Terms & Conditions

§ 1 Scope

These Terms and Conditions apply to all contracts for German lessons between VALENS LINGUA, owner Valentina Driller, Robert-Bunsen-Straße 7d, 79108 Freiburg im Breisgau, Germany, email: valentina@valenslingua.de (hereinafter the “Provider”) and the respective customer (hereinafter the “Customer”).

VALENS LINGUA exclusively provides German lessons. The services are aimed in particular at children, young people and adults and may, depending on the individual agreement, take place as individual or group lessons, online or in person in the Freiburg area.

For underage students, the contract is generally concluded with the respective parent or legal guardian.

Individual agreements in the teaching contract take precedence over these Terms and Conditions.

§ 2 Enquiry and conclusion of the teaching contract

The enquiry function on the website is used exclusively for non-binding contact and enquiries regarding German lessons.

By submitting an enquiry, the Customer does not yet make a binding offer to conclude a teaching contract. In particular, submitting an enquiry does not reserve a lesson place on a binding basis.

The enquiry is sent to the Provider by email. The Provider reviews the enquiry and subsequently agrees the essential contractual terms individually with the Customer.

A teaching contract is concluded only when the parties have agreed on the essential contractual terms and the Provider confirms the contract or agreement accordingly, or both parties conclude the teaching contract.

Only after the contract has been concluded are agreed lesson appointments binding.

§ 3 Subject matter and scope of the lessons

The specific lessons are based on the individually agreed learning objectives and needs of the Customer or student.

The lessons may in particular include German tutoring for children and young people, school support, support with grammar, spelling, reading, writing and expression, exam preparation and general German lessons.

Lesson duration, frequency, appointments, form of teaching, teaching location and remuneration are agreed individually.

No specific learning outcome, school grade or examination result is owed. Learning success depends, among other things, on the student's individual circumstances, regular attendance and active participation.

§ 4 In-person and online lessons

Lessons take place online or in person in the Freiburg area in accordance with the individual agreement.

For in-person lessons, the specific teaching location is agreed individually or communicated to the Customer.

For online lessons, the Customer is responsible for suitable technical equipment and a sufficient internet connection.

If a lesson cannot take place, or can take place only with significant restrictions, due to technical problems on the Customer's side, there is generally no entitlement to a free replacement lesson insofar as the technical problems are attributable to the Customer.

Technical problems on the Provider's side will be remedied where possible. If the lesson cannot take place as a result, a replacement appointment will be arranged where possible.

§ 5 Lesson appointments and binding nature

Lesson appointments are agreed individually and are binding on both parties after conclusion of the contract.

The Customer undertakes to attend at the agreed times or, in the case of minors, to ensure that the student is able to attend.

Changes or cancellations must be communicated to the other contracting party as early as possible.

§ 6 Cancellation by the Customer and short-notice absence

A Customer may cancel an agreed lesson free of charge no later than 24 hours before the lesson is due to begin.

If the Customer cancels less than 24 hours before the agreed start of the lesson, the agreed lesson fee is generally payable in full.

The Customer remains entitled to demonstrate that the Provider has suffered no loss or a substantially lower loss as a result of the short-notice cancellation.

The payment obligation under paragraph 2 does not apply if the Customer or student is unable to attend at short notice due to illness or another serious, unforeseeable reason for which the Customer is not responsible.

In justified cases, the Provider may request reasonable evidence insofar as this is necessary and reasonable for reviewing the reason relied upon.

If the lesson is cancelled in good time in accordance with paragraph 1, a replacement appointment may be arranged subject to availability. There is no entitlement to a particular replacement appointment.

§ 7 Cancellation or absence by the Provider

If the Provider is unable to conduct an agreed lesson, the Customer will be informed as early as possible.

If a lesson is cancelled at short notice due to illness of the Provider or another serious, unforeseeable reason, no fee will be charged for the cancelled lesson. If the fee has already been paid, it will be refunded or, by agreement with the Customer, credited towards a replacement appointment.

If the Provider is responsible for a cancellation, a replacement appointment will be offered where possible. If a replacement appointment is not possible or is not desired by the Customer, any fee already paid for the cancelled lesson will be refunded.

The same applies to any other cancellation for reasons for which the Provider is responsible: no fee is payable for the cancelled lesson.

§ 8 Fees and payment

The amount of the fee is agreed individually before conclusion of the contract.

The prices and payment terms set out in the teaching contract or respective agreement apply.

Invoices are payable in full within the agreed payment period.

In the event of late payment, the statutory provisions apply.

§ 9 Customer obligations

The Customer undertakes to provide all information required for conducting the lessons completely and truthfully.

The Customer undertakes to keep agreed appointments or to give notice of cancellations in good time in accordance with § 6.

For underage students, the legal guardian is responsible for ensuring that the student is able to attend at the agreed lesson times.

Teaching materials provided by the Provider may be used by the Customer exclusively for the Customer's own learning or teaching purposes.

§ 10 Teaching materials and copyright

Teaching materials, worksheets, texts, tasks, exercises and other content provided by the Provider may be protected by copyright.

The materials may be used for the Customer's own teaching and learning purposes.

Passing on, publishing, reproducing or otherwise exploiting the materials outside the statutory limitations of copyright requires the Provider's prior consent.

§ 11 Liability

The Provider is liable in accordance with the statutory provisions for damage caused intentionally or through gross negligence.

The statutory liability provisions apply to damage resulting from injury to life, body or health.

In all other respects, the statutory liability provisions apply.

No liability is assumed for any particular academic, linguistic or personal learning outcome.

§ 12 Data protection

Personal data is processed exclusively in accordance with the applicable data protection legislation.

Details of the processing of personal data, processing purposes, legal bases, retention periods and data subject rights are set out in the separate VALENS LINGUA Privacy Policy.

For enquiries and contracts concerning underage students, personal data relating to the child and the legal guardian may be processed insofar as this is necessary for handling the enquiry, performing the contract or complying with legal obligations.

§ 13 Right of cancellation for consumers

Insofar as the Customer is a consumer and the teaching contract is concluded at a distance (for example by email or otherwise exclusively using means of distance communication) or away from business premises, the Customer is generally entitled to the statutory right of cancellation unless a statutory exception applies.

The Provider supplies the consumer with the legally required cancellation information and model cancellation form in the legally prescribed manner and in due time.

If, at the consumer's express request, the lessons are to begin before expiry of the cancellation period, this request will be documented separately. The consumer will be informed of the statutory legal consequences, in particular any obligation to pay a proportionate amount for services already provided up to cancellation and the requirements for the right of cancellation to expire once the service has been fully performed.

§ 14 Incorporation of these Terms and Conditions

These Terms and Conditions form part of the teaching contract if, when the contract is concluded, the Customer is informed that they apply, is given a reasonable opportunity to take note of their contents and agrees to their application.

The Provider makes the Terms and Conditions available to the Customer in particular electronically or on a durable medium.

§ 15 Consumer dispute resolution

VALENS LINGUA is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Statutory information obligations relating to consumer dispute resolution remain unaffected.

§ 16 Applicable law

The law of the Federal Republic of Germany applies.

For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the country in which the consumer has their habitual residence.

§ 17 Place of jurisdiction

The statutory rules on jurisdiction apply to consumers.

Where legally permissible, the place of jurisdiction is the Provider's registered place of business.

§ 18 Final provisions

Individual agreements between the Provider and the Customer take precedence over these Terms and Conditions.

If individual provisions of these Terms and Conditions are or become wholly or partially invalid, the validity of the remaining provisions remains unaffected. The statutory provisions apply in place of the invalid provision.