General terms and conditions for language services
Team English is mainly active in the areas of foreign language training.
General terms and conditions for language services
Team English is mainly active in the areas of foreign language training.
1. Validity of the general terms and conditions
1.1. The general terms and conditions ("GTC") of Team English Whitfield eU, (hereinafter "Team English"), apply as a binding basis for all contractual relationships between consumers or entrepreneurs (hereinafter collectively also called "users" or "customers"), the offers from Team English. When concluding a contract via the Internet services of Team English at www.team-english.com, these terms and conditions are accepted by the user, in particular by clicking on the corresponding consent button. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. Regulations of these terms and conditions, which are expressly designated as applicable to entrepreneurs, do not apply to consumers.
1.2. Certain Team English services and / or products may be subject to separate contractual conditions and / or registration conditions, which supplement the provisions of these GTC. This is indicated separately in connection with the respective service / product. Insofar as these separate and special conditions for individual service areas differ from the provisions of these GTC, the provisions of the special conditions take precedence over the respective provision of these GTC.
1.3. The contractual partner is Team English, unless another contractual partner is expressly designated in the context of special offers.
1.4. The contract language is German.
1.5. Commercial users' purchase or business conditions only apply if and to the extent that Team English has expressly agreed to this in writing.
2. General contractual basis
2.1. If the customer, as a legal guardian, concludes a contract with Team English for a legal guardian as a participant, the customer acknowledges and agrees that all contractual provisions also apply accordingly to the participant.
In particular, the customer agrees that Team English's duty of supervision only exists between the start and end of the service provision. Therefore, the legal guardian is particularly liable for the punctual delivery and collection to / from the place of performance. Team English is not liable for damage resulting from the parent's failure to fulfill this obligation. Express reference is made to Team English's right of exclusion in the event of harm to itself, others, property or disruptive behavior; the legal guardian is obliged to be available at all times during the provision of the service and to be ready to pick up the legal guardian.
2.2. The contract between the customer and Team English is concluded by signing a study contract made available by Team English, which is also concluded exclusively under the application of these GTC, in the Team English Center or by receiving a study contract sent and signed by post or email Team English. In the written study contract, the training to be booked or the service to be booked is separately designated and described.
2.3. Appointments from Team English are subject to the availability of appropriate trainers. Team English endeavors to always provide a replacement if a coach is absent. There is no entitlement to instruction from a specific trainer. Team English offers substitute teaching units or substitute training courses for any lesson units (TU) or training sessions that are not carried out by Team English. If this is not possible in individual cases, Team English undertakes, in addition to immediately notifying the customer, to reimburse any paid and not conducted teaching units or training courses after the respective contract ends. A change in the language trainer in particular can be part of the Team English method and does not entitle the customer to terminate or withdraw from the contract.
2.4. Team English is committed to a careful needs analysis and goal-oriented training planning, but is not liable for failure to achieve a certain learning and training success, since in particular the corresponding cooperation of the customer or the participants as well as their personal requirements for learning are not in the sphere of influence of Team English lie. The specifications made by Team English with regard to the average required teaching units / training dimensions to achieve a training goal are based on many years of experience and may differ from actual requirements in individual cases.
3. Right of withdrawal for consumers in the case of distance sales contracts and contracts concluded outside of business premises
Withdrawal instruction Right of withdrawal
The customer has the right to withdraw from the contract within fourteen days from the date of conclusion of the contract without giving any reason. In order to exercise the right of withdrawal, the customer must provide Team English (Team English Whitfield e.U., Vogelsangweg 3/1, 7071 Rust, Tel: 0677/62795526, E-Mail: office@team-english.com) by means of a clear declaration (e.g. B. a letter sent by post or e-mail) of his decision to withdraw from this contract. The customer can use the sample withdrawal form attached at the end of these terms and conditions, but this is not mandatory. If this option is used, Team English will immediately send a confirmation (e.g. by email) of the receipt of such a withdrawal. To meet the withdrawal deadline, it is sufficient for the notification of the exercise of the right of withdrawal to be sent before the withdrawal period has expired.
