consumers. 1.2 Some services and/or products of Allgeier Education GmbH may be subject to separate terms of contract and/or registration. This supplements the provisions of these GTC. This may be indicated separately in the context of this service / product. Insofar as these separate and special conditions for individual service areas deviate from the provisions of these GTC, the provisions of the special conditions shall take precedence over the respective provisions of these GTC. 1.3 The contractual partner is usually Allgeier Education GmbH, Kaiserswerther Str. 229, 40474 Düsseldorf, Germany, unless another contractual partner is expressly designated. 1.4 The contract language shall be German. 1.5 Purchase or business conditions of commercial users only apply if and insofar as Allgeier Education GmbH has expressly agreed to this validity in writing.
2. Conclusion of contract2.1 Offers, which employees of Allgeier Education GmbH send to customers by e-mail or post, represent a binding offer, as far as these are not regulated differently in the context of special offers. The contract between the user and Allgeier Education GmbH shall be concluded by signing a contract provided by Allgeier Education GmbH. This is concluded exclusively under the validity of these General Terms and Conditions. The signed contract must then be sent to an employee of Allgeier Education GmbH by post, fax or e-mail. In the written contract, the course or service to be booked in each case shall be designated and described separately. 2.2 Offers, which employees of Allgeier Education GmbH send to customers by e-mail or post, represent a binding offer, as far as these are not regulated differently in the context of special offers. The contract between the user and Allgeier Education GmbH shall be concluded by signing a contract provided by Allgeier Education GmbH. This is concluded exclusively under the validity of these General Terms and Conditions. The signed contract must then be sent to an employee of Allgeier Education GmbH by post, fax or e-mail. In the written contract, the course or service to be booked in each case shall be designated and described separately. Allgeier Education GmbH reserves the right to make appointments subject to the availability of appropriate trainers. If a trainer fails to attend a lesson, Allgeier Education GmbH always tries to provide a substitute trainer. There is no entitlement to be instructed by a particular trainer. Allgeier Education GmbH offers substitute teaching units for unusual teaching units (TU) or programmes. Should this not be possible in individual cases, Allgeier Education GmbH undertakes to notify the user immediately and to reimburse any TU paid and not carried out. The reimbursement will be made after completion of the programme concerned. A change of trainer can be part of the Allgeier Education teaching method and does not entitle the customer to cancel or withdraw from the contract. Allgeier Education GmbH is not liable for failure to achieve a certain learning and teaching success. The estimates made by Allgeier Education GmbH regarding the volume of teaching units required to achieve a teaching goal are based on many years of experience and may deviate from actual requirements in individual cases.
3. Right of withdrawal for consumers in the case of distance contracts and contracts concluded away from business premises
Right of withdrawalYou have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us (Allgeier Education GmbH, Kaiserswerther Str. 229, 40474 Düsseldorf, Tel: +49 211 54 5563-55, Fax: +49 211 54 5563-59, E-Mail: firstname.lastname@example.org) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the attached sample revocation form for this purpose. However, the use of this form is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocationIf you revoke this Agreement, we undertake to refund to you all payments we have received from you promptly and no later than fourteen days from the date on which we received notice of your revocation of this Agreement. For the repayment we use the same means of payment that you used for the original order, unless expressly agreed otherwise with you. In no case will you be charged for the refund. If you wish the Services to commence during the revocation period, you agree to pay us a reasonable amount equal to the proportion of the Services already provided by the time you notify us of the exercise of the right of revocation in respect of this Agreement in relation to the total Services provided in the Agreement. According to § 312g Abs. 1 BGB the right of revocation exists only for consumers and not for entrepreneurs. Please note that the above right of withdrawal for consumers only applies to contracts concluded outside business premises and within the framework of so-called distance contracts, i.e. contracts in which the entrepreneur or a person acting in his name or on his behalf and the consumer exclusively use 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 organised for distance selling (§ 312c para. 1 BGB). Means of distance communication are all means of communication which can be used to initiate or conclude a contract without the parties being physically present at the same time, such as letters, catalogues, telephone calls, faxes, e-mails, messages sent via the mobile telephone service (SMS) as well as radio and telemedia (§ 312c para. 2 BGB). Furthermore, the above right of withdrawal for consumers exists only in the context of so-called distance contracts, i.e. contracts for the supply of goods or services concluded between an entrepreneur and a consumer with the exclusive use of means of distance communication, unless the contract is not concluded within the framework of a sales or service system organised for distance selling (§ 312b para. 1 BGB). Means of distance communication are means of communication which can be used to initiate or conclude a contract between a consumer and an entrepreneur without the simultaneous physical presence of the contracting parties, in particular letters, catalogues, telephone calls, faxes, e-mails and radio, tele- and media services. According to § 312b para. 3 BGB (German Civil Code), the provisions on distance selling contracts do not apply to contracts on distance learning as defined by § 1 of the Distance Learning Protection Act and to contracts on the provision of services in the areas of accommodation, transport, delivery of food and beverages and leisure activities, if the entrepreneur undertakes to provide the services at a specific point in time or within a specified period of time when the contract is concluded.
