Terms and conditions

1. Scope

(1) These general terms and conditions of participation and payment apply to participation in the language courses, educational measures and language exams (hereinafter referred to as: Attendees). The prices and course content / learning objectives result in detail from the price lists and course brochures. The conditions for booking and renting accommodation are regulated in the separate rental conditions.

(2) If the participant is an entrepreneur i.S. from § 310 Abs. 1 BGB, i.e. if he is exercising his commercial or independent professional activity, or if he is a legal person under public law or special fund under public law, conflicting terms and conditions of these participants expressly do not apply unless Alpha Aktiv expressly agrees to their validity in writing.

2. Your contractual partner

With regard to language teaching and language tests, your contractual partner is:

Alpha Aktiv Privates Bildungsinstitut

Frau Beata Drogi

Hans-Böckler-Straße 2

69115 Heidelberg, Deutschland

3. Participant

(1) A participant can commission Alpha Aktiv to provide various direct tuition services and additional services in accordance with these terms and conditions. The participant then acts as a “consumer” in the legal sense, insofar as the purpose of the agreed services cannot be attributed predominantly to his commercial or independent professional activity. On the other hand, the participant is then an “entrepreneur” if, when concluding the contract, he is exercising his commercial or independent professional activity.

(2) Participants requiring a visa within the meaning of these conditions are those participants who require an entry and residence permit (visa) for entry into and stay in the Federal Republic of Germany and a so-called letter of invitation / certificate of attendance from Alpha Aktiv in their function as Language school and receive this letter from Alpha Aktiv for submission to the competent authority after the contract is concluded.

4. Service content language courses

(1) Alpha Aktiv offers group language lessons with at least 4 participants as well as group language lessons with at least 4 participants in connection with individual language lessons and separate individual language lessons. The courses are offered with the number of lessons and prices specified in the registration forms. The details of the number of hours per course as well as individual course options and the course content can be found in the registration forms and the course brochure.

(2) One lesson 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 lessons is reduced so that with 3 participants the number of lessons in the registration forms is reduced by 25%, with 2 participants it is reduced Number of lessons by 50%.

(5) The participant's initial classification is based on the performance level specified by the participant in the registration forms. The participant can have the placement checked by means of performance placement tests at Alpha Aktiv. Alpha Aktiv recommends grading using the performance placement test.

(6) Alpha Aktiv can generally order a change of teacher at its due discretion (Section 315 BGB). There is no entitlement to the assignment of a specific teacher. This does not apply if there is a written individual agreement with the participant about the obligation of a specific teacher.

(7) Lessons are generally given on working days (Monday to Friday between 8:00 a.m. and 6:00 p.m., unless otherwise agreed with the participant.

(8) Agreed individual lessons must be cancelled at least 24 hours before the start of the lesson if the participant is unable to attend the lesson.

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

5. Content of additional Services

(1) The participant can use the registration form to inquire about the availability of the additional services specified in the registration forms at Alpha Aktiv in connection with the language courses.

(2) The conditions for booking and renting accommodation are regulated in the separate rental conditions.

6. Participation in language exams

(1) The participant can book the participation in language exams with external certification (telc, TOEFL ®, TOEIC®, TFI, WiDaF, TestDaF) as well as participation in performance tests directly from Alpha Aktiv in addition to the language courses. Prices and registration dates for the exams can be found in the price lists and registration forms.

(2) If the participant wants to take an exam with external certification (telc, TOEFL®, TOEIC®, TFI, WiDaF, TestDaF), the participant must always observe the following registration and payment deadlines:

• TOEFL®, TOEIC®, TFI, WiDaF: 2 weeks before the test date (receipt of registration and test fees at Alpha Aktiv)
• telc: 3 weeks before the test date (receipt of registration and test fees at Alpha Aktiv)
• TestDaF: on the test day (receipt of registration and test fees at Alpha Aktiv)

7. Obligations of the participant

The participant undertakes

1. to observe the house rules at the course location, in particular not to disturb the lesson, to treat devices and facilities with care and to follow the instructions of the Alpha Aktiv employees within the framework of the house rules of the course location;
2. to observe legal regulations at the course location, in particular (but not exhaustively) to comply with the entry and residence conditions when using a visa or other residence permit;
3. to inform Alpha Aktiv immediately if the participant is ill or is otherwise unable to participate in a booked course;
4. Inform Alpha Aktiv immediately by presenting the official documents if the visa or other residence permit applied for by the participant has not been granted or the participant cannot enter the Federal Republic of Germany or the participant does not have a visa upon presentation of the Alpha Aktiv language school invitation will request more;
5. Pay for your own health, maintenance and travel costs for entry and exit as well as the duration of participation in the courses and take out the necessary health and travel insurance for this.

8. Place of performance

The place of performance is Alpha Aktiv's registered office unless otherwise agreed.

9. 9. Registration / conclusion of contract

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

(2) Translations of these terms and conditions, registration forms and brochures are for guidance only. In the event of divergences between two language versions of the aforementioned documents, the German version alone is authoritative.

