Terms and Conditions

(1) These General Terms and Conditions of Participation and Payment apply to participation in the language courses, educational programs, and language exams (hereinafter: “Participants”) offered and conducted by Alpha Aktiv Privates Bildungsinstitut, Hans-Böckler-Straße 2, 69115 Heidelberg, Germany (hereinafter: Alpha Aktiv). The prices and course content/learning objectives are specified in detail in the price lists and course brochures. The terms and conditions for booking and renting accommodations are governed by the separate rental terms and conditions.

(2) If the participant is a business operator within the meaning of § 310(1) of the German Civil Code (BGB), i.e., if they are acting in the course of their commercial or self-employed professional activity, or if they are a legal entity under public law or a special fund under public law, any conflicting terms and conditions of such Participants shall expressly not apply, unless Alpha Aktiv expressly agrees to their validity in writing.

With regard to language instruction and language exams, your contractual partner is:

Alpha Aktiv Private Educational Institute 

Ms. Beata Drogi 

Hans-Böckler-Straße 2 

69115 Heidelberg, Germany

(1) A participant may engage Alpha Aktiv to provide various face-to-face instruction services and additional services in accordance with these General Terms and Conditions. The participant then acts as a “consumer” in the legal sense, provided that the purpose of the agreed-upon services cannot be attributed predominantly to the participant’s commercial or self-employed professional activity. Conversely, the participant is considered an “entrepreneur” if, at the time of concluding the contract, he or she is acting in the course of his or her commercial or self-employed professional activity.

(2) Participants required to obtain a visa within the meaning of these terms and conditions are those who need an entry and residence permit (visa) to enter and stay in the Federal Republic of Germany and who, for this purpose, require a so-called letter of invitation / certificate of participation from Alpha Aktiv in its capacity as a language school and who receive this document from Alpha Aktiv after the contract is concluded for submission to the competent authority.

(1) Alpha Aktiv offers group language classes with at least 4 participants, as well as group language classes with at least 4 participants combined with individual language lessons, and individual language lessons. The courses are offered with the number of class hours and prices specified in the registration forms. Details regarding the number of hours per course, as well as individual lesson options and course content, are provided in the registration forms and the course brochure.

(2) One class period lasts 45 minutes.

(3) The minimum number of participants for group courses is four (4). 

(4) If a course with fewer than 4 participants takes place after consultation with the participants, the number of class hours will be reduced: with 3 participants, the number of class hours specified in the registration forms will be reduced by 25%; with 2 participants, the number of class hours will be reduced by 50%.

(5) No classes are held on weekends or on public holidays. These classes will not be made up, and there is no entitlement to a pro-rata refund.

(6) The participant’s initial placement is based on the proficiency level indicated by the participant on the registration forms. The participant may have their placement verified through proficiency placement tests at Alpha Aktiv. Alpha Aktiv recommends placement via the proficiency placement test. 

(7) Alpha Aktiv may, in principle, assign a different instructor at its reasonable discretion (§ 315 BGB). There is no entitlement to a specific instructor. This does not apply if there is a written individual agreement with the participant regarding the assignment of a specific instructor. 

(8) Lessons are generally held on weekdays (Monday through Friday between 8:00 a.m. and 6:00 p.m.), unless otherwise agreed upon with the participant(s). 

(9) Scheduled private lessons must be canceled at least 24 hours before the start of the lesson if the participant is unable to attend.

(10) The course fees listed on the registration forms generally do not include teaching materials, writing supplies, examination fees for taking exams, costs for additional services, or accommodation costs, unless this is explicitly stated (e.g., for summer courses).

(1) Participants may use the registration form to inquire with Alpha Aktiv about the availability of the additional services listed on the registration forms in connection with the language courses.

(2) The terms and conditions for booking and renting accommodations are set forth in the separate rental terms and conditions.

(1) Participants may register directly with Alpha Aktiv for language exams with external certification (telc, TOEFL®, TOEIC®, TFI, WiDaF, TestDaF) as well as for proficiency assessments, in addition to language courses. Prices and registration deadlines for the exams are listed in the price lists and registration forms.

