Can the CDC be trusted

General Terms and Conditions - Carl Duisberg Classroom Courses

Status 06/2020

1. General

For the sake of readability, we decided to use the generic masculine. Of course, all masculine terms also refer to women and people of different sexes.

These general terms and conditions (hereinafter referred to as “GTC”) regulate the contractual relationships between Carl Duisberg Centren non-profit GmbH (hereinafter “CDC”) and persons or companies (hereinafter “client”) for which CDC German courses and related services in Germany he brings. If the client does not use CDC's services personally, the provisions apply accordingly to the recipient of the service (e.g. course participant).

2. Booking and order confirmation

With his registration, the client submits a binding contract offer (hereinafter "booking"). The client should use the pre-prepared registration forms or CDC's online booking process. Other registrations are to be interpreted in such a way that they relate to current offers from CDC, as described in official CDC advertising materials.

The client is obliged to truthfully provide the personal data required to prepare the contract when registering.

Bookings for people with health restrictions that could affect the provision of the services booked, such as B. Allergies, must contain the express personal declaration of this person that he / she consents to the necessary processing of his / her health data in the knowledge of the data protection information from CDC (hereinafter "health consent"); otherwise CDC is not authorized to use the required health data. In this case, the booking or the contract will only become effective once CDC has received your health consent.

Bookings by minors must be made or confirmed by one of their legal guardians. For minors, a written power of attorney from a legal guardian (hereinafter referred to as the “parent's declaration”) is also required. In this case, the booking or the contract will only become effective once CDC has received the required confirmation from the legal guardian and the parent's declaration.

CDC can acknowledge receipt of a booking with a confirmation of receipt. The confirmation of receipt does not constitute acceptance of the contract and is non-binding.

CDC can accept a booking for 10 working days after receipt. CDC declares its binding acceptance with an order confirmation in writing, text form or in an electronic format suitable for permanent reproduction; if there is no order confirmation, no contract is concluded and there is no entitlement to a booked service.

When booking through agencies, a contract is only concluded between CDC and the agency. CDC is not responsible for the drafting of contracts between the agency and its customers. A booking becomes binding when the order is confirmed by CDC. If the required confirmation from the legal guardian, parental declaration or health consent is missing, the booking or the contract with the agency with regard to the participant concerned is conditional upon receipt of the respective declarations and only becomes effective when they are received by CDC.

3. Minimum number of participants

The number of participants in the courses is a minimum of 5 and a maximum of 15. We reserve the right to cancel a group course up to 4 weeks before the start of the course if the minimum number of participants is not reached. The client is then offered a different course location or individual or small group lessons with a reduced volume of lessons at the price of the group course (with 1 to 2 participants: 12 instead of 24 TU per week, with 3 participants: 16 instead of 24 TU per week, with 4 participants 20 instead of 24 TE per week). Otherwise all fees already paid will be reimbursed without deduction. The repayment will only be made to the person or agency who made the payment. Exceptions to this are only possible upon written instruction from the person or agency who made the payment.

4. Entry and Visa

Clients must have the necessary authorizations to enter and stay in Germany, e.g. B. ensure the possession of a required visa independently.

If a client demonstrably does not receive the required visa for a stay in Germany through no fault of his own, he can withdraw from the course before the start of the course for a processing fee of 150 €. CDC's right to reimbursement of further fees and costs incurred in accordance with these GTC remains unaffected.

5. Insurance

Each client must be able to present liability, accident and health insurance that is valid for Germany at the time of entry. Such insurance can be taken out or brokered through CDC on request. The client is also expressly recommended to take out travel cancellation insurance, travel health insurance and insurance to cover the costs of repatriation in the event of illness or an accident.

6. CDC Services

The scope of all services results from the currently valid offers and any associated service descriptions.

Classes usually take place in the mornings. However, if the workload is high, lessons can also be held in the afternoon. If the lessons overlap with leisure activities offered at the same time, this does not give rise to any entitlement to a replacement for the leisure program. A training unit (TE) lasts 45 minutes. Classes take place from Monday to Friday.

There are no lessons on public holidays, which are mentioned in the currently valid price list. Individual lessons, on the other hand, are prepared in advance or made up for.

Changes of teachers are always permitted.
Success in learning or teaching cannot be guaranteed.

Accommodation brokered by CDC are private apartments, dormitories or apartments. Arrivals usually take place on Sundays in the afternoon, and departures on Saturdays in the morning. The accommodations are located at the course location or in the immediate vicinity. Our schools can be reached within 60 minutes by public transport.

Please note: The classrooms and accommodation are generally not barrier-free.

7. Prices and other costs

Only the currently valid price list is binding for the prices of all services.

If the university placement service has been booked, additional costs may arise for this (e.g. third-party fees for certification, translations, processing fees) that are not included in the price. CDC can demand these costs from the client in addition and in advance.

Furthermore, in accordance with these terms and conditions, CDC applies additional costs to booking changes, refunds and payments via PayPal.

