The following General Terms and Conditions (GTC) of SPRACH- UND WIRTSCHAFTSSCHULE RAHN, school owner Mr. Dipl.-Hdl. Jochen Schieffer, Karl-Marx-Str. 37-39, 67655 Kaiserslautern (hereinafter: RAHNSCHULE) apply as the binding basis for all contractual relationships between consumers or entrepreneurs (hereinafter jointly referred to as "user" or "customer") who make use of RAHNSCHULE's offers. A consumer is any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor to their independent professional activity (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (§ 14 BGB). Regulations of these GTC that are designated exclusively as applicable to entrepreneurs do not apply to consumers.

The contractual partner is RAHNSCHULE, school owner Dipl.-Hdl. Jochen Schieffer, Karl-Marx-Str. 37-39, 67655 Kaiserslautern, unless another contractual partner is expressly designated within the framework of special offers. The contract language is German. Purchasing and business conditions of commercial users apply only if and to the extent that RAHNSCHULE expressly agrees to their validity in writing.

 

§1 Terms of Instruction

RAHNSCHULE offers German language courses in group lessons, intensive lessons, and individual lessons. One teaching unit (UE) is 45 minutes.

RAHNSCHULE offers the vocational training "state-recognized foreign language secretary" in full-time group lessons. One teaching unit (UE) is 45 minutes.

RAHNSCHULE is open almost all year round, generally also during school holidays. RAHNSCHULE remains closed on all public holidays. During the Christmas holidays, RAHNSCHULE remains closed from the last school day before until and including the last holiday day of the Christmas holidays. During the Easter holidays, RAHNSCHULE remains closed from Thursday before Easter until and including Tuesday after Easter. During the summer holidays, RAHNSCHULE is closed for the first week. For the "Foreign Language Secretaries" training program, the holiday regulations of the state of Rhineland-Palatinate apply.

 

§2 Conclusion of Contract

Unless otherwise stipulated within the framework of special offers, RAHNSCHULE's offers on the internet, in catalogues, and at the branch constitute a binding offer to the customer to conclude the contract with RAHNSCHULE. The customer accepts the offer by signing it. The contract is concluded between the user and RAHNSCHULE by signing a registration form provided by RAHNSCHULE at a RAHNSCHULE branch.

For entrepreneurs, the contract can also be concluded by written consent and signature of RAHNSCHULE's written offer and sending it by fax, mail or e-mail. The respective course or service to be booked will be separately designated and described in the registration form, taking into account the respective terms of instruction.

 

§3 Payment Method

RAHNSCHULE grants neither discounts nor payment terms. The fee must be paid in full upon registration. If direct debit is not possible despite the SEPA mandate being issued, any resulting third-party and internal costs will be charged. For course fees from EUR 300, payment in installments is possible. Registration obliges payment of the entire course fee. Fees for missed lessons will not be refunded. Absence from the course does not relieve the obligation to pay. Special conditions apply for long-term courses. Unless expressly agreed otherwise in writing, the monthly fee is due in advance by the third working day of the respective calendar month at the latest. Payments are to be made in cash or by bank transfer free of charge and expenses, in case of doubt.

Thereafter, the contractual partner will be in default. In this case, RAHNSCHULE is entitled to charge a lump sum for damages of € 8.00 for each reminder. If the contractual partner is in default of payment with an amount exceeding two monthly fees, RAHNSCHULE is entitled to terminate the contract without notice. In this case, the agreed total fee becomes due upon receipt of the termination.

 

§4 Downtime

Missed lessons will be made up, provided that RAHNSCHULE is responsible for them. If a course participant does not attend classes, this does not entitle them to a reduction in fees. Replacement lessons expire at the end of the contract. Offsetting is not possible. In the event of a lockdown caused by a pandemic, courses and selected events will automatically continue online with a video conferencing system. Online lessons are equated with face-to-face lessons and do not constitute a reason to cancel the course and demand a refund of fees. Compliance with the applicable hygiene regulations does not constitute a reason for cancellation. As a general rule: In the event of an interruption of lessons due to force majeure, all concluded contracts are extended by the period during which the force majeure persists. In the event of force majeure, RAHNSCHULE is not obligated to provide a refund.

 

§5 Visa Courses Registration Letter

An official registration confirmation letter for visa purposes can be provided after successful registration and full payment of course fees for a fee of €25. This confirmation letter will be sent by e-mail. If a printed copy is requested, additional postage costs will apply depending on the destination. The confirmation letter is a legally binding document that documents the time and period of the booked language course. Therefore, the participant must apply for a visa based on the data provided. Should a participant require a new confirmation letter with different data, they must provide written proof from the relevant embassy. This proof must be submitted to RAHNSCHULE ten days before the start of the course. A new confirmation letter will incur an additional €25, plus shipping costs if necessary.