(2) If a participant wishes to take an externally certified language exam (telc, TOEFL®, TOEIC®, TFI, WiDaF, TestDaF), the participant must generally observe the following registration deadlines and payment deadlines:

• TOEFL®, TOEIC®, TFI, WiDaF: 2 weeks before the test date (registration and test fees must be received by Alpha Aktiv)
• telc: 3 weeks before the test date (registration and test fees must be received by Alpha Aktiv)
• TestDaF: on the test date (registration and test fees must be received by Alpha Aktiv) 

The participant agrees to

  a. comply with the rules and regulations at the course location, in particular not to disrupt classes, to treat equipment and facilities with care, and to follow the instructions of Alpha Aktiv staff within the scope of the course location’s right to manage its premises; 

  b. to comply with legal regulations at the course location, in particular (but not limited to) the entry and residence requirements when using a visa or other residence permit; 

  c. to notify Alpha Aktiv immediately in the event of illness or any other circumstance preventing the participant from attending booked courses; 

  d. to inform Alpha Aktiv immediately, upon presentation of the relevant official documents, if the visa or other residence permit applied for by the participant has not been granted, or if the participant is unable to enter the Federal Republic of Germany, or if the participant, upon presentation of the language school’sinvitation from Alpha Aktiv;

  e. to cover their own medical, living, and travel expenses for entry into and departure from the country, as well as for the duration of their participation in the courses, and to take out the necessary health and travel insurance for this purpose.

Unless otherwise agreed, the place of performance is Alpha Aktiv's registered office.

(1) The contract is concluded in German. The language of the contract is German.

(2) Translations of these terms and conditions, registration forms, and brochures are provided for informational purposes only. In the event of any discrepancies between the two language versions of the aforementioned documents, the German version shall be the sole authoritative version.

(3) The participant shall submit the completed and signed registration forms as an offer to enter into a contract for in-person instruction with Alpha Aktiv either in person at the office during business hours, by mail, by fax, or by email. It is not possible to submit the registration form via the Alpha Aktiv website.

(4) Upon receipt of the registration form submitted by mail, fax, or email, Alpha Aktiv will confirm receipt of the registration to the participant. This confirmation of receipt does not constitute acceptance of the contract by Alpha Aktiv.

(5) Upon receipt, Alpha Aktiv will review the participant’s registration to ensure it is complete and to verify the availability of course spots and any requested additional services for the course period specified by the participant. The participant has no right to expect Alpha Aktiv to accept the contract offer. 

(6) Alpha Aktiv will separately confirm acceptance of the contract to the participant via email, fax, or mail by sending a registration confirmation to the contact information provided on the registration forms. This constitutes the conclusion of the contract. 

(7) After the contract is concluded, Alpha Aktiv stores the contract text in compliance with data protection regulations.

(8) For contracts concluded through distance selling (including via email, telephone, fax, or by mailing the registration form), the participant, who is a consumer, has a statutory right of withdrawal. Alpha Aktiv provides information about this right and the optional withdrawal form available below in Section 14.

(1) The course fees and registration fees listed in the registration forms in euros (€) apply. 

(2) Alpha Aktiv will send the participant an invoice detailing the total course fees and other services.

(3) The fees for the booked services are due upon receipt of the invoice and no later than 2 weeks after receipt of the invoice.

 (4) Payment is considered timely upon receipt in the Alpha Aktiv account specified on the invoice. When making a bank transfer, the participant’s first and last name must be included as the payment reference.

(5) The participant may pay the invoice amount by bank transfer to the account specified on the invoice or in cash with a receipt during Alpha Aktiv’s business hours.

(6) Alpha Aktiv does not charge any fees for payment methods that exceed the costs incurred by Alpha Aktiv through the use of the payment method. The participant is responsible for any fees charged by the participant’s bank for transfers, such as bank fees charged by the participant’s bank for transfers made by the participant from abroad to Alpha Aktiv.