Sample withdrawal form(If you want to cancel the contract, please fill out this form and send it back.) To Allgeier Education GmbH Kaiserswerther Str. 229 40474 Düsseldorf, Germany FAX: +49 211 54 5563- 59 E-Mail: email@example.com I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*) Ordered on (*)/received on (*) Name(s) of consumer(s) Address of consumer(s) Signature of consumer(s) (only for paper communication) date (*) Delete as appropriate.
4. Special conditions for lessons in the Allgeier Education Virtual Classroom
4.1. Teaching conditionsOne teaching unit (TU) lasts 45 minutes. If a client takes several lessons in a row, each lesson is followed by a 5-minute break. The customer agrees that a pedagogical employee may attend certain TU for the purpose of quality control of the trainer employed.
4.2. Terms of paymentDepending on the program booked, Allgeier Education GmbH may charge a service fee as a contribution margin for personnel and administrative expenses. Their amount will be shown to you at the time of booking under “Service flat rate”. The customer undertakes to pay the tuition fees stated in the offer in addition to the service fee at the latest before the start of the first lesson. The contract concluded between the customer and Allgeier Education GmbH is also valid as a (permanent) invoice. A separate invoice shall only be issued at the express request of the customer; a separate invoice shall always be issued for commercial customers. Incoming payments shall always be set off against the oldest claim, unless otherwise specified at the time of payment. Should the contract be suspended for longer than six months without the customer taking advantage of TU, Allgeier Education GmbH is entitled to adjust the price in the event of a tariff change. The customer will be informed about this by the Allgeier Education Coordination Team. TU‘s that have not been used but have already been paid expire after 3 years from the end of the year in which the entitlement to carry out the TU arose.
4.3. Personal Coaching – Private LessonsThe individual lesson plan is determined between the client and the coordination team of Allgeier Education GmbH, not between the client and the trainers. The customer is obliged to inform the Allgeier Education Coordination Team at least 24 hours prior to the planned start of the lesson if the customer is unable to attend the lesson. If the client is unable to attend lessons on a Monday, this notification must be made no later than 14.00 on the previous Friday. If the date is not cancelled by the customer or only cancelled after this period has expired, the TU will be charged. TU that have not been used but have already been paid for can be transferred to third parties by the customer after written notification to the Allgeier Education coordination team. Section 4.9 shall apply to notices of termination.
4.4. WorkshopsThe curriculum includes a minimum of 2 lessons per week, which must be scheduled in advance. All TU and, if applicable, the learning material must be paid in full before the beginning of the first TU. The customer can terminate the contract with a notice period of 5 working days before the beginning of the first TU. A later cancellation is excluded. A refund of course fees for TU not used, but already paid, is excluded if not cancelled in time.
4.5. Group lessonsThe start dates will be defined individually with the Allgeier Education coordination team. In consultation with and with the consent of the course participant, the client may be transferred to another group for pedagogical reasons if this transfer appears to be conducive to optimising the learning progress of the group or the individual client.
4.6. Terminations/CancellationsGroup lessons in the Allgeier Education Virtual Classroom are preceded by a “Technique Check” in the form of an introductory appointment, which is agreed with the customer in good time. The customer can cancel his contract free of charge until one day before the “technical check”.
4.7. Company training in groupsThe group size in the Allgeier Education Virtual Classroom is a maximum of 6 participants. For the entire internal company group the conditions according to clause 4.3 apply.