Rebooking
After registration, it is possible to rebook the course once, but only if this is necessary due to a delay in the visa approval process and is reported to the school at least ten days before the start of the course. To postpone a course, the participant must provide written proof from the relevant embassy that the visa cannot be issued for the dates documented on the RAHNSCHULE confirmation letter. The course must begin no later than 3 months after the original course start. A course can only be postponed in its entirety – no partial postponements can be made.

Refund / Cancellation
A refund of up to 75% of the total course fee (minus any bank fees) is only possible upon presentation of a rejection letter from the relevant visa authority. Under no other circumstances can a refund be granted. The rejection letter must accompany the refund request. The withdrawal of a visa application does not constitute a rejection. A declaration of withdrawal does not justify a refund. Refund requests received later than 4 weeks after the rejection notice from the relevant visa authority cannot be accepted. If a refund is possible, the amount will be refunded no later than 4-6 weeks after receipt of the valid refund application. Refunds for course parts are not possible. Refunds can only be made to the participant's bank account or to the bank account of the person who made the payment of the course fees.

 

§6 Term and Termination

The contract is concluded for a fixed term. In order for us to work continuously with the course participants, a minimum term is agreed upon. The contract can be ordinarily terminated by either party for the first time at the end of the agreed minimum term. Any ordinary termination must be in writing. The decisive factor is the date of receipt according to the postmark. The statutory right of both contracting parties to terminate without notice for good cause remains unaffected.

RAHNSCHULE may withdraw from the contract due to an insufficient number of participants, the absence of a course instructor, or other reasons for which it is not responsible. In these cases, already paid tuition fees will be refunded. Further claims against RAHNSCHULE are excluded. RAHNSCHULE may reduce the number of teaching hours in a course if there are fewer than 8 participants.

For language courses that have been concluded as a prerequisite for a visa, the right of withdrawal expires upon issuance of the registration certificate for the respective embassy of the immigration authority.

 

§7 Liability

RAHNSCHULE is liable for damages only in cases of intent and gross negligence. RAHNSCHULE is also liable for the negligent breach of essential contractual obligations (cardinal obligations), i.e., obligations whose breach jeopardizes the achievement of the contract's purpose and on whose compliance a contractual partner may regularly rely. However, in the event of negligent breach of cardinal obligations, RAHNSCHULE is only liable for foreseeable, contract-typical damage. This exclusion of liability does not apply to injury to life, body, and health. Liability under the Product Liability Act remains unaffected. An exclusion or limitation of liability of RAHNSCHULE also applies to the personal liability of its legal representatives, employees, or other vicarious agents.

 

§8 Right of Set-off

Against claims of RAHNSCHULE, the contractual partner can only set off undisputed, legally established or counterclaims arising from the same contractual relationship.

 

§9 Personal Data

In connection with the initiation, conclusion, and processing of a contract based on these GTC, RAHNSCHULE collects, stores, and processes data such as the customer's name, address, and lesson-related information about the participant. This is done within the framework of legal provisions. RAHNSCHULE does not pass on personal data to third parties unless it is legally obliged to do so or the customer has expressly consented in advance. If a third party is used for services in connection with the processing of processing operations, the provisions of the Federal Data Protection Act are complied with. The data provided by the customer by way of order will be processed exclusively for contact within the framework of contract processing and only for the purpose for which the customer provided the data. For customers for whom RAHNSCHULE provides services in advance, credit inquiries are carried out with credit agencies already at the start of the contract and during further contract execution, and collection data is passed on to them to the extent legally permissible. If RAHNSCHULE is subject to commercial and tax retention periods, the storage of some data can last up to 10 years.

 

§10 Visual Material / Film, Photo and Audio Recordings

We point out that, in principle, video, photo, and audio recordings (including with 360-degree cameras) can be made at hybrid and online events within the framework of legal regulations and without the separate consent of those affected and participants at all program points. These recordings are solely for the purpose of ensuring and conducting the courses and are not stored.

Insofar as video, photo, and audio recordings of major events (e.g., conferences, congresses, barcamps) are made beyond that, those affected and participants must obviously expect their publication beyond the school boundaries. A declaration of consent will therefore not be obtained in these cases. These video, photo, and audio recordings can also be processed, used, exploited, and published by the Rahn Language and Business School for reporting purposes, without temporal or local limitation and free of charge, e.g., in image galleries, especially in newsletters, on websites operated by the Rahn Language and Business School, and on the Rahn Language and Business School's pages on social media. Unpublished video, photo, and audio recordings will be deleted after all processing and storage purposes have ceased, unless deletion is inhibited by legal provisions, by the fulfillment of a legal obligation, by the exercise of the right to freedom of expression and information, for reasons of public interest, for the assertion, exercise, and defense of legal claims, for archive and research purposes, or for journalistic-editorial purposes.

