General terms and conditions
General terms and conditions of Sprachschule Aktiv
§ 1. General provisions:
- These general terms and conditions (GTC) apply to all contractual relationships (such as training courses, seminars, events, exams, and e-learning) between Sprachschule Aktiv and consumers (hereinafter collectively referred to as “customer” or “participant”). When concluding a contract via the Internet services (Sprachschule Aktiv website), the user accepts these terms and conditions by clicking on the consent button.
- 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.
- 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.
- The duration of one teaching unit for all courses is usually 45 minutes.
- 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.
- Sprachschule Aktiv mainly employs mother-tongue teachers to carry out the courses, but the student is not entitled to choose a particular teacher. Sprachschule Aktiv reserves the right to exchange and replace teachers during a course.
- 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.
- 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.
- 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.
- 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.
- Books and learning materials are not included in the prices published on our website.
- Due to the Christmas holidays, the intensive courses in December will be held within 3 weeks (instead of 4 weeks).
- There will be no classes at the Aktiv Sprachschule on Austrian public holidays. Missed lessons will not be reimbursed or made up for.
- The contract language is German
- 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.
- Employees of the ÖIF or representatives from ÖIF are entitled at any time to check the language level of the 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.
- 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.
§ 2. Cancellation, withdrawal and special provisions:
- There is no right of cancellation for all registrations made using the registration form in the premises of Sprachschule Aktiv.
- For private and company courses, the courses are booked for a pre-determined period, date or number of hours. In the event of missed appointments and/or breaks in the language course, there is no entitlement to a partial refund or replacement lessons.
- Students have the right to cancel the booked course after the first lesson in the event that the course does not meet the expectations of the student. This is possible if, and only if, the student has registered for a trial lesson and not a language course. The cancellation request must be submitted no later than 24 hours after the first lesson and must be submitted in written form via email. The first lesson is solely the lesson that takes place on the day that the course started.
- The language school Aktiv reserves the right to change the teacher. In this case, the student is not entitled to cancel the course.
- Mere absence from a course is not considered a cancellation, therefore the obligation to pay the course fee still stands.
- 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
- 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.
- In certain cases, the language school Aktiv reserves the right to adjust the course time due to organizational requirements. The intensive courses in the morning can start between 8:00 and 11:30 and the group course between 17:30 and 19:30. This adjustment does not result in a special right of termination nor to the right to a full/partial refund of any fees.
- 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.
- 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.
- The participant hereby confirms that the booked course is necessary for professional or educational-related purposes.
- Sprachschule Aktiv reserves the right to refuse registrations (even without a reason).
- 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.
- 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.
§ 3. Right of withdrawal for consumers in the case of distance sales contracts and contracts concluded outside of business premises
- Right of withdrawal: Consumers can withdraw from distance contracts within the meaning of Section 1 (2) of the Distance and Foreign Business Act (FAGG) within fourteen days from the date on which the contract is concluded without giving reasons. A clear written declaration (e.g. by post) to Sprachschule Aktiv, Faulmanngasse 4, 3rd floor, 1040 Vienna, or an email address: email@example.com is sufficient for timely cancellation. Withdrawal from the contract in the case of distance selling contracts is only permitted up to 14 fourteen days before the start of the course after the expiry of any statutory right of withdrawal.
- 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.
- Consequences of resignation:
If the customer has requested that the services should begin during the withdrawal period, the customer has to pay the standing invoice amount, which corresponds to the portion up to the point in time in which the customer informed Sprachschule Aktiv of the withdrawal.
Sprachschule Aktiv uses the same means of payment for the refunds that the customer used for the original payment, unless something else was expressly agreed on with the customer.
Sample withdrawal form for consumers in the case of distance contracts and contracts concluded outside of business premises. If the customer wants to withdraw from the contract, the customer can use this form and send it to Sprachschule Aktiv.
Sprachschule Aktiv, Faulmanngasse 4, 3.OG, 1040 Wien, E-Mail: firstname.lastname@example.org
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
-Ordered on (*) /Received on (*)
-Name of the Customer
-Address of the Customer
-Signature of the Customer (only in case of paper form)
(*) Delete where not applicable.
§ 4. Special provisions for private, pair and company courses:
- For private, pair and company courses, the course participants have the opportunity to arrange the dates directly with Sprachschule Aktiv or with the booked teacher.
- For bookings of private and company courses, the time of the booked lessons can be arranged directly with the teacher or the language school.