Consequences of resignation
If the customer withdraws from the contract, Team English has to repay all payments that Team English has already received from the customer, including delivery costs, immediately and at the latest within fourteen days from the day on which Team English received notification of the withdrawal from this contract . For this repayment, Team English uses the same means of payment that the customer used for the original transaction, unless something else was expressly agreed with the customer; In no case will the customer be charged fees for this repayment.
If the customer has requested that the services should begin during the withdrawal period, the customer must pay Team English an appropriate amount, which corresponds to the proportion of the amount up to the point in time at which the customer informed Team English of the exercise of the right to withdraw from this contract services already provided compared to the total scope of the services provided in the contract.
The right of withdrawal exists only for consumers and not for entrepreneurs. In addition, there is the above. Right of withdrawal for consumers only in the case of contracts concluded outside of business premises and in the context of so-called distance sales contracts, d. H. of contracts in which the entrepreneur or a person acting on his behalf or on behalf of the consumer 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 organized for distance selling. Means of distance communication are all means of communication that can be used to initiate or conclude a contract without the contracting parties being physically present at the same time, such as letters, catalogs, telephone calls, faxes, e-mails, messages sent via the mobile service (SMS) as well as radio and Telemedia.
Sample withdrawal form
for consumers in distance sales contracts and in contracts concluded outside of business premises (if the customer wants to withdraw from the contract, the customer can use this form, fill it in and send it to Team English)
At
Team English Whitfield e.U.
Vogelsangweg 3/1
7071 Rust
Email: office@team-english.com
- I / we (*) hereby withdraw from the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
- Team English Institute (*):
/ virtual service (*)
Ordered on (*) / received on (*)
- Name of the consumer (s) (and the participant, if not identical)
- Address of the consumer (s)
- Signature of the consumer (s) (only when notified on paper)
- date
___________
(*) Delete where inapplicable.
4. Price information, payment and default conditions
4.1. For the respective services and / or products from Team English, the prices quoted at the time of the conclusion of the contract apply.
4.2. The prices shown on www.team-english.com or in the Team English catalogs are final prices and include the statutory value added tax, insofar as this applies to the respective service or product or unless explicitly shown separately.
4.3. Payments are due for payment within 14 days of the conclusion of the contract, but no later than the start of the agreed service.
4.4. Payment is made by bank transfer. Payment is processed by Erste Bank, Beim Alten Stadttor 1-3, 7000 Eisenstadt.
4.5. In the event of a (even partial) default in payment, all costs, reminder and collection charges as well as the applicable statutory default interest are deemed to have been agreed.
5. Liability
5.1. Team English is only liable for damages in the event of willful intent and gross negligence. Team English is also liable for the negligent breach of essential contractual obligations (cardinal obligations), d. H. such obligations, the breach of which endangers the achievement of the contractual purpose and which a contractual partner can regularly rely on to be observed. In the event of a negligent breach of cardinal obligations, Team English is only liable for the foreseeable, contract-typical damage.
5.2. The above exclusions of liability do not apply to injury to life, body or health. Liability under the Product Liability Act remains unaffected. Exclusion or limitation of Team English's liability also affects the personal liability of its legal representatives, employees and other vicarious agents.
6. Use of data / advertising
When the contract is concluded, customer data is stored in particular for contract processing and for the duration of the statutory retention period. In addition to the legally required transfer, the data may only be passed on to credit card companies or a carrier if materials are sent by post.
Team English uses and processes the customer's personal data for its own advertising purposes by sending the customer information about similar goods or services that the customer has already ordered or booked. 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 email to office@team-english.com. His data will then be deleted.
7. Technical requirements for participation in virtual training forms
The customer is responsible for creating and meeting the technical requirements for participating in virtual training forms at his own expense, both in terms of hardware and software as well as other technical equipment. Team English only has a timely information obligation for the technical requirements. Lessons that cannot be consumed due to technical defects for which the customer is responsible must be paid for in any case.
8. Exclusion in the event of disruptive behavior
Team English reserves the right to exclude customers / participants who interfere with the lesson in a form that does not allow contract-compliant training for the other customers / participants from the training or from the further course program. In this case, Team English will reimburse tuition fees for unused but already paid tuition units.