(7) Alpha Aktiv will not charge the participant any costs for the use of the means of distance communication used to conclude the contract that exceed the costs of the mere use of that means of distance communication. The participant shall bear the costs incurred by him or her for the means of distance communication used.

(8) Alpha Aktiv is exempt from value-added tax, so all prices quoted are exclusive of value-added tax.

(9) If the invoiced fee is not paid or is not paid on time, Alpha Aktiv may refuse to begin and/or continue instruction, as well as to register the participant for exams or allow them to take exams, until the outstanding amounts have been settled.

Alpha Aktiv offers initial course durations ranging from 1 week to a maximum of 24 months, as specified in the registration forms. There is no automatic renewal. Participants indicate on the registration forms how many consecutive weeks of classes they would like to book and during which time period.

(1) A participant who does not require a visa or residence permit may terminate the course contract with regular notice up to 4 weeks (30 days) before the course begins. Any advance payments already made by the participant will be refunded, minus the registration fee of €50 and any additional fees that may apply (such as postage, bank fees, etc.). If cancellation occurs less than 4 weeks (30 days) before the start of the course, neither the course fees nor the accommodation costs will be refunded. The participant’s statutory right of withdrawal (see Section 14) remains unaffected. The participant reserves the right to prove that a fee or damage in the respective amount was not incurred or was significantly lower.

(2) Once the course has begun, cancellation of the course and other services is possible only in the cases provided for by law. The full course fees are due even if the participant does not attend the course.

(3) Cancellation of additional services booked with Alpha Aktiv (e.g., airport transfer) may be made in writing up to 5 business days before the service begins.

 (4) The right of the participant and of Alpha Aktiv to terminate the contract for cause remains unaffected by the foregoing provisions.

(5) Termination of the course contract is effective only if it is made in writing.

(6) If the contract is terminated by the participant without being caused by a breach of contract on the part of Alpha Aktiv, Alpha Aktiv is entitled to payment for the lessons already provided and for those still to be provided in accordance with the contract term until the next termination date, as well as for any additional services already rendered. The participant reserves the right to prove that fees or damages in the respective amount were not incurred or were significantly lower. 

(7) If Alpha Aktiv terminates the contract without good cause, or if the participant terminates it because they were prompted to do so by conduct on the part of Alpha Aktiv that constitutes a breach of contract, Alpha Aktiv shall not be entitled to payment for the lessons still to be provided in accordance with the contract term. Any advance payment for services not yet rendered must be refunded. 

(1) A participant who is required to obtain a visa may terminate the course contract for cause only if the competent authority does not grant the visa necessary for entry into the country to participate in the language course. A participant required to obtain a visa must notify Alpha Aktiv immediately if the authorities have denied the participant a visa. The official denial letter from the embassy will be required.  The participant’s statutory right of withdrawal (see Section 14) remains unaffected. 

(2) Upon notification of visa denial, the participant required to obtain a visa will be charged the following cancellation fees:  administrative costs amounting to 25% of the course fee, up to a maximum of €300, plus a €50 registration fee and any additional fees that may apply (such as postage, bank fees, etc.) The participant reserves the right to prove that costs or damages in the respective amount were not incurred or were incurred in a lesser amount. 

(3) If arrival is postponed due to a visa not yet being issued, and this is notified 4 weeks (30 days) or later prior to the planned arrival, the participant will be charged the following cancellation fees: 4 weeks’ worth of the booked accommodation. The housing placement fees are non-refundable (even in the event of a cancellation or visa denial). 

(4) Once the visa has been issued, after entry into the country, and after the course has begun—provided a visa was obtained specifically for participation in the language course—ordinary termination is excluded, and termination of the contract is possible only in the cases provided for by law. 

(5) After the course begins, termination of the course and other services is possible only in the cases provided for by law. The full course fees are due even if the student does not attend the course.

(6) For participants requiring a visa, Alpha Aktiv also reserves the right—to prevent misuse of Alpha Aktiv’s letters of invitation—to report to the competent authority any premature termination of the course by the participant requiring a visa, whether in the form of termination or non-attendance at the course. 