4.8. Technical requirements for participation in the Allgeier Education Virtual ClassroomParticipation in the Allgeier Education Virtual Classroom technically requires that the customer has a functional headset (or a camera and microphone) and broadband Internet access. The customer is responsible for setting up the technical requirements himself.
4.9. Termination, repayment claimsThe programs mentioned under 4.3 can be cancelled up to 24 hours before the planned TU at the latest. The customer can demand reimbursement of course fees from TU that have not been used but have already been paid. This applies to UE, which would still have to be exercised after expiry of the period of notice. Separate or deviating written agreements between the customer and Allgeier Education GmbH are possible. A repayment of the fees for TU not claimed but already paid after the statutory limitation period has expired is excluded.
5. Special conditions for the Allgeier Education Learning Platform
5.1. General informationDigital learning content on the Allgeier Education Learning Platform is available 24 hours a day, 7 days a week, i.e. around the clock, and is offered either as part of the courses under point 4 or separately as stand-alone services.
5.2. RegistrationThe activation of the digital learning content on the Allgeier Education Learning Platform is carried out by the sales team of Allgeier Education GmbH. An employee of Allgeier Education GmbH will confirm the registration to the customer in writing / electronically.
5.3. Technical requirementsIn any case, the participant requires Internet access, a common browser and, if necessary, either a headset or loudspeaker and microphone. The customer is responsible for setting up the technical requirements himself.
5.4. Terms of payment and cancellationAccess to the Allgeier Education Learning Platform can only be booked for whole months and must be paid in full in advance. Licenses for the digital learning content on the Allgeier Education Learning Platform can only be cancelled within 30 days of the date of provision of the license and if the participant has not yet used the license. The right of Allgeier Education GmbH and the participant to terminate the contract for good cause remains unaffected.
6. Prices and terms of payment6.1 For the respective services and / or products of Allgeier Education GmbH the prices stated at the time of the order apply. 6.2 All prices shown on the website www.allgeier-education. com or in the offer documents of the Allgeier Education GmbH are net prices, which do not contain the legal value added tax. 6.3 The valid prices result from the respective service and/or product description on www.allgeier-education.com or from the offer documents. The user undertakes to pay this price. Payment is due immediately upon ordering the service or product. Payment shall be made by bank transfer to the account of Allgeier Education GmbH: DE32 7004 0041 0213 1837 00
7. Written notices of terminationAll contracts concluded with Allgeier Education GmbH must be terminated in writing.
8. Liability8.1 Allgeier Education GmbH is liable for damages only in case of intent and gross negligence. It shall also be liable for the negligent breach of essential contractual obligations (cardinal obligations), i.e. such obligations whose breach jeopardizes the achievement of the purpose of the contract and on the observance of which a contractual partner may regularly rely. In the case of negligent breach of cardinal obligations, Allgeier Education GmbH is only liable for the foreseeable, contract-typical damage. 8.2 The above exclusions of liability shall not apply in the event of injury to body, life or health. The liability according to the product liability law remains unaffected. Any exclusion or limitation of the liability of Allgeier Education GmbH shall also apply to the personal liability of its legal representatives, employees and other vicarious agents.
9. AdvertisingAllgeier Education GmbH uses and processes the customer’s personal data exclusively for its own advertising purposes but never without the prior given consent of the customer. The customer can object to the use of his data for this purpose at any time by sending his objection under the password “data protection” by e-mail to firstname.lastname@example.org
10. Final provisions10.1 German law shall apply to the exclusion of UN law on the international sale of goods (CISG). In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country of the consumer’s habitual residence is not withdrawn. 10.2 The place of jurisdiction is the registered office of Allgeier Education GmbH, i.e. Düsseldorf, as far as the customer is not a consumer but a merchant, a legal entity under public law or a special fund under public law or as far as the customer has moved his domicile or habitual residence abroad after conclusion of the contract or as far as his domicile or habitual residence is not known at the time the action is filed. 10.3 Amendments and supplements to a contract must be made in writing. Should one of the above provisions be invalid, the statutory provisions shall apply. The principle of the priority of the individual agreement (§ 305b BGB) applies with priority over consumers.
11. Digital platform for out-of-court settlement of disputesWe are obliged to inform you of the platform for online dispute resolution (OS) of the European Commission as part of our online services. This can be reached via the following Internet address: www.ec.europa.eu/consumers/odr