General Terms of Participation and Payment

1. Jurisdiction
The following general terms of participation apply to all
contracts concluded between the company F+U Rhein-
Main-Neckar gGmbH, Hauptstrasse 1, 69117 Heidelberg
– hereinafter referred to as F+U – and the participant –
hereinafter referred to as the participant – with regard to
the educational and training offering, as well as accommodation
(residences and host families) rented through F+U.


2. General
Any person can participate in F+U’s educational activities.
To the extent that admission requirements are prescribed
for the target qualification, their fulfilment is a prerequisite
for participation. The same applies if funding in accordance
with SGB III (German Civil Code - Sozialgesetzbuch) is to
be claimed. There is no right to participation. Rooms are
only rented out in conjunction with an educational activity
booked through F+U.


3. Regulations for individual holiday, public holidays,
minimum participant numbers
3.1 Lessons missed due to statutory public holidays are
made up at the end of the course. For scheduling reasons,
a request to make up a class must be made in
writing no later than 2.30 p.m. the day before.
3.2 At the request of the participants, we also run the
courses if the minimum number of participants of 6
is not reached. Teaching hours are reduced by 25%
for 3-5 participants and by 50% for only one or two
participants. To compensate for this, another group
course can be taken.
In exceptional cases, the maximum number of participants
may be exceeded; participants are free to take
another course at the same level.
3.3 Suspension of the language course (holiday) - The
participant has the possibility to apply for a suspension
of the course for a maximum period of 2 course
weeks per 12 weeks within the respective booked
course. If the application is made and approved in
good time, the booked course will be suspended for
the period requested and the end of the course will be
postponed to a later date calculated according to the
period requested. The deadlines for the application
are as follows, depending on the course:
a. Intensive courses: per course quarter (12 course
weeks) a maximum of two course weeks (Monday
- Friday); application at the latest by Thursday,
16:00 hrs, before the start of the holiday.
b. Evening courses: Application no later than 16:00
on the day of the course.
c. Individual lessons, closed small groups, company
training: Cancellation free of charge is possible
until 14:00 the day before. Appointments on Monday
must be cancelled by 14:00 on Saturday at the
latest.


4. Registration and conclusion of contract
4.1 The registration form of F+U Rhein-Main-Neckar
gGmbH must be completed for each educational
activity and for each accommodation rental. By registering,
the participant accepts the General Terms and
Conditions of Participation and Payment.
4.2 The contract between the participant and F+U is concluded
when the registration has been confirmed by
F+U in writing by letter, fax or e-mail.


5. Terms of payment
5.1 The fees for the contractually agreed services are due
upon receipt of the invoice at the latest four weeks
before the start of the course. All bank charges shall
be borne by the participant. In the case of registration
less than two weeks before the start of the course,
the entire fee is due immediately upon receipt of the
invoice.
5.2 For courses lasting more than three months, payment
by instalments can be arranged. Accommodation can
be paid in monthly instalments. Discounts only apply,
if the full course or accommodation fees are settled
in advance in accordance with the valid price list. All
instalments must be paid by the end of the course or
tenancy at the very latest.
5.3 The fees and their due dates are independent of services
provided by third parties.
5.4 In the event of late payment, a processing fee of €2.50
per reminder will be charged. The course participant
is at liberty to prove that no or less damage has been
incurred by F+U.
5.5 Exceptions may be made in justified individual cases,
which must be in writing to be valid.
5.6 The invoice amount can be paid in cash, by EC card,
bank transfer or by credit card (Visa, Master). Transfer
to the following account (always only after invoicing):
F+U Rhein-Main-Neckar gGmbH
HypoVereinsbank
IBAN: DE38 6722 0286 0031 7684 03
BIC: HYVEDEMM479