- For private and company courses, the student has the opportunity to choose how many lessons to book. A minimum booking of 10 lessons of 45 minutes is required. Fewer than 10 lessons can only be booked following consultation with Sprachschule Aktiv. The booking of a certain number of hours is binding. The course participant is not entitled to a partial refund in the case he/she does not wish to complete the full pre-booked number of lessons.
- 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.
- 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.
- 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:
- In the case of intensive, semi-intensive and group courses, if the minimum number of participants was not reached, the course in question will be held for shorter periods under the same payment conditions:
In the case of intensive courses (Mon-Fri), from 7 participants 4 lessons of 45 minutes, with 5-6 participants 3 lessons of 45 minutes and with 2- 4 students 2 lessons of 60 minutes are held per day.
In the case of semi-intensive courses (4x week), from 4 participants a total of 32 lessons of 45 minutes (4 weeks), with 3 participants 24 lessons of 45 minutes (4 weeks) and with 2 students 16 lessons of 45 minutes (4 weeks) are held.
For group courses (3x week) from 4 participants a total of 24 lessons of 45 minutes (4 weeks), with 3 participants 20 lessons of 45 minutes (3 weeks) and with 2 participants 16 lessons of 45 minutes (2 weeks) are held.
For group courses (2x week) from 4 participants a total of 24 lessons of 45 minutes (6 weeks), with 3 participants 20 lessons of 45 minutes (5 weeks) and with 2 participants 16 lessons of 45 minutes (4 weeks) are held.
For group courses (1x week) from 4 participants a total of 24 lessons of 45 minutes (12 weeks), with 3 participants 20 lessons of 45 minutes (10 weeks) and with 2 participants 16 lessons of 45 minutes (6 weeks) are held.
- 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 399 €. In the event that a visa for the German course is rejected, Sprachschule Aktiv reserves the right to keep the full payment of 399 €. 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 7 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. Special provisions for group and intensive courses for all languages (except German):
- For intensive courses (Mon-Fri) in English 4 lessons of 45 minutes from 7 participants, 3 lessons of 45 minutes with 5-6 participants and 2 lessons of 60 minutes with 2-4 students are held per day. In all cases, the same terms of payment apply.
- For intensive courses (Mon-Fri) in other languages (excluding German and English) 4 lessons per day of 45 minutes are held from 4 participants, for less than 4 participants 2 lessons of 60 minutes. In all cases, the same terms of payment apply.
- For group courses (1x week) with 4 participants a total of 24 lessons of 45 minutes (12 weeks), with 3 participants 20 lessons of 45 minutes (10 weeks) and with 2 participants 16 lessons of 45 minutes (6 weeks) are held. In all cases, the same terms of payment apply.
- For group courses (2x week) with 4 participants a total of 24 lessons of 45 minutes (6 weeks), with 3 participants 20 lessons of 45 minutes (5 weeks) and with 2 participants 16 lessons of 45 minutes (4 weeks) are held. In all cases, the same terms of payment apply.
- For Semi-Intensive Courses (4 weeks) with 4 participants a total of 32 lessons of 45 minutes (4x week) are held. In all cases, the same terms of payment apply.
§ 7. Language courses abroad
- Sprachschule Aktiv does not take any responsibility for the language courses taught aboard. The activity of Sprachschule Aktiv Wien is limited to the arrangement of the language course and to providing advice.
§ 8. Trial lessons
- 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.
- The trail lesson is for 45 minutes.
- 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 € 42.00. 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 42,00 €.
§ 9. Exam Registration & Cancellation
- 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.
- 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. If the customer is ill on the day of the exam, a medical certificate is required. In this case, a cancellation fee of 99,00 € will be charged.
- 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.
- Mere absence from an exam is not considered a cancellation, therefore the obligation to pay the course fee still stands.
- Sprachschule Aktiv has the right to cancel an exam in case of a low number of participants.
§ 10. Placement Tests
- 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 € 42.00.
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 42,00 €.
§ 11. Vouchers
- A cash payment of vouchers is not possible. However, these can be offset against booked services. It is valid for 12 months from the date of issue.
§ 13. Disclaimer
- Sprachschule Aktiv holds no liability for damage, accidents or injuries to customers or theft and damage to their property neither during lessons nor trips on the way to and from the locations of Sprachschule Aktiv. Sprachschule Aktiv holds no liability for material damage, regardless of what type, that arise from the transfer of knowledge.