General terms and conditions

General terms and conditions of Sprachschule Aktiv GmbH

§ 1. General provisions:

1. These general terms and conditions (GTC) apply to all contractual relationships (such as training courses, seminars, events, exams, language trips, rentals and e-learning) between Sprachschule Aktiv GmbH and consumers (hereinafter collectively referred to as “customer” or “participant”). When concluding a contract via the Internet services (Sprachschule Aktiv GmbH website), the user accepts these terms and conditions by clicking on the consent button.
2. Signing up for a course is a legally binding registration. By signing up, the contract is concluded between the customer and Sprachschule Aktiv. Registration can be done via the online form or via the registration form in the premises of Sprachschule Aktiv.
3. By registering, the customer agrees to pay the course fees in full and in due time before the course starts. By registering, the customer undertakes to pay in full and on time. The invoice amount is due immediately after receipt of the invoice. In the event of a delay in payment extra penalties would apply. Invoices that are not paid on time will be forwarded to Akzepta Inkasso Group. If the customer defaults on payment, Sprachschule Aktiv is entitled to terminate the contract without notice. Sprachschule Aktiv is not obliged to provide services if payment is not made in full and / or on time. Booking a course/exam in any form requires a binding registration. Sprachschule Aktiv is only obliged to carry out the course if the course fee has been fully paid to the account of Sprachschule Aktiv.
4. The duration of one teaching unit for all courses is usually 45 minutes.
5. Changes and additions to the contract must be made in written form to be effective Missed lessons in all courses are not refunded and will not be made up for.
6. The language school Aktiv reserves the right to change the teacher. In this case, the student is not entitled to cancel the course. The student is also not entitled to choose a particular teacher.
7. Sprachschule Aktiv continuously strives to achieve the planned teaching content and learning objectives in order to best prepare the students for internal and external exams. However, Sprachschule Aktiv assumes no responsibility for ensuring that a certain level of learning is achieved by the course participants at a certain time. Likewise, the language school Aktiv assumes no responsibility if students fail any exam.
8. Language classes at Sprachschule Aktiv are exempt from VAT in Austria. If any additional costs arise, due to VAT or sales tax payments which may be incurred abroad, these must be borne by the customer.
9. The starting dates of all courses are fixed in advance. Sprachschule Aktiv reserves the right, in certain cases, to postpone or change course dates. In such cases, students will be notified of any changes in good time. These changes are not considered as cancellation reasons.
10. After completing a course, the student has the opportunity to attend a follow-up course. Each follow-up course requires a renewed registration. Without an effective registration, the participant is not entitled to a reserve a place on the course.
11. Books and learning materials are not included in the prices published on our website.
12. There will be no classes at the Aktiv Sprachschule on Austrian public holidays. Missed lessons will not be reimbursed or made up for.
13. The contract language is German
14. These terms and conditions are available in different languages. In the event of a contradiction between the German version of the GTC and any other official translations, the German version has priority.
15. Employees of the ÖIF or representatives from ÖIF are entitled at any time to check the language level of the German course participants during a course. The review in terms of a language assessment can last one day of the course. This time required for the language assessment test is mandatory from ÖIF’s side, and Sprachschule Aktiv has to guarantee and grant access to the courses. This time will not be made up for.
16. Customers have to notify Sprachschule Aktiv in written from at what time they are available for the service. This is to happen immediately after the registration, but no later than 14 working days before the start of the service. If the notification is not given in time, the customer will be assigned automatically to a service. The automatic assignment is not a reason for contract termination.
17. Cryptocurrency (card payment) is accepted as a form of payment. The customer pays the transaction fee.
18. The customer confirms that he/she has proof of a low epidemiological risk according to the COVID-19 Protective Measures.
19. Sprachschule Aktiv can exclude people who disrupt the class (e.g. due to consumption of Alcohol) from further participation in the course. The course fee is not to be refunded. Sprachschule Aktiv holds no liability for any additional costs or for any loss of profit incurred by the customer.
20. Consequential or indirect damage (e.g. cancellation fees, invoices for hotel or travel, etc.) as well as lost profits will not be replaced under any circumstances.
21. The fee is to be transferred to an account specified by Sprachschule Aktiv without any deductions or expenses. In particular, the customer is obliged to bear any bank charges associated with the payment.
22. Coupons and discount vouchers with a voucher code can only be redeemed if the corresponding voucher code is entered in the registration form in the “Remarks” field. If the voucher code is not specified, or is not currently valid, non-discounted original price will be charged.