(3) The participant submits the completed registration forms and signs as an offer to conclude the direct instruction contract with Alpha Aktiv either in person during business hours in the office, by post or by fax

or by email. It is not possible to submit the registration form via the Alpha Aktiv website.

(4) Alpha Aktiv will confirm receipt of the registration to the participant when submitting the registration form by post, fax or email. This confirmation of receipt does not constitute an acceptance of the contract by Alpha Aktiv.

(5) Alpha Aktiv will check the participant's registration upon receipt for completeness and availability of course places and any additional services requested for the course period specified by the participant. The participant is not entitled to acceptance of the contract offer by Alpha Aktiv.

(6) Alpha Aktiv will separately confirm the acceptance of the contract to the participant by email, fax or post by sending a confirmation of registration to the contact details given in the registration forms. This is how the contract is concluded.

(7) Alpha Aktiv saves the contract text after the contract is concluded in compliance with data protection regulations.

(8) In the case of distance selling contracts (including by e-mail, by telephone, by fax, by sending the registration form by post), the participant who is a consumer has a statutory right of withdrawal. Alpha Aktiv provides information about this right and the optionally available cancellation form below under no. 14^th

10. Prices and terms of payment

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

(2) Alpha Aktiv will send an invoice to the participant informing him/her of the total course fees and other services due.

(3) The fees for the booked services are payable on the receipt of the invoice and at least 2 weeks after receipt of the invoice.

(4) The receipt on the Alpha Aktiv account specified on the invoice is decisive for the timeliness of payment. When making the transfer, the first and last name of the participant must be given as the purpose.

(5) The participant can pay the invoice amount by transfer to the account specified on the invoice or in cash against a receipt during Alpha Aktiv's business hours.

(6) Alpha Aktiv does not charge any fees for means of payment that go beyond the costs Alpha Aktiv incurs through the use of the means of payment. Fees paid by the participant's bank for their transfers, such as bank fees from the participant's bank for the participant's transfers from abroad to Alpha Akti,  are borne by the participant.

(7) Alpha Aktiv will not charge the participant any costs for the use of the means of distance communication used to conclude the contract, which go beyond the costs for the mere use of the means of distance communication. The participant bears the costs incurred for the means of distance communication used by him.

(8) Alpha Aktiv is exempt from sales tax so that all prices quoted do not include sales tax.

(9) If the invoiced fee is not paid or not paid on time, Alpha Aktiv can refuse to start and / or continue the course as well as to register for and present exams until the claims have been settled.

11. Contract term

Alpha Aktiv offers the initial course duration specified in the registration forms between 1 week and a maximum of 24 months. There is no automatic renewal. In the registration forms, the participant specifies how many course weeks he would like to book consecutively in which period.

12. Termination

(Contract with participants who do not require a visa)

(1) Ordinary termination of the teaching contract by the participant who does not require a visa/residence permit is possible up to 4 weeks (30 days) before the start of the course. Any advanced payments already made by the participant will be returned minus the registration fees of 50€ and any extra fees incurred (such as postage costs, bank charges, etc.). If the termination occurs less than 4 weeks (30 days) before the course starts, there will be no refund for both, the course fees and accommodation fees.

The participant's statutory right of cancellation (see section 14) remains unaffected. The participant reserves the right to prove that a fee or damage in the respective amount has not been incurred or has been significantly lower.

(2) After the course has begun, the termination of the course and the other services is only possible in cases specified by the law. Even in the event of non-participation in the course, the full course fees are to be paid.  

 (3) The cancellation of additional services booked with Alpha Aktiv (e.g. airport transfer) is possible in writing up to 5 working days before the start of the service.

 (4) The right of the participant and Alpha Aktiv to extraordinary termination remains unaffected by the above provisions.

(5) A termination of the teaching contract is only effective if it is given in text form.

(6) If the contract is terminated by the participant without being caused by a breach of contract by Alpha Aktiv, Alpha Aktiv is entitled to the remuneration for the rendered and for the acc. Contract period until the next possibility of termination, lessons still to be provided and the additional services already provided. The participant reserves the right to prove that a fee or damage in the respective amount was not incurred or was much lower.

(7) If Alpha Aktiv cancels without good cause or the participant, because he was prompted to do so by a breach of contract by Alpha Aktiv, Alpha Aktiv stands for the general duration of the contract does not apply to the lessons to be provided. An advance payment for services not yet provided is to be reimbursed.

13. Termination

(Contract with participants who require a visa)

(1) Participants who require a visa can only properly terminate the teaching contract if the competent authority does not issue them with the visa required to enter the language course. The participant who requires a visa will notify Alpha Aktiv immediately if the authority has refused to issue the participant with a visa. The participant's statutory right of withdrawal (see section 14) remains unaffected.

2) In case of notification of visa refusal, the following cancellation fees will be charged to the participant subject to visa requirements: administrative costs of 25% of the course fee, up to a maximum of 300€ + 50€ registration fee and any additional fees incurred (such as postal costs, bank charges, etc.) The participant retains the right to prove that a fee or damage in the respective amount has not been incurred or has only been incurred to a lesser extent.