9. Choice of law / place of jurisdiction / written form requirement
Austrian law applies, excluding UN law, on the international sale of goods (CISG). Unless another court is legally responsible, the place of jurisdiction is the headquarters of Team English, i. H. Wiener Neustadt. Amendments and supplements to the contract must be in writing. Any departure from this also requires the written form. If one of the above provisions should be ineffective, the validity of the remaining provisions remains unaffected.
10. Special conditions for face-to-face language training and Team English Virtual Classroom
10.1. Teaching conditions
A teaching unit (TU) comprises 45 minutes unless otherwise specified in an individual contract. The customer agrees that a pedagogical employee can attend certain teaching units for the purpose of quality control of the language trainer used and can record them with various media for this very purpose. The duration of the contract is determined in an individual contract. After the contractually agreed term has expired, Team English is released from its obligation to perform. If a customer continues to take part in teaching units after the agreed duration of the lesson has expired, this is considered an extension of the contract to the currently valid contractual conditions.
10.2. Individual training
The individual lesson plan is determined between the customer and the management / reception or study advisor of the relevant Team English Institute, at least not between the customer and the language trainer. In the case of one-to-one training, the customer is obliged to notify the Team English reception of any hindrance from taking part by 2 p.m. on the working day prior to the planned teaching units at the latest. If the customer is unable to attend classes on a Monday, this notification must be made by 2 p.m. on the previous Friday at the latest. In the case of lessons in the Team English Virtual Classroom, notification of the prevention of lessons must be received by 1:00 p.m. on the working day preceding the planned lessons at the latest. Saturdays and Good Friday, December 24th and 31.12. in any case do not count as working days. Lessons that are not canceled by the customer or only after this period has expired must be paid for in any case.
10.3. Group training
Group training courses take place on fixed dates. In consultation and with the consent of the course participant, the customer can be transferred to another group for educational reasons if this transfer appears to be useful for optimizing the learning progress of the group or the individual customer. Missed hours must not lead to an extension of the planned course duration but must be made up for in other group offers.
Minimum number of participants in the group:
Each group has a contractually stipulated minimum number of participants. If this is not reached, the required teaching units are reduced while the contract sum remains the same (flexible teaching unit adaptation).
The customer agrees to this procedure.
The group training courses are classified as follows:
Adult lessons
Business English 3-8 participants
General English 3-8 participants
Conversation course 4-10 participants
Children & Teens
Matura preparation course 3-12 participants: 10 units / week
Grammar Refresher 3-12 participants: 10 lessons per week
Tutoring 3-6 participants
Camps 5-12 participants: 40 lessons (60 minutes each) / week
IELTS & TOEFL 3-6 participants: 30 lessons per week
UE = teaching units
A similar adjustment takes place for courses with other volumes.
Team English is entitled to dissolve a group or to reduce the volume of the teaching units of a group training if the minimum number of participants is not reached and, in the case of dissolution of a group training, is obliged to reimburse the tuition fees for the teaching units not performed.
10.4. In-house group courses
The group size for face-to-face group training is a maximum of 10 participants, and 6 participants when participating in the Team English Virtual Classroom. The conditions according to Section 10.2 apply to the entire internal group. (Private lessons)
11. Terminations / Cancellations
If a customer does not meet his payment obligation and is accordingly in default, Team English is entitled to terminate the contract without notice. Any termination must be in writing to be effective.
11.1. Individual training
The under 10.2. The above-mentioned teaching programs can be canceled in writing by 2 p.m. on the working day preceding the planned TU, lessons in the English Virtual Classroom team can be canceled in writing by 1 p.m. on the working day preceding the planned TU.
11.2. Group training
The face-to-face group lessons can be canceled free of charge in writing up to 4 weeks before the start of the lesson. In the event of later cancellations before the start of the first TU, 20% of the tuition fees will be charged for group courses and 50% for intensive courses (at least 20 TU / week). If intensive courses are canceled up to 5 days before the start of the course, 70% of the tuition fee will be charged. The customer is at liberty to prove to Team English that the expenses saved through his termination justify a significantly lower cancellation fee or no cancellation fee at all. For face-to-face group lessons that have already started, the following applies: if the customer cannot take part in the lessons (e.g. due to illness, vacation, occupational disability, etc.), the tuition fee must be paid anyway. The contract can be terminated in writing with a notice period of 4 weeks at the end of the month, but no earlier than 4 weeks after the start of the course.
