Terms And
GENERAL CONDITIONS
- Scope, course concept
We, the Seminar for Advanced English Studies ("seas"), offer intensive English courses in Oxford and Cambridge for pupils and high school graduates ("pupils") who prepare for upcoming final examinations and international qualifications (Abitur preparation, intermediate and upper secondary school preparation and International Baccalaureate).
Our seas course concept includes an English study program for students with the aim of intensively promoting the individual's personal language skills. This is achieved during lessons and their free time which are both set in a cultural context, helping to prepare them for upcoming final exams. In order to enable lively language teaching, students spend their exam preparation time during the course directly in England, surrounded by native speakers. Here they live in traditional English colleges and boarding schools, or in English host families for the duration of the course. This integration of them into English culture, we believe, is the most effective way of learning the language and improving their speech. Language is taught theoretically and practically all day long as part of our saes learning concept. Our course program includes full-day courses with around 20-40 hours per week plus exams and workshops which take place in the form of small groups and/or individual lessons. Additionally, saes offers a language-promoting sports and leisure program by our trained saes teachers, as well as accommodation including meals and continuous supervision for the implementation of the course.
Our saes course offering does not meet the criteria of a package tour in the sense of package travel law. Our language course, which is recognised as an educational event, does not represent a tourist service, but rather an academic learning and educational offering aimed at a final examination provided as a service. The accommodation provided for the students during the course, which makes it possible to carry out the course, is part of our continuous all-day learning concept and offers the students their centre of life throughout the program.
These terms and conditions, which constitute the content and basis for participation in a course, apply exclusively to all of our course offerings. These terms and conditions also apply if a course takes place as an online alternative in accordance with section 8.
2. Registration, conclusion of contract
Registration can be made verbally, in writing, by email, fax or post. We recommend using the registration forms on the saes website (https://saes.info) (registration form, course planning, student profile) and sending them to us by email or using the online booking tool on our saes website. The electronic registration process when using the online booking tool is explained there. It is possible to correct individual or all entries at any time. A "Continue" button takes you to enter your personal data and select your payment options. Before clicking on "book bindingly and with a fee", you have the opportunity to check and correct all details. The booking can be cancelled at any time. A binding registration takes place after reference to these terms and conditions by clicking on "book bindingly with a fee", which is confirmed electronically. The electronic confirmation only confirms receipt of the online registration and not acceptance of the course.
The student's registration represents a binding offer to participate in the course. When registering underage students, the signature of a legal guardian is required. When minors register online, a written consent form from the legal guardian must be enclosed, which must also be sent in the original by post so that we can accept the registration as binding. The student's registration takes place on the basis of the course offers contained in our registration forms and with the acceptance of these contractual conditions.
We accept the registration by sending a registration confirmation to the student or their legal representative on a permanent data medium (e.g. via email), which makes the contract for participation in the course binding. The student or their legal representative must immediately check the accuracy of the information contained in the registration documents and inform us of any errors immediately.
3. Minimum number of participants
All of our courses have a minimum of 20 students per week.
4. Rights of termination and withdrawal, no right of revocation
The student is entitled to the statutory rights of withdrawel and termination.
If a contract in concluded where the student submits his contractual declaration via email, telephone or online, the student has no right of withdrawal under distance selling law according to Section 312g Paragraph 2 No. 9 of the German Civil Code (BGB), because the service we provide requires a specific period of time which requires the provision of capacity. However, the contract can be revoked in exceptional cases if the contract was concluded with the simultaneous presence of the contracting parties outside of business premises (e.g. at a trade fair).
in addition, the student has the contractual rights of withdrawal in accordance with these contractual conditions pursuant to Section 10.
5. Scope of services, contractual obligations, student's duty to cooperate
Our scope of services is determined by the individual agreements made during registration. Our course program includes full-day courses of around 20-40 hours per week plus exams and workshops, which take place in the form of small groups and/or additional individual lessons, as well as language-enhancing sports and leisure programs by our trained saes teachers, as well as accommodation for the course, including meals, and continuous supervision.
We undertake to ensure the course is conducted properly, that appropriate accommodation is provided and that the student is able to attend the course regularly.
A specific result is not owed. In particular, we are not obliged to ensure that you pass the upcoming final examination or achieve a desired final grade, or any economic, linguistic or other success.
The student undertakes to participate in the course and to arrive at the course location on time. The student will study the course content independently and conscientiously. Passing the intended exam is the sole responsibility of the student.
If an online course is agreed in accordance with Section 8, we will endeavour within the scope of technical possibilities, to ensure that the course is transmitted and runs as consistently and smoothly as possible. However, we cannot guarantee continuous availability of the platform and the Internet. In this respect, we do not guarantee error-free and uninterrupted transmission of the course, nor freedom from disruption in relation to power outages, connection problems or impairments due to maintenance, capacity exceedances or security issues.
If an alternative online course is agreed, the student is responsible for ensuring a constant internet connection, functioning access to the platform and available and accessible technical equipment in order to participate in the course.
6. Payment method
Upon receipt of the invoice, the student pays a deposit of 35% of the total price, which is due within seven days of the invoice date and will be credited towards the total price. The remaining amount is due four weeks before the contractually agreed start of the course. If registration is less than four weeks before the contractually agreed start of the course, the total amount is due immediately upon receipt of the registration confirmation and the invoice.
If the student defaults on payment after the due date, reminder, and setting of the deadline, we are entitled to withdraw the contract and change the student cancellation costs, the amount which is based on the cancellation fees in accordance with Section 10. This does not apply if we ourselves are not willing or able to properly provide the contractually agreed service or if the student has a legal or contractual right of retention.