6. Withdrawal and termination by the participant
6.1 The participant can withdraw from the contract up to
three weeks before the start of the training course.
The date of receipt by F+U is decisive for meeting the
deadline. The declaration of withdrawal or termination
must be received in text form by the administration
office of F+U, Hauptstraße 1, 69117 Heidelberg.
6.2 If a letter of invitation was issued by F+U for the German
Embassy, the following shall apply: If the visa
is not issued, F+U shall guarantee the return of the
payment less any costs incurred, e.g. for postage (e.g.
DHL), bank charges and an administrative fee of €200.
The course participant has the option of proving that
the F+U has incurred no or less damage than the
aforementioned fees.
The rejection must be documented by an official notice
and by presenting the original letter of invitation. Cancellation
of the language course after receipt of the
visa is only possible upon presentation of a document
from the German embassy proving that the student
has renounced entry into Germany. If the entry has
already taken place, a cancellation of the language
course is no longer possible (see 6.4.c and 6.8), for a
room cancellation point 6.4.e applies.
6.3 When booking the ‘provisional admission’ service,
the following applies: The service can only be booked
in connection with an intensive course of at least 12
weeks.
5 www.academy-languages.de
The participant undertakes to provide F+U with all
documents necessary for the application to the university.
The application process begins after full payment
has been received and all documents necessary
for the application have been submitted. Cancellation
of the language course after the start of the application
process is only possible in the cases provided for
by law, in the case of a renunciation of entry to Germany
and in the case of rejection of the application
by the university. Notwithstanding this, points 6.1-6.2
and 6.4.-6.9 apply. In the event of a valid termination,
the participant a) is required to provide verification
from their embassy that entry has been denied and b)
provide Verification from the university the reserved
admissions spot has been forfeited.
6.4 The date of the start of the course is decisive for the
withdrawal or cancellation deadlines for the courses
and accommodation, if booked. If the course is cancelled,
the accommodation will also be cancelled
automatically. In case of cancellation less than 3
weeks before the start of the course, the following
cancellation fees will be charged:
a. Up to one week before the course starts: €145 for
the course; €180 for the accommodation.
b. Until Friday, 12:00 noon before the start of the
course: the course fee for one course week; the
rent for two weeks plus €130 administration fee
for the accommodation; after this period but still
before the start of the course: the registration fee
plus the course fee for two course weeks or in case
of individual lessons the course fee for two individual
lessons; the rent for two weeks plus €130
administration fee for the accommodation.
c. After the course has started, the course and the
services directly related to it can only be cancelled
in the cases provided for by law. The right
to extraordinary termination remains unaffected.
d. Even if the course is not taken up, the full course
fee must be paid.
e. After commencement of the rental period, the
accommodation may be terminated subject to six
full weeks’ notice and the payment of a termination
fee of €150.
f. The course participant has the option of proving
that the F+U has incurred no or less damage than
the above-mentioned fees.
6.5 For external examinations (TestDaF, telc, TOEFL®,
TOEIC®, ECL, TestAS, OnDaF, IELTS etc.) the cancellation
and fee regulations of the respective licensor
apply.
6.6 Transfers and other special services (see page 26 of
the brochure) can be cancelled free of charge up to
three days before the start of the service. Thereafter,
cancellation is only possible in cases provided for by
law.
6.7 For all notice periods, the date of receipt at F+U is
decisive.
6.8 If alternative notice periods apply through funding
measures or other statutory regulations, these take
precedence.
6.9 The above-mentioned reminder and cancellation fees
do not affect the course participant’s right to prove
that F+U has not suffered any loss or that the loss is
significantly lower.


7. Data protection
The course participant’s personal data is processed and
protected in accordance with statutory data protection regulations,
in particular the EU Basic Data Protection Regulation
and the Ger-man Telemedia Act (Telemediengesetz
- TMG). Information on the type and use of personal data
collected as well as on cancellation options can be found
in the data protection information provided to each course
participant.


8. F+U’s obligations and service provision
8.1 For the scope of contractual service provision, as well
as for the amount of course fees and rent charged,
only the descriptions and price lists specified in the
German and English versions of the brochure are
authoritative. Additional translations are intended
solely for orientation in the respective language.
8.2 F+U is obliged to ensure the teaching of all skills
and knowledge necessary for the achievement of the
specified learn- ing objective, and also to impart any
applicable rules or examination regulations.
8.3 All F+U language courses are orientated to further
training for vocational, scholastic or academic purposes,
and may be taken as preparation for a recognised
language certificate.
8.4 Lessons are delivered within the framework of the
valid courses offered at the start of the training. F+U
reserves the right to make amendments; however
the learning objective of the course must remain
unchanged.
8.5 Should significant changes become necessary before
or during the course, these are to be brought to the
attention of the participant, in writing.
8.6 A change of teaching or training staff does not constitute
a significant change in this sense.
8.7 Certificates and letters of confirmation are only issued
when all invoices or instalments have been settled.
8.8 Upon confirmation of registration we guarantee a
differentiation of levels according to the European
Framework of Reference for Languages as follows:
A1, A2, B1, B2, C1, C2. The learner is to inform F+U of
his/her language level at the time of the booking.