(3) In case of a postponement of arrival due to the visa not being issued for the time being, which is communicated 4 weeks (30 days) or later before the planned arrival, the participant will be charged the following cancellation fees: 4 weeks of the booked accommodation.

(4) After the visa has been granted, after entry into the country and after the course has started, with simultaneous use of a visa for participation in the language course, ordinary termination is excluded and the contract can only be terminated in the cases provided by law.

(5) After the course has begun, the termination of the course and the other services is only possible in cases specified by the law. Even in the event of non-participation in the course, the full course fees are to be paid. 

(6) In the case of participants who require a visa, Alpha Aktiv also reserves the right to notify the competent authority of the premature termination of the course by the participant requiring a visa in the form of termination and / or non-participation in the course in order to avoid misuse of the letters of invitation from Alpha Aktiv.

(7) The right of the participant and Alpha Aktiv to extraordinary termination remains unaffected by the above provisions.

(8) A termination of the teaching contract is only effective if it is given in text form.

(9) The cancellation of additional services booked with Alpha Aktiv (e.g. airport transfer) is possible in writing up to 5 working days before the start of the service.

14. Information on the right of withdrawal / exclusion of the right of withdrawal

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

(2) Contracts concluded outside of business premises are (in particular but not conclusive) contracts that are concluded with the simultaneous physical presence of the consumer and Alpha Aktiv at a location that is not Alpha Aktiv’s business premises. Distance sales contracts are contracts in which Alpha Aktiv and the consumer use only means of distance communication for contract negotiations and the conclusion of the contract. Means of distance communication are 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, e-mails, messages sent via the mobile phone service (SMS) and radio and telemedia.

(3) The cancellation policy and the model cancellation form are listed below. The participant as a consumer can use the following sample withdrawal form to exercise the right of withdrawal, but this is not mandatory.

15. Liability

(1) Alpha Aktiv is liable in accordance with the law for damage resulting from injury to life, limb or health, as well as for damage based on intent or gross negligence on the part of Alpha Aktiv.

(2) For a slightly negligent breach of obligations, the fulfillment of which enables the proper execution of a contract in the first place and on which the contractual partner can regularly rely to a particularly high degree (essential contractual obligations / cardinal obligations), Alpha Aktiv's liability is predictable and typical occurring damage is limited. Moreover, the liability for simple negligence is excluded. Any existing liability on the part of Alpha Aktiv under the Product Liability Act or the assumption of guarantees remains unaffected.

(3) The above limitations of liability also apply in the event of breaches of duty by the legal representatives or vicarious agents of Alpha Aktiv. Insofar as Alpha Aktiv's liability is excluded due to the above regulations, this also applies to personal liability of Alpha Aktiv's employees and vicarious agents.

16. Final provisions

(1) Alpha Aktiv is neither obliged nor willing to take part in a dispute settlement procedure before a consumer arbitration board.

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

(3) For reasons of better legibility, only the masculine language forms are used in these General Terms and Conditions. All personal names apply equally to both genders.

(4) The exclusive place of jurisdiction for disputes arising from and in connection with these General Terms and Conditions is Heidelberg if the participant is a businessman, 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 take legal action against a participant who does not (no longer) have a general place of jurisdiction in Germany, including before the otherwise competent courts. In all other cases, Alpha Aktiv or the participant can bring an action before any court with jurisdiction based on statutory provisions.

(5) Should a provision of these conditions be or become ineffective, the validity of the remaining provisions shall remain unaffected. In such a case Alpha Aktiv and the participant are obliged to contribute to the creation of provisions through which a legally effective result is achieved that comes as close as possible to the ineffective provision. The above applies accordingly to the closing of any contractual loopholes.

Cancellation policy

Right of withdrawal

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

The cancellation period is fourteen days from the day the contract is concluded.

In order to exercise your right of withdrawal, you must inform us (Alpha Aktiv Private Educational Institute, Ms. Beata Drogi, Hans-Böckler-Straße 2, 69115 Heidelberg, Germany, 06221 5880270; info@alpha-heidelberg.de) by means of a clear declaration (e.g. one with the 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.

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

Consequences of withdrawal

If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for 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 commence during the cancellation period, you have to pay us a reasonable amount, which corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract Compared to the total scope of the services provided for in the contract.

Sample - withdrawal form

(If you want to cancel the contract, please fill out this form and send it back.)

- To (Alpha Aktiv Private Educational Institute, Ms. Beata Drogi, Hans-Böckler-Straße 2, 69115 Heidelberg, Germany, 06221 5880270; info@alpha-heidelberg.de):

- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / for the provision of the following service (*)

- Ordered on (*) / received on (*)

- Name of the consumer (s)

- Address of the consumer (s)

- Signature of the consumer (s) (only when notified on paper)

- date

 (*) Delete where inapplicable