As a data subject, you have the rights to information, rectification, erasure, restriction of processing, data portability, and objection in accordance with Art. 15 to Art. 18 and Art. 20 and Art. 21 GDPR.

Affected persons and participants have the right to complain to the supervisory authority if they believe that the processing of their film, photo, and audio recordings violates the General Data Protection Regulation. The competent supervisory authority is: The State Commissioner for Data Protection and Freedom of Information Rhineland-Palatinate, Hintere Bleiche 34, 55116 Mainz

 

§11 telc-Examinations

Registration

RAHNSCHULE is a licensed telc examination center and offers telc examinations. Registration is only binding when the registration form has been fully completed and all fees have been paid in full. After successful registration, the examination date and level can no longer be changed.

Examination Declaration

Once a customer has been registered for the examination, the exact examination time will be confirmed by e-mail at least 3 days before the examination date. The customer is obliged and responsible for regularly checking the e-mail address provided on the examination form. Should the customer not have received an e-mail notification regarding their examination time 3 days before the examination date, the customer is obliged to contact the examination center on their own initiative and inquire about the examination time independently. The examination center accepts no liability if no e-mail notification is available and explicitly emphasizes the participant's responsibility to inform themselves about the time of their examination. Participation in the examination is only possible if the customer arrives for the examination on time and can present a valid passport or identity card.

Examination Procedure

The General Terms and Conditions (GTC) of telc, as well as the telc Examination Regulations, apply to the telc examination. The current GTC and the Examination Regulations can be viewed on the telc homepage. For the payment of telc examinations and the refund of examination fees, only the GTC of RAHNSCHULE apply.

Refunds

Once paid, examination fees cannot be refunded. No exceptions can be made, even if, for example, a participant is prevented from participating due to illness, arrives late, or cannot present a valid identification document. After payment of the examination fees, the examination date cannot be changed.

Notification of Examination Results

The certificate will usually arrive at the examination center approximately six weeks after the examination. The participant will be informed immediately of their results and can pick up their certificate in person. If a certificate arrives late, there is no entitlement to compensation. RAHNSCHULE accepts no liability for incorrectly issued certificates, e.g., for spelling mistakes in names.

Exclusion from Examination 

The use of electronic devices or other means and/or resources during the examination is expressly prohibited. The use of these or any other attempt at cheating will result in immediate exclusion from the examination. There is no entitlement to a refund of examination fees.

 

§12 Exclusion of § 312 ('Distance Selling Act')

RAHNSCHULE is excluded from the Distance Selling Act in accordance with § 312b Para. 1 BstG, as RAHNSCHULE's services are tied to a specific point in time. The customer therefore has no claim to refunds under the Distance Selling Act (§ 312 d).

 

§13 Miscellaneous

Should a student disrupt class, RAHNSCHULE may, after a warning, excuse the student from class for that day. The payment obligation is not reduced thereby. Class times are set by RAHNSCHULE; a postponement for organizational reasons is possible. An integral part of our General Terms and Conditions is RAHNSCHULE's currently valid hygiene plan.

 

§14 Sales Tax

The services provided by RAHNSCHULE are exempt from value-added tax according to the current legal provisions (§ 4 No. 21 letters a + b), so no value-added tax is shown in this regard. Should the VAT exemption cease to apply, RAHNSCHULE is entitled to additionally charge the incurred value-added tax.

 

§15 Amendments

This contract fully reflects the agreements made; there are no verbal collateral agreements. Amendments or additions to the contract must be in writing. Should any of the above provisions be ineffective, the statutory provisions shall apply. The principle of precedence of individual agreements (§ 305 b BGB) takes precedence over consumers.

 

§16 Supplementary Agreements and Severability Clause

If the customer makes agreements with the provider that deviate from the General Terms and Conditions, or if they agree on changes, additions, or collateral agreements to the agreements made, these must be in writing to be effective. If individual provisions of these General Terms and Conditions have not become part of the contract, either wholly or in part, or are invalid, the remainder of the contract shall remain valid. In such a case, the content of the contract shall be governed by statutory provisions.

 

§17 Choice of Law and Jurisdiction Clause

German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law only applies insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence. The place of jurisdiction is the registered office of RAHNSCHULE, i.e., Kaiserslautern, unless the customer is a consumer, but rather a merchant, a legal entity under public law, or a special fund under public law, or insofar as the customer has relocated their domicile or habitual residence abroad after the conclusion of the contract, or their domicile or habitual residence is unknown at the time the action is brought. The contractual relationship and further business relations between RAHNSCHULE and the customer are exclusively subject to German law, to the exclusion of international sales law.