General Terms and Conditions of Language Success

These General Terms and Conditions (GTC) govern the contractual relationships between Language Success (hereinafter “LS”) and its customers, regardless of whether they are consumers or entrepreneurs. Consumers are natural persons acting for purposes that are not attributable to their commercial or independent professional activities. Entrepreneurs are natural or legal persons or legally capable partnerships acting in the course of their commercial or independent professional activities. Provisions that exclusively apply to entrepreneurs do not apply to consumers. The contractual language is German. For customers outside Germany, the mandatory consumer protection regulations of their country of residence apply in addition.

1. Scope of Application

These GTC apply to all language and cultural courses as well as training programs offered by LS, including online and in-person instruction, individual and group courses, and programs specifically designed for corporate clients. They form the binding basis for all contractual relationships between LS and its customers. Special contractual or registration conditions for individual services or products supplement these GTC. Such conditions are explicitly referenced in connection with the respective service. In case of contradictions between these GTC and special conditions, the special conditions take precedence.

2. Conclusion of Contract

Online Booking: The contract is concluded through a booking made via the website www.languagesuccess.org, incorporating these GTC.
Written Contract: Outside of online bookings, the contract is concluded by signing a written study agreement provided by LS, which incorporates these GTC. The study agreement details the booked service (e.g., course type, scope, duration). The contract becomes effective upon receipt of the signed document by LS, either in person, by mail, or via email.
Minors: If a legal guardian concludes a contract for a minor participant, these GTC apply analogously to the participant. LS assumes supervisory responsibility only during the instruction period (from the scheduled start to the end of the service). The legal guardian is obliged to bring and pick up the participant punctually. LS is not liable for damages resulting from non-compliance with this obligation. The legal guardian must be reachable during the service provision to pick up the participant in case of an emergency. LS reserves the right to exclude participants from instruction in cases of self-endangerment, endangerment of others, property damage, or disruptive behavior.
Contract Transfer: Contracts are generally not transferable to third parties unless expressly agreed with LS.

3. Service Provision

Appointment Arrangements: LS strives to arrange appointments reliably and flexibly, depending on the availability of our qualified instructors. Participants benefit from the diversity of our teaching staff, and there is no entitlement to a specific instructor. A change of instructor may be part of LS’s pedagogical concept to promote a varied and effective learning experience and is accepted by participants. Such a change does not entitle the participant to terminate or withdraw from the contract.
Cancellation of Teaching Units: If a teaching unit (TU) is canceled due to circumstances attributable to LS (e.g., instructor illness), LS will endeavor to provide a substitute instructor or offer a replacement TU. If this is not possible in individual cases, LS will promptly inform the customer and refund the fees for the canceled TU.
Course Termination by LS: In exceptional cases where LS must terminate a course prematurely for