9. Obligations of the participant
The participant is obliged:
9.1 to provide timely and complete documentary evidence
of fulfilment of admission criteria for the course or
examination
9.2 to abide by the house rules at the learning centre and
residence; in particular, the lesson must not be disrupted,
equipment and facilities must be handled with
care and instructions issued by F+U staff in relation to
the house rules must be heeded.
9.3 to acquire the knowledge and skills necessary to
achieve the learning objective
9.4 to participate regularly and punctually in lessons and
activities provided for the achievement of the learning
objective
9.5 to comply with the regulations of vocational and
school legislation, as well as with the valid training
regulations
9.6 to uphold obligations relating to third party contractual
provisions
General Terms of Participation
and Payment
6 www.academy-languages.de
General Terms of Participation
and Payment
9.7 to comply with the obligations resulting from the conclusion
of this contract.
F+U reserves the right to seek compensation for damages
arising from infringement of the obligations set
out in clauses 9.1 to 9.7.


10. Exclusion and cancellation by F+U
10.1 F+U reserves the right to fully or partially exclude
from lessons participants who, after prior warning,
violate the terms of clause 9, whether intentionally or
as a result of gross negligence.
10.2 F+U also reserves the right to terminate the contract if
the participant is in arrears with their fees and/or rent
and, despite reminders, fails to pay. The same applies
if the participant exceeds the number of absences
permitted by the immigration authorities (course participants
requiring a visa), repeatedly disrupts the
group lesson or is evidently unable to achieve the
stated learning objective. In such cases all outstanding
payments become due immediately. There shall
be no refund of any amount already paid up to the
notice of termination arising as a consequence of the
participant’s actions. The participant is obliged to pay
fees up to the next regular termination deadline.


11. Miscellaneous
11.1 F+U does not accept liability for losses incurred by the
participant as a result of conclusion of this contract
or participation in a training activity. There shall be
no compensation for damages arising from cancellation,
postponement or termination of a course due to
falling short of the minimum number of participants.
This does not apply for damages arising from death,
personal injury or damage to health as a result of a
negligent breach of duty by F+U or due to intentional
or negligent breach of duty by a legal representative
or vicarious agent. Payments already made will be
refunded. If significant contractual obligations (cardinal
obligations) are affected, F+U’s liability, in the
case of minor negligence, is restricted to the foreseeable
damages typical for this type of contract. Cardinal
obligations are those material contractual duties
which characterise the contract and whose fulfilment
is crucial for the proper performance of the contract
and which may permanently be relied upon by the
participant.
11.2 Insofar as F+U is obliged to provide insurance cover,
participants are insured against accident through the
responsible Administrative Professions Organisation
(Verwaltungs- Berufsgenossenschaft) or federal
states accident insurer (Unfallkasse der Länder) provided
that they can provide evidence of health insurance
cover. Accident insurance shall then cover all
workplace and commuting accidents relating to the
training activity.


12. Limitation period
Termination and cancellation are excluded if more than six
weeks have elapsed since the reason for the termination or
cancellation.


13. Ancillary agreements / severability clause
13.1 Amendments to the contract and ancillary agreements
require the written form in order to become valid. The
same applies to any waiver of the requirement of the
written form.
13.2 Should individual terms of this contract be or become
invalid, this does not affect the remaining terms of the
contract. In this event, the parties undertake to replace
the ineffective or invalidated clause with a provision
that comes as close as possible to the previous provision
according to the intentions and economic interests
of both parties.
13.3 If the contractual partner is a merchant, a legal entity
under public law or a special fund under public law,
our official place of business shall be agreed as the
exclusive place of jurisdiction for all claims arising
from, or on the basis of, this contract. The same
applies to persons who do not have a general place of
jurisdiction in Germany, or persons who have moved
their place of residence or habitual abode outside Germany
after conclusion of the contract, or whose place
of residence or habitual abode is not known at the
time the action is filed.
13.4 Furthermore, the following shall apply: the instructions
on the processing of personal data, the house
rules and school rules as well as the distributed rules
of conduct and information brochures, insofar as they
contain rules of conduct.


Status: 25.09.2023