General Terms and Conditions (AGB)

§ 1 Scope

(1) These General Terms and Conditions apply to all contracts for language courses, intensive courses, evening courses, online courses, courses in specialist language, exam preparation courses and other educational offerings of ZUB Deutsch GmbH, Viktoriastraße 10, 44787 Bochum – hereinafter referred to as „ZUB Deutsch“.

(2) These Terms apply to both on-site and online offerings.

(3) Individual agreements between ZUB Deutsch and the contracting party take precedence over these Terms.

(4) Mandatory statutory rights, in particular consumer rights, remain unaffected.

(5) The language of the contract is German. Translations of these Terms are provided for information only; in case of doubt, the German version prevails.

§ 2 Course offering and scope of services

(1) ZUB Deutsch offers, in particular, German courses at levels A1 to C1, intensive courses, evening courses, online courses as well as job-related German courses and courses in specialist language.

(2) The type, content, start date, duration, class times, number of teaching units – where stated –, course fees and, where applicable, specific participation requirements follow from the respective course description in the registration form as it applies at the time of booking.

(3) One teaching unit („UStd.“) corresponds to 45 minutes unless the respective course description states otherwise.

(4) Information on course content, learning objectives and the course of instruction does not constitute a guarantee that a particular individual learning outcome, a particular language level or a particular exam result will be achieved.

§ 3 Registration and conclusion of contract

(1) Registration is generally made through the online registration system KURSO used by ZUB Deutsch, to which the website redirects, in person on site, or by another route expressly offered by ZUB Deutsch.

(2) KURSO is an external booking and administration system that ZUB Deutsch uses in particular for course registration, booking processing, participant administration and payment processing.

(3) The presentation of courses on the website or within the booking system does not, as a rule, constitute a binding contractual offer by ZUB Deutsch.

(4) By completing the booking process, the participant submits a binding offer to conclude a contract for the selected course.

(5) The contract for the booked course is concluded exclusively between the participant and ZUB Deutsch GmbH. KURSO does not become a contracting party with regard to the teaching services.

(6) The contract is concluded upon the booking or registration confirmation.

(7) Payment is processed via the payment methods offered during the booking process. The terms of the respective payment service may apply in addition to the technical execution of the payment.

(8) Participants are obliged to provide complete and truthful information when registering.

(9) Minors may only register with the consent of their legal guardians. ZUB Deutsch may require proof of that consent.

§ 4 Placement and course level

(1) Before taking part in a language course, a placement test at ZUB Deutsch must generally be completed, unless the participant has already passed a final test at ZUB Deutsch, recognised by ZUB Deutsch, for the corresponding preceding level. The placement test is free of charge and may be taken after booking but before the course begins.

(2) A language certificate obtained externally, or any other external proof of language ability, does not as a rule replace the placement test.

(3) In individual cases ZUB Deutsch may waive the placement test where reliable placement is possible by other means.

(4) The placement test serves exclusively to determine the current level of language ability and to assign the participant to a suitable course level.

(5) Placement does not constitute a guarantee that a particular language level will be reached or that a language exam will be passed.

(6) If placement shows that the booked course level does not match the participant's actual language ability, a transfer to a suitable course will be arranged where possible. Any price difference will be charged additionally or refunded. If no suitable place is available, ZUB Deutsch and the participant will agree on a transfer to a later course; if no reasonable solution is reached, services not yet rendered will be refunded.

§ 5 Course fees and payment

(1) The prices shown in the booking process at the time the contract is concluded apply. Any mandatory additional costs are shown transparently before the booking is completed.

(2) Booking and payment are generally processed via the external booking and administration system KURSO used by ZUB Deutsch. KURSO acts here as a technical intermediary for processing the booking and the payment. The contracting party with regard to the booked teaching services remains exclusively ZUB Deutsch GmbH.

(3) The payment methods available in each case are shown during the booking process via KURSO. Subject to availability, payment by bank transfer and payment via integrated payment service providers may in particular be offered.

(4) If an online payment method is selected, the course fee is due upon conclusion of the contract. If payment is made by bank transfer, the course fee must be paid in full within seven calendar days of conclusion of the contract, and in any event before the course begins.

(5) The terms of the payment service provider selected during the booking process may apply in addition to the technical execution of the payment.

(6) Payment by instalments is only possible where it is expressly offered or individually agreed with ZUB Deutsch.

(7) Even where payment by instalments has been agreed, the participant remains obliged in principle to pay the agreed course fee in full, unless a statutory or contractually agreed right of withdrawal, rescission or termination exists.

(8) In the event of late payment, the statutory provisions apply. Where a due payment is outstanding, ZUB Deutsch may, in accordance with the statutory provisions, refuse further performance until payment is made.

(9) For the teaching materials provided by ZUB Deutsch, a materials fee of 20,00 € per booked course is charged in addition to the course fee. This mandatory flat fee is shown during the booking process as part of the total cost.

§ 6 Instruction and participation

(1) Participants are themselves responsible for attending classes regularly and punctually.

(2) Classes missed for reasons personal to the participant, in particular because of illness, professional obligations, travel, private appointments or other personal impediment, do not as a rule give rise to any claim to individual replacement lessons or to a pro rata refund. Statutory rights remain unaffected.

(3) Issuance of a certificate or final report by ZUB Deutsch requires attendance of at least 75 % of the class time scheduled for the respective course.

(4) If absences exceed 25 % of the scheduled class time, there is no entitlement to the issuance of a certificate or final report by ZUB Deutsch.

(5) The attendance records kept by ZUB Deutsch are decisive for calculating the attendance rate. Participants may inspect their recorded attendance on request.

(6) A certificate or final report from ZUB Deutsch does not constitute a guarantee that an external language exam will be passed or that a particular language level will be recognised by authorities, universities, employers or other third parties.

(7) Participants are obliged to treat teaching staff, employees and other participants with respect and not to significantly disrupt classes.

(8) In the event of serious or repeated disruption, threats, insults, discrimination, violence or other unacceptable conduct, ZUB Deutsch may take appropriate measures in accordance with the statutory requirements, up to and including extraordinary termination. In the event of extraordinary termination by ZUB Deutsch, the course fee will be refunded pro rata for the teaching units no longer provided; further statutory claims, in particular claims for damages, remain unaffected.

(9) Where required, a prior warning will be issued. A warning is dispensable where it is not required under the statutory provisions.

§ 7 On-site courses

(1) On-site courses generally take place in the classrooms specified by ZUB Deutsch.

(2) For objective or organisational reasons, ZUB Deutsch may designate a different classroom within an area that is reasonable for participants, provided that this does not make participation in the course significantly more difficult.

§ 8 Online courses

(1) Online courses are held via a digital platform designated by ZUB Deutsch. The platform used will be communicated no later than with the booking confirmation. Where an account with the platform provider is required in order to use it, that provider's terms of use may apply in addition.

(2) Participation requires a sufficient and stable internet connection, a suitable device as well as a working camera, a working microphone and headphones or a headset.

(3) Participants are responsible for ensuring that the technical requirements are met on their side during class.

(4) Technical faults arising solely on the participant's side do not as a rule give rise to any claim to a repeat of, or a refund for, the affected teaching unit.

(5) Access credentials for online courses are personal and must not be passed on to third parties.

(6) Recordings of classes as well as image, video or audio recordings made by participants are not permitted.

(7) In the event of technical faults for which ZUB Deutsch is responsible and which prevent classes from being held properly, ZUB Deutsch will offer appropriate compensatory performance, for example a replacement session or another suitable opportunity to catch up.

(8) In the event of temporary technical faults of an external platform or telecommunications provider for which ZUB Deutsch is not responsible, ZUB Deutsch will endeavour, as far as is reasonable, to offer a suitable alternative solution. Mandatory statutory claims remain unaffected.

(9) ZUB Deutsch does not record teaching units unless all persons concerned have expressly consented in advance.

§ 9 Teaching staff and organisational changes

(1) There is a right to be taught by a particular teacher only where this has been expressly agreed on an individual basis.

(2) ZUB Deutsch may replace teaching staff for organisational, staffing or professional reasons.

(3) Reasonable changes to the course of instruction, the room allocation or the teacher are reserved, provided that the overall character and the essential scope of services of the booked course are preserved.

(4) Material changes to the agreed scope of services will not be made unilaterally to the participant's detriment.

§ 10 Minimum number of participants and course cancellation

(1) Holding a course at the regularly scheduled amount of instruction requires the minimum number of participants stated in the respective course description.

(2) If the minimum number of participants is not reached, ZUB Deutsch may cancel the course or offer a transfer to another suitable course or course date. ZUB Deutsch will as a rule give notice of a cancellation in text form no later than five working days before the course begins.

(3) Alternatively, ZUB Deutsch may offer to hold the course with a reduced amount of instruction. This requires the participant's consent; the course fee will be reduced pro rata in line with the reduced scope.

(4) In the event of a course cancellation or an offer of a reduced amount of instruction, the participant may withdraw from the contract free of charge if they do not accept the amended offer.

(5) If the course is cancelled and no transfer or other agreement is reached, course fees already paid, including the materials fee, will be refunded in full within 14 days at the latest.

(6) Further statutory claims remain unaffected.

§ 11 Right of withdrawal for consumers

(1) In the case of a contract concluded by distance communication or away from business premises, consumers generally have a statutory right of withdrawal of 14 days. Details follow from the separate withdrawal instructions.

(2) If the booked course begins before the withdrawal period expires, compensation for value must be paid, upon exercise of the right of withdrawal, for the services already rendered up to receipt of the withdrawal, provided the statutory requirements for this are met. The compensation for value is calculated pro rata on the basis of the total price and the amount of instruction already provided.

(3) In the case of a contract for services, the right of withdrawal expires upon complete performance of the service if ZUB Deutsch only began performance after the participant expressly consented to ZUB Deutsch beginning performance before the withdrawal period expires, and the participant confirmed their awareness that the right of withdrawal expires upon complete performance of the contract.

(4) There is no contractual right of termination or cancellation after the course has begun. The right to extraordinary termination for good cause as well as mandatory statutory rights and the following provisions on transfers and visa cases remain unaffected.

§ 12 Special provisions for participants requiring a visa

(1) For participants who are still abroad at the time of booking and who cannot begin the booked course on time because of a delay in the visa procedure, ZUB Deutsch may permit a transfer to a later suitable course.

(2) This requires the participant to inform ZUB Deutsch of the delay without undue delay and, on request, to submit suitable evidence of the ongoing visa procedure.

(3) The transfer depends on the availability of a suitable course place.

(4) If the visa required for participation is demonstrably refused with finality, the participant may cancel the contract provided they inform ZUB Deutsch within seven calendar days of receipt of the refusal notice and submit the complete official refusal notice.

(5) In this case, the course fee paid for services not yet rendered and the materials fee will be refunded within 14 days, generally via the means of payment used for the original payment. Mandatory statutory rights remain unaffected.

(6) A processing fee of 99,00 € is charged for handling a visa-related cancellation.

§ 14 Visas and residence law

(1) ZUB Deutsch gives no guarantee that a visa, a residence permit or any other official document will be granted.

(2) Decisions on visas, residence titles and other official permits rest exclusively with the competent authorities in each case.

(3) Course, registration, payment or attendance confirmations issued by ZUB Deutsch confirm exclusively the facts actually stated in them.

(4) Participants are themselves responsible for informing themselves in good time about the legal and official requirements applicable to their stay.

(5) ZUB Deutsch does not owe legal or visa advice.

§ 15 Exams and exam preparation

(1) Where a course is offered as exam preparation, ZUB Deutsch owes the agreed preparation for the respective exam, but not that the exam will be passed.

(2) Exam fees form part of the course fee only where the respective course description expressly states this.

(3) Where exams are conducted by external exam providers or examination institutions, their respective exam regulations and terms of participation apply in addition.

§ 16 Courses in specialist language

(1) Courses in specialist language, in particular „Deutsch für Mediziner“ (German for doctors) or „Deutsch für Pflegekräfte“ (German for nursing staff), serve to prepare participants linguistically and in specialist language for the communication situations and exam requirements named in the respective course description.

(2) Where a course is expressly offered as preparation for a specialist language exam, ZUB Deutsch owes the agreed exam preparation. Passing the specialist language exam is neither owed nor guaranteed.

(3) Participation in a course in specialist language does not constitute a guarantee of professional recognition, a licence to practise medicine, a professional permit or any other official decision.

§ 17 Teaching materials and copyright

(1) Classes generally use the teaching materials designated by ZUB Deutsch.

(2) The ZUB Deutsch teaching materials designated for the respective course may be provided to participants in printed and/or digital form. The specific scope follows from the respective course description. § 5 applies to the materials fee.

(3) The materials provided are intended exclusively for personal use by the registered participant for their own learning purposes.

(4) Digital files, downloads and access credentials must not be passed on to third parties.

(5) Reproduction, publication, distribution, making available to the public, adaptation or commercial use of the materials is not permitted without the consent of the respective rights holder, unless the respective use is permitted by law.

(6) In particular, materials must not be published or passed on without authorisation on websites, social media platforms, messenger services, cloud storage, learning platforms or other platforms accessible to third parties.

(7) All copyright and rights of use in materials created by ZUB Deutsch itself remain with ZUB Deutsch or the respective rights holder.

(8) Payment of the materials fee does not transfer any rights of use under copyright law beyond the extent required for personal participation in the course.

(9) For third-party materials, the rights and terms of use of the respective rights holders apply.

§ 18 Attendance confirmations and other confirmations

(1) On request, ZUB Deutsch may issue participants with attendance, registration, payment or other course-related confirmations.

(2) An attendance confirmation confirms exclusively the participation actually documented or the facts expressly named in it.

(3) Where a minimum attendance is required for particular confirmations, participants will be informed of this in advance.

(4) ZUB Deutsch gives no guarantee that a confirmation will be recognised for a particular purpose by a particular authority, university, embassy, employer or other third party.

§ 19 Liability

(1) ZUB Deutsch is liable without limitation for damage based on intent or gross negligence, and in the event of culpable injury to life, body or health.

(2) In the event of slightly negligent breach of a material contractual obligation, ZUB Deutsch is liable in accordance with the statutory provisions; to the extent permitted by law, liability is limited to the damage typically foreseeable at the time the contract was concluded.

(3) Material contractual obligations are those obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the contracting party may regularly rely.

(4) Mandatory statutory liability provisions remain unaffected.

(5) Liability under the German Product Liability Act and in the event of the assumption of a guarantee remains unaffected.

(6) The above limitations of liability also apply to the legal representatives, employees and vicarious agents of ZUB Deutsch, in particular teaching staff.

§ 20 Data protection

(1) Personal data is processed in accordance with the applicable data protection provisions. Details follow from the ZUB Deutsch privacy policy as applicable from time to time. For registration, participant administration and payment processing, ZUB Deutsch uses the course administration system KURSO.

§ 22 Final provisions

(1) The law of the Federal Republic of Germany applies.

(2) Vis-à-vis consumers, this choice of law applies only to the extent that it does not deprive the consumer of mandatory consumer protection provisions of the state in which they have their habitual residence.

(3) If the contracting party is a merchant, a legal entity under public law or a special fund under public law, the registered office of ZUB Deutsch may – to the extent permitted by law – be agreed as the place of jurisdiction.

(4) In all other respects, the statutory places of jurisdiction apply.

(5) ZUB Deutsch is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

Withdrawal instructions for consumers

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which the contract was concluded.

To exercise your right of withdrawal, you must inform us (ZUB Deutsch GmbH, Viktoriastraße 10, 44787 Bochum, e-mail: info@zub-deutsch.de; telephone number: still being completed) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an e-mail).

You may use the attached model withdrawal form for this purpose, although it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse you all payments received from you without undue delay and no later than fourteen days from the day on which we receive notice of your withdrawal from this contract. For this reimbursement we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement.

If you requested that the services should begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this contract, compared with the total scope of the services provided for in the contract.

Model withdrawal form

If you wish to withdraw from the contract, please complete this form and send it back.

To: ZUB Deutsch GmbH, Viktoriastraße 10, 44787 Bochum, e-mail: info@zub-deutsch.de

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service (*):

Name of the course / service: __________________________________________

Ordered on (*): ____________________

Name of consumer(s): __________________________________________

Address of consumer(s): ______________________________________

Date: ____________________

Signature of consumer(s) (only if this form is notified on paper): ____________________

(*) Delete as appropriate.