8. Terms of Payment and Payments

In principle, the client receives an invoice together with the order confirmation. CDC invoices are issued in euros (€) and are due immediately.

For services booked with a duration of max. 3 months, the full fee is to be paid in one payment; For booked services with a longer duration, the fee for the first 3 months, as shown in the invoice, is to be paid. Payment must be received in the CDC account specified in the order confirmation / invoice no later than 4 weeks before the start of the course. For bookings with a duration of more than 3 months, the fee must be paid monthly from the 4th month in the amount of the partial amounts shown on the invoice. The monthly installments must be received by the 15th of the previous month at the latest on the CDC account specified in the order confirmation / invoice.

Payments are to be made by bank transfer no later than 4 weeks before the start of the course, or immediately in the case of a later booking, to the CDC account specified in the order confirmation / invoice. Payment by PayPal (for a fee of € 10) and cash are also possible within the same payment deadlines.

Detailed information on the course, accommodation and other booked services will only follow after CDC has received full payment.

Please note: Without full payment of all invoice amounts due, there is no entitlement to receipt of the booked services.

9. Change of booking

A free change of booked services is only possible in favor of a higher quality offer. Any other change to a booking is possible up to 2 weeks before the start of the course for a processing fee of € 50. A later change to the booking is only possible through withdrawal / revocation in accordance with these terms and conditions and simultaneous new registration.

10. Right of withdrawal

Clients are entitled to a right of cancellation in accordance with the cancellation policy printed at the end, if

  • they are consumers within the meaning of § 13 BGB,
  • the booking directly to CDC, d. H. not through an agency, and
  • using means of distance communication (such as letter, fax, e-mail, online booking, telephone) or outside of CDC's business premises or the client was addressed personally by CDC outside of the business premises.

11. Right of withdrawal

After the cancellation period has expired, clients are granted a contractual right to withdraw under the conditions of this number. To withdraw from the contract, at least one declaration in text form (e.g. email) is required.

Before the start of the course, it is possible to withdraw from a complete course (total of course, accommodation, other booked services) for the following fees. If you withdraw up to 31 days before the start of the course, a processing fee of € 150 will be charged. Up to 15 days before the start of the course, the cancellation fee is 30% of the total course fee (including the cost of accommodation and other services), but at least € 150. If you withdraw within 14 days before the start of the course, 50% of the total course fee (including the cost of accommodation and other services) is due, but at least € 150.

Please note: In the event of a no-show, all costs will be charged in full.

If the university placement service has been booked and the client withdraws before the start of the course, an extra processing fee of € 150 will be due, plus any costs incurred (e.g. third-party fees).
Withdrawal from exams is free of charge up to the registration deadline.

The day of the start of the course is the date of the start of the course specified in the order confirmation / invoice.

In the event of withdrawal, amounts already paid, minus any processing fees and costs incurred, will be reimbursed by CDC. The repayment will only be made to the person or agency who made the payment. Exceptions to this are only possible upon written instruction from the person or agency who made the payment.

12. Notification of arrival time

Clients who have booked accommodation must notify CDC of their arrival time at least one week prior to arrival. When booking private accommodation, the host must also be informed accordingly. If the host does not provide this information, there is no guarantee that the host will be at home on arrival.

13. Misconduct

Impeccable and disciplined behavior towards landlords, roommates, other course participants and all CDC employees is expected from all clients. In the event of gross violations of applicable rules, customs or school or house rules, CDC reserves the right to terminate the contract without notice. In the event of undisciplined behavior, as well as violations of German law (e.g. theft, drug abuse, property and personal damage, illegal downloads), CDC reserves the right to exclude clients directly from the course or program. The cost of early departure is borne by the client or his / her legal guardian. CDC will not issue a refund.

14. Duty of supervision and due diligence

Every registration of underage clients requires a parental declaration signed by the legal guardian. Apart from the services booked, CDC does not assume any duties of supervision or due diligence for clients who are of legal age or under age. In particular, employees, hosts of private accommodation, supervisors and other vicarious agents of CDC cannot guarantee comprehensive supervision of underage clients. If the behavior of a client gives cause for concern, CDC's duty is limited to immediately notifying the legal guardian.

15. Missed classes

If the client is prevented from attending classes due to illness or otherwise through no fault of their own, he must inform CDC in advance of his absence. A one-to-one training can only be canceled up to 24 hours before the start of the training or, in the case of Monday dates, up to 12:00 noon on the previous Friday. If the information is given in good time, missed lessons will be prepared or reworked or otherwise credited and can then be added at the end of the course or made up for within six months. After that, the credit expires. If the client interrupts the university placement service before CDC has carried out all applications owed, it can request within one year that the remaining applications are made up at an institute of equal standing. In addition, a credit, recovery or reimbursement of booked services, as well as a crediting of saved expenses or other uses made or omitted, is excluded. CDC's entitlement to payment of the entire price is retained in any case.

16. Cancellation of classes

Lessons that are lost will be prepared or reworked or credited to the client and can then be added to the end of the course or made up for within six months.

If lessons have to be canceled for a maximum of one day of the course due to illness of the lecturer or otherwise through no fault of their own, CDC retains the right to the entire price.

17. Defects

It is the responsibility of the client to notify CDC immediately of any defect that has occurred. No claims can be made without notification in good time. CDC then has a reasonable period of time to remedy the situation. If CDC does not remedy the defect within this period or if it is unsuccessful and if no equivalent replacement service is provided, the client can extraordinarily terminate the services concerned and demand compensation for any damage incurred. There is no need to wait for the deadline if it is impossible to remedy the situation or if CDC seriously and definitively refuses.

All claims due to defects become statute-barred after one year from the day on which the services should end according to the contract.

18. Force Majeure

If the course is canceled due to force majeure, or if CDC is unable to provide the service or if it is not free from defects, all of the performance obligations concerned are temporarily deferred. CDC is entitled to remedy the situation with a reasonable replacement service. The replacement of face-to-face lessons with an equivalent online course is considered reasonable during the influence of force majeure. Likewise, during the influence of force majeure, a credit for booked services, which can be redeemed for at least three years after the removal of the impediment to performance or the defect, is considered reasonable. If the impediment to performance or the defect due to force majeure persists for more than two weeks without CDC providing a reasonable replacement service, the client can extraordinarily terminate the service concerned. If the impediment to performance or the defect persists for more than six months, the client can extraordinarily terminate the affected service despite a reasonable replacement service. CDC's entitlement to payment of the entire price is retained through reasonable compensation.

If CDC informs the client immediately about the occurrence of the impediment to performance or the defect due to force majeure, CDC is not liable for any damage that occurs as a result.

Force majeure means unusual and unforeseeable events over which the party invoking force majeure has no influence and the consequences of which could not have been avoided despite exercising the necessary care. Examples are epidemics, earthquakes, terrorist attacks, mandatory state measures to combat crises, uprisings, wars or civil wars.

19. Termination of Services

Services end at the end of their term if they are not terminated for cause.

Each party is only allowed to terminate booked services without notice for an important reason. An important reason exists if, on the basis of facts, the terminating party, taking into account all the circumstances of the individual case and weighing the interests of both parties to the contract, cannot be expected to continue until the agreed termination of the services.The termination can only take place within two weeks from the point in time at which the person entitled to terminate becomes aware of the facts relevant for the termination.

In any case, the use of forged documents / certificates and all cases expressly mentioned in these terms and conditions are considered important reasons.

At least one declaration in text form (e.g. e-mail) that shows the reason for the termination is always required for termination.

The right to claim damages is not excluded by the termination.

In the event of an effective termination, CDC will reimburse amounts already paid for services not yet provided, possibly less necessary expenses, expenses or damages. The repayment will only be made to the person or agency who made the payment. Exceptions to this are only possible upon written instruction from the person or agency who made the payment.

20. CDC's Liability

CDC is always fully liable for injuries to life, limb or health if these are caused by the fault of CDC, its representatives or vicarious agents. Otherwise, CDC is only liable in the event of willful intent and gross negligence, also with regard to its representatives and vicarious agents, unless there is a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the client regularly relies.

CDC can take recourse if it is made liable for damage caused by clients. CDC assumes no liability for the loss of personal items from clients.

21. Client's liability and security deposit

For damages of all kinds caused by a client, the client is personally liable to the injured party in accordance with the statutory provisions. Clients with accommodation in dormitories and sometimes also with host families must deposit a security deposit at the latest when moving in. In the event of damage, CDC will pay this to the injured party to settle their claims for damages against the client. Any further claims of the injured party remain and will be invoiced to the client. If there is no damage, the deposit will be fully refunded on departure.

22. Final provisions

Ancillary agreements to this contract require at least text form (e.g. e-mail) to be effective.
The contractual relationship is subject to German law.

The place of jurisdiction is Cologne if the client is a merchant, legal entity under public law or special fund under public law or has no general place of jurisdiction in Germany or Cologne is its general or special place of jurisdiction.

RIGHT OF WITHDRAWAL

Right of withdrawal

You have the right to withdraw from this contract within 14 days from the date of the conclusion of the contract without giving any reason. In order to exercise your right of withdrawal, you must send a clear declaration to us (Carl Duisberg Centren non-profit GmbH, Hansaring 49-51, 50670 Cologne; email: [email protected]) (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

[Sample withdrawal form]

To meet the cancellation deadline, it is sufficient for you to send the declaration of cancellation before the cancellation period has expired.

Consequences of withdrawal

If you withdraw from this contract, we must repay all payments we have received from you, including any delivery costs, immediately and at the latest within 14 days from the day on which we received your declaration of withdrawal. The same means of payment will be used for this repayment that was used in the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.

If you have requested that the services should begin during the cancellation period and if you cancel after the services have started, you must pay us a reasonable amount. The amount corresponds to the proportion of the services already provided up to the point in time at which you inform us of your revocation compared to the total scope of the services provided in the contract.

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