12. Claims for repayment
In the event of termination, the customer can request reimbursement of course fees for lessons that have not been used but have already been paid. This applies to TUs that would still have to be taken after the notice period has expired. Separate or deviating written agreements between the customer and Team English are possible. A reimbursement of the fees for TUs that have not been used after the statutory limitation period has expired is excluded. A reimbursement of the costs for paid and handed teaching materials as well as the service fee is also excluded.
13. Special conditions for individual training via Skype
13.1. General
In the context of this product area, Team English offers courses that take place via Skype (hereinafter also referred to as “Services” in this section).
13.2. Attendees
The customer specifies the name or names of the desired participant (s) when placing the order and assures that they are aware of these terms and conditions and that they observe / observe them. The customer also expressly undertakes to protect access data and passwords in the customer area in such a way that unauthorized use of Team English's services by third parties is excluded. Access to the online offers is only available to those participants who have been assigned a username and personal password. It is a temporary service. Team English does not reimburse its customers for unused or little used access.
13.3. Duration of the training
In the case of individual training via Skype, the training cannot go beyond December 31 of the year N + 1, whereby N is the year in which the contract was signed or the order confirmation was signed. Team English and its customers work together to ensure that the courses take place within the period of time that Team English provided for from an educational point of view.
13.4. Change of contract, reorganization of the course
A new organization of the Skype courses at the request of the customer (change of the course content or the like) or the allocation of course units to another course participant is possible at any time. Such a change will be charged to the customer for the equivalent of two course units via Skype.
13.5. Technical requirement, responsibility
The participant is responsible for the functionality of his computer or his telephone connection and their maintenance. He bears the cost of the Internet connection in order to be able to access the services. Team English does not guarantee that the services offered can actually be used with the customer's computer and / or telephone.
13.6. Payment terms included / not included internet and telephone costs
Skype can be used free of charge. Changes to the tariff structure in the meantime will be passed on to the customer. The customer must bear any costs incurred through passive roaming. In the event of default in payment, Team English can suspend the continuation of all current orders, regardless of the exercise of other rights.
13.7. Internet courses (e-learning and / or blended learning) - system requirements
The customer assumes the necessary technical equipment for all participants registered by him. The functionality and maintenance of the computer used and / or the provision of a properly equipped computer, which is necessary to follow the course via the Internet, are under no circumstances the area of ​​responsibility of Team English or its vicarious agents. The costs for the Internet connection, which is necessary to be able to use the Skype courses via the Internet, are borne exclusively by the customer. The Team English offers accessible via the Internet as part of the online training can lead the user to access external websites or links that are not controlled by Team English. Team English cannot be held responsible for financial losses or other damage suffered by the customer and his participants in cases in which they leave the didactic framework of the offer. For each connection interruption of more than 48 hours on working days for which Team English is responsible, the service can be extended at the request of the customer by the duration corresponding to the interruption, if the latter can actually prove the interruption.
13.8. Organization of individual training via Skype
The lessons via Skype have a duration of 45 minutes, can be taken by participants Monday to Friday from 7:00 a.m. to 9:00 p.m. and always start on the full or half an hour (example: 7:00 a.m., 7:30 a.m., 8 : 00 o'clock etc.). Participants book their appointments either via email at officeq@team-english.com or directly in the English Institute team. The courses are conducted via Skype.
For courses that take place via Skype, the participant gives their Skype ID when reserving the course. The trainer will then contact the participant at the agreed time. The participant must confirm the Skype contact. In the event that he is unable to attend, the customer must cancel his reservation at least 6 hours before the originally agreed course start. This cancellation must only be made via email or phone call. If a cancellation is not made at least 6 hours before the start of the course or if a course is canceled after it has started, this course will be considered granted and charged accordingly. The participant receives an email with a notification about this calculated course.