§ 2. Cancellation, withdrawal and special regulations:

1. There is no right of cancellation for all registrations made using the registration form in the premises of Sprachschule Aktiv.
2. Missed teaching units will not be reimbursed for any measure and will not be made up for. Sprachschule Aktiv does not grant any refunds for unused services or payments made.
3. Mere absence from a course is not considered a cancellation, therefore the obligation to pay the course fee still stands.
4. If the student ends the booked language course early, the entire outstanding course fee is due for payment immediately. If, in the event of an agreed installment payment, a due installment is not paid, the installment agreement loses its validity and the total amount is due from the date of the unpaid installment
5. If you require a payment confirmation for the registered course, you will receive the confirmation by e-mail. After receiving the payment confirmation, course cancellation or refund is no longer possible.
6. Sprachschule Aktiv reserves its right to change the start date or course/examination times planned for the execution of the service for justifiable reasons or reasons for which Sprachschule Aktiv is not responsible. This adjustment does not entail a special right of termination or a right to a full/partial refund.
7. Up to 100% of the course costs can be covered by AMS, WAFF, European Social Fund, an employer or other institution. If the accepted funding (a positive notification of the acceptance of costs by the AMS, WAFF, or the paying institution) is withdrawn, the participant undertakes to inform the language school Aktiv immediately. The total invoice amount is then to be paid immediately and must be borne by the participant himself/herself.
8. For customers who do not have an Austrian residence, the outstanding invoice amount must be paid no later than 14 days before the beginning of the course.
9. The participant hereby confirms that the booked course is necessary for professional or educational-related purposes.
10. Sprachschule Aktiv reserves the right to refuse registrations (even without a reason).
11. If the number of participants is too low, Sprachschule Aktiv reserves the right to cancel or postpone the course until the minimum number of participants is reached. In this case, the participants will be informed in good time. After being notified of the cancellation or postponement, the student has 5 working days to let us know in writing by email whether he/she wants to withdraw from the contract. If the student does not respond within the 5 working day period, he/she will automatically be booked onto the next course taking place.
12. If the lesson cannot be held due to force majeure the participant is not entitled to a refund or to make up for lessons that have not taken place. In case the language school for reasons for which it is not responsible for, such as Pandemic or infectious diseases, this circumstance does not entitle the student to terminate the contract. Instead, the contract is suspended for the duration of the closing of the language school and will continue unchanged after the reason for closure no longer applies. Sprachschule Aktiv reserves the right to continue the courses using digital technology (online).

§ 3. Right of withdrawal for consumers in the case of distance sales contracts and contracts concluded outside of business premises

1. You would like to register for a course via online registration, which the organization for begins before the statutory period of 14 days to withdraw from the contract has expired. According to § 18 FAGG, a consumer has no right of withdrawal from distance contracts for services if the company – on the basis of an express request by the consumer according to § 10 FAGG and confirmation of the consumer’s knowledge of the loss of the right of withdrawal upon complete fulfillment of the contract – before the expiry of the withdrawal period according to § 11 FAGG begins with the execution of the service and then provides the service in full. If, in this case, the service is not fully provided, the consumer has to pay an amount that is proportionate to the contractually agreed total price and corresponds to the services provided up to the point of withdrawal. By ticking the box in the confirmation field, you are expressly requesting us to perform the contract early.
2. Exceptions from the right of withdrawal: According to Section 18 (1) FAGG, the consumer has no right of revocation for online or contracts concluded outside of business premises in following cases:
   -Services if the service provider, according to request from the consumer where the consumer is informed of his knowledge of the loss of the right of withdrawal in the event of complete fulfillment of the contract, had begun to perform the service before the withdrawal period had expired and the service was then fully provided according to his specific request.
   -Goods that are made according to customer specifications or are clearly tailored to personal needs.
   -Services that are provided in connection with leisure activities, provided that a certain time or period is contractually provided for the fulfillment of the contract by the service provider.
   The customer therefore expressly confirms the knowledge of the loss of his right of withdrawal in the event of complete fulfillment of the contract if the performance of the service had started before the end of the fourteen-day withdrawal period and the service was then fully performed.
3. You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded. In order to exercise your right of withdrawal, you must contact us, Sprachschule Aktiv GmbH, 1040 Vienna, Operngasse 20b/Faulmanngasse 4, 3rd floor, +43 1 5222 467, info@sprachschule-aktiv-wien.at, by means of a clear declaration (e.g. a letter sent by post, email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. You can also electronically fill out and submit the model cancellation form or another clear declaration on our website. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
4. Consequences of withdrawal
   If you withdraw from this contract, we will have all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you choose a different type of delivery than the cheapest one offered by us such as Standard delivery), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used for the original transaction, unless something else was expressly agreed on with you; In no case will you be charged any fees for this repayment.
   If you have requested that the service should begin during the cancellation period, you have to pay us a reasonable amount, which corresponds to the portion of the up to the point in time at which you inform us of the exercise of the right of cancellation with regard to this contract. services already provided compared to the total scope of the service provided in the contract.
   This instruction is to be given to the online customer before the contract is concluded. Furthermore, the customer must be provided with a cancellation form:
   Model withdrawal form: If you want to cancel the contract, please fill out this form and send it back.
   To Sprachschule Aktiv GmbH, 1040 Vienna, Operngasse 20b / Faulmanngasse 4, 3rd floor, +43 1 5222 467, info@sprachschule-aktiv-wien.at
   I / we hereby revoke the contract concluded by me / us for the provision of the service
   Booked on
   Name of the participant
   Address of the participant
   Date
   Signature of the participant (only if this is communicated on paper)