In cases where compensation is to be paid in accordance with clause 10 following withdrawal by the student, this compensation will be offset against the deposit. Any differences are due immediately after the invoice is issued.
7. Student's requests for changes
We are happy to accommodate student requests for changes, e.g. regarding course dates, course locations, accommodation or additional courses, where possible with additional costs. However, there is no entitlement to the implementation of requested changes. If additional costs are incurred due to the change (e.g. additional private lessons), you will receive a separate offer for this, to which we are bound for a period of 10 days. The amended contract is concluded on the basis of this new offer if we have informed the student of the change in the new offer and the student or their legal representative has confirmed this within the binding period by expressly declaring acceptance or has made the deposit. Otherwise, the original registration remains.
8. Performance changes due to saes
The scope of services is determined by the agreements made during registration in accordance with Section 5. We try to avoid changes after the contract has been concluded. However, in the event of unforeseeable changes, we reserve the right to make non-detrimental and reasonable changes to services that serve to maintain the course, for example changing a teacher who has already been promised, classrooms or timetables that have already been communicated, changing a course format or accommodation option. In any case, we will ensure that our usual saes course quality is not affected by this.
Special regulations for service changes during Corona times:
If a course in England is not possible due to Corona measures, we will offer the course with the same saes quality in Germany with the same speakers. In this case, the costs for lessons, effort and materials are not reduced. However, the costs for accommodation are reduced, as boarding schools in Germany are cheaper than in England. We will correct the invoice or refund any difference already paid.
If a face-to-face course in Germany is not possible, we will offer the course online. In this case, the costs for lessons, effort and materials will not be reduced. The costs for accommodation and leisure activities will be waived completely. We will correct the invoice or refund any difference already paid. If the online alternative is not desired, the student can postpone the booked course to a later date or cancel it free of charge. We will refund any payments already received promptly.
In your own interest, we recommend that you wait to book flights or trains until a reliable forecast can be made about the course of events.
9. No or only partial use of services
If the student does not attend individual services or course units for reasons that are solely attributable to the student (e.g. illness or inability to attend) and are not our responsibility, there is no entitlement to a pro rata refund of payments, provided that we have offered the course properly.
10. Withdrawal from the language course, compensation
The student can withdraw from the contract at any time before the start of the language course.
If the student withdraws from the contract before the course begins or does not attend the course, we lose the right to the agreed course fee. However, we can demand appropriate compensation for the arrangements and our expenses, provided that we are not responsible for the student's withdrawal.
The amount of compensation to be paid by the student is based on the total course price minus the value of our saved costs and minus what we earn through other use of service. We recommend declaring the cancellation in writing or by email. The compensation is calculated based on the time of receipt of the cancellation notice and the start of the course as a percentage of the total price as follows:
From the date of registration until 30 days before the start of the course, 35% of the total price will be charged.
From the 29th to the 15th day before the start of the course, 50% of the total price will be charged.
In case of cancellation from 14 days before the start of the course or in case of no-show, 85% of the total price will be charged.
The student is of course always entitled to prove that we have incurred no or lower costs. We also reserve the right to demand a higher, individually calculated compensation instead of the above-mentioned flat rates if we can prove that we have incurred significantly higher expenses than the applicable flat rate. In this case, we are obliged to specifically quantify and document the compensation demanded, taking into account the expenses saved and less what we earn through other use of the service.
The student is not granted any further contractual rights of withdrawal.
If the minimum number of participants is not reached in accordance with Section 3, we are entitled to cancel the course without replacement or compensation. We will inform the student of this as soon as it becomes apparent that the minimum number of participants cannot be reached. Payments already made will be refunded promptly, unless the student wishes to participate in another equivalent course for which we can offer capacity. In this case, the payments made will be offset against the replacement course.
11. Termination
The student has the statutory rights of termination. The student is not granted any further contractual rights of termination. The right to termination for good cause remains unaffected for both parties. We recommend declaring termination in writing or by email. Services provided up to the time of termination are to be paid for pro rata.
12. Defects in performance
If in exceptional circumstances, our services do not meet the expectations of the student, we ask that you inform us accordingly. We reserve the right to remedy the defect by making improvements or subsequent performance, which we will do within a reasonable period of time set by the student. If the defect cannot be remedied despite two attempts, the student has the statutory warranty rights provided that the defect in performance is not insignificant.
13. Liability, limitation of liability
We are liable without limitation for intentional and grossly negligent breaches of duty. We are also liable without limitation for damages due to injury to life, body or health. In the case of slightly negligent breaches of duty, our liability is limited to the breach of essential contractual obligations and to foreseeable and contract-typical damage. This also applies to slightly negligent breaches of duty by our representatives and vicarious agents.
14. Reference to complaint procedures via online dispute resolution
We refer to the European Commission's platform for online dispute resolution (OS) for consumers: https://ec.europa.eu/consumers/odr. We do not participate in a voluntary dispute resolution procedure before a consumer arbitration board and are not obliged to do so.
15. Data protection
Personal data that the participant makes available to us will be processed and used electronically to the extent that it is necessary to execute the contract. All personal data will be processed in accordance with the applicable data protection regulations. Further information on how we handle personal data can be found in our privacy policy at: https://saes.info/service/privacy-policy.
16. Applicable law, final provisions
This contractual relationship, including the form of its formation and all rights and obligations arising from it, is subject to German law. Mandatory protective provisions of the state in which the student has his or her habitual residence remain applicable.
Should individual provisions of this agreement be invalid or unenforceable in whole or in part, this shall not affect the validity of the remainder of this agreement.
17. Recognised institution
The Ministry of Education in Brandenburg has certified that saes courses properly prepare students for a profession or for an examination to be taken before a legal entity under public law.
Kind regards,
Vanessa Muth
s-a-e-s