(7) The right of the participant and Alpha Aktiv to terminate the contract for cause remains unaffected by the foregoing provisions.

(8) Termination of the course contract is effective only if it is made in writing.

(9) Cancellation of additional services booked with Alpha Aktiv (e.g., airport transfer) is possible in writing up to 5 business days before the service begins. 

(1) The consumer has a right of withdrawal for contracts concluded outside of business premises and for distance contracts. 

(2) Contracts concluded off-premises are (including, but not limited to) contracts concluded in the simultaneous physical presence of the consumer and Alpha Aktiv at a location that is not a business premises of Alpha Aktiv. Distance contracts are contracts in which Alpha Aktiv and the consumer use exclusively means of distance communication for contract negotiations and the conclusion of the contract. Means of distance communication include all means of communication that can be used to initiate or conclude a contract without the contracting parties being physically present at the same time, such as letters, catalogs, telephone calls, faxes, emails, messages sent via mobile phone services (SMS), as well as radio and telemedia.

(3) The cancellation policy and the model cancellation form are provided below. The subscriber, as a consumer, may use the model cancellation form below to exercise the right of cancellation; however, this is not mandatory.

(1) Alpha Aktiv is liable under the law for damages resulting from injury to life, limb, or health, as well as for damages caused by Alpha Aktiv’s willful misconduct or gross negligence. 

(2) In the case of a breach of duties due to slight negligence—the fulfillment of which is essential for the proper performance of a contract and on the observance of which the contracting party may regularly rely to a particular degree (material contractual obligations / cardinal obligations), Alpha Aktiv’s liability is limited to foreseeable and typically occurring damages. Otherwise, liability for simple negligence is excluded. Any liability Alpha Aktiv may have under the Product Liability Act or in connection with the assumption of warranties remains unaffected by this provision. 

(3) The foregoing limitations of liability also apply in the event of breaches of duty by Alpha Aktiv’s legal representatives or agents. To the extent that Alpha Aktiv’s liability is excluded under the foregoing provisions, this also applies to the personal liability of Alpha Aktiv’s employees and agents.

(1) Alpha Aktiv is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

(2) German law applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions regarding the limitation of the choice of law and the applicability of mandatory provisions—in particular those of the country in which the participant, as a consumer, has his or her habitual residence—remain unaffected.

(3) For the sake of readability, only the masculine form is used in these General Terms and Conditions. All references to persons apply equally to both genders.

(4) The exclusive place of jurisdiction for disputes arising from or in connection with these General Terms and Conditions is Heidelberg if the participant is a merchant, a legal entity under public law, or a special fund under public law, or if the participant does not have a general place of jurisdiction in Germany. However, Alpha Aktiv reserves the right to bring legal action against a participant who does not (or no longer) have a general place of jurisdiction in Germany before the courts that would otherwise have jurisdiction. In all other cases, Alpha Aktiv or the participant may file a lawsuit before any court with jurisdiction under statutory provisions.

(5) Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. In such a case, Alpha Aktiv and the participant are obligated to cooperate in drafting provisions that legally achieve a result as close as possible, in economic terms, to that of the invalid provision. The foregoing applies accordingly to the filling of any contractual gaps.

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date the contract was concluded.

To exercise your right of withdrawal, you must notify us (Alpha Aktiv Privates Bildungsinstitut, Ms. Beata Drogi, Hans-Böckler-Straße 2, 69115 Heidelberg, Germany, 06221 5880270; info@alpha-heidelberg.de) by means of a clear statement (e.g., a letter sent by mail, fax, or email) regarding your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, though its use is not mandatory. 

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we must refund to you all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option we offer), without undue delay and no later than fourteen days from the day on which we receive notice of your withdrawal from this contract. We will use the same payment method for this refund that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund.

If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of your exercise of the right of withdrawal with respect to this contract, compared to the total scope of the services provided for in the contract.