§ 4. Special provisions for private, pair and company courses:

1. If the course participant is unable to attend a pre-agreed appointment, the participant must inform the language school or the teacher in written form or by telephone at least 24 hours before the class in order to be eligible to re-schedule the lesson. If the agreed appointment is on a Saturday, Sunday, Monday or a public holiday, the student has to inform Sprachschule Aktiv on the last working day before the agreed appointment by 16:00 at the latest. In this case, the date will be changed and the lesson will be postponed. If lessons are not cancelled by the student within the 24-hour period, there is no entitlement to substitute lessons.
2. Lessons booked for private, pair and company courses must be consumed within 6 months of start date on the issued invoice. After 6 months from the course start date on the invoice, the lessons expire and can no longer be consumed. Sprachschule Aktiv does not refund the costs of any booked lessons.
3. Lessons that have already been paid for can be transferred to third parties after consultation with Sprachschule Aktiv. In this case, the student must submit a written statement.

§ 5. Special provisions for German courses:

1. If the minimum number of participants in intensive course was not reached, the course in question will be held for shorter periods under the same payment conditions:
   Intensive courses: from 5 participants 3×60 minutes per day, with 4 participants 2×60 minutes per day
2. Sprachschule Aktiv can help students obtain a visa for the duration of the booked course. To claim this, the student must first register for a German course and pay a fee of 549 €. In the event that a visa for the German course is rejected, Sprachschule Aktiv reserves the right to keep the full payment of 549 €. In this case, the participant is obliged to immediately send the rejection notice of the German consulate as well as the certificate for issuing a visa to Sprachschule Aktiv. These documents must be submitted at least 10 working days before the start of the course by email. Course participants who have received a visa based on our visa certification cannot cancel the booked German course.

§ 6. Language courses abroad / language trips

1. Sprachschule Aktiv does not take any responsibility for the language courses taught aboard. The activity of Sprachschule Aktiv is limited to the arrangement of the language course and to providing advice.

§ 7. Trial lessons

1. The trial lessons organized by Sprachschule Aktiv are free and non-binding for the participants. If the participant was not satisfied with the trial lesson, he/she has no obligations whatsoever.
   In a subsequent registration for the course, the trial lesson is calculated as a regular lesson. For group, intensive and semi-intensive courses, the trial lesson is the duration of a regular course session.
2. The trail lesson is for 45 minutes.
3. The duration of a trial lesson for a private, pair or company courses is 45 minutes. If the participant signs up for a free trial lesson and does not attend on the agreed date, he/she will be issued with an invoice of € 48.00. The cancellation of a trial lesson must be in writing and must be submitted to Sprachschule Aktiv at least 24 hours before the agreed appointment. Otherwise, the participant will be issued with an invoice of 48,00 €.

§ 8. Exam Registration & Cancellation

1. By registering for an exam, a contract is concluded between the customer and Sprachschule Aktiv. Registration can be done via the online registration form or via the registration form at Sprachschule Aktiv.  It is not possible to cancel an exam.
2. By registering, the customer agrees to pay the examination fee in full after the registration. The invoice amount is due immediately after receipt of the invoice. The fees of ÖIF exam are to be paid within 24 hours. If the fees are not paid within 24 hours of receipt of the invoice, no spot can be guaranteed for the selected exam date. Once you complete the payment, you would have to send a proof of payment by e-mail to info@sprachschule-aktiv-wien.at.
3. If the customer is late for an exam, he / she will not be admitted to the exam. The customer undertakes to pay the examination fee, even if he is not admitted to the examination. A refund is not possible in this case.
4. In the case that an ÖIF exam gets postponed because of force majeure such as Pandemic or infectious diseases, this circumstance does not entitle the student to terminate the contract. In this case, the student is to join the next announced ÖIF exam date.
5. Mere absence from an exam is not considered a cancellation, therefore the obligation to pay the course fee still stands.
6. Sprachschule Aktiv has the right to cancel an exam in case of a low number of participants.
7. Customers must bring a proof identity. If the customer doesn´t present a proof of identity and he/she appears at the exam location after 08:55 a.m., he/she will be refused admission to the examination. In this case the examination fee will still have to be paid or will not be reimbursed.

§ 9. Placement Tests

1. If the participant registers for a placement test and he/she does not attend on the agreed date, he/she will be issued an invoice of € 48.00.
   The cancellation of a placement test must be in writing and must be submitted (via email) to Sprachschule Aktiv at least 24 hours before the agreed date of the test. Otherwise, the participant will be issued an invoice of 48,00 €.

§ 10. Vouchers

1. A cash payment of vouchers is not possible. However, these can be offset against booked services. It is valid for 6 months from the date of issue.

§ 12. Privacy policy

https://www.sprachschule-aktiv-wien.at/datenschutz-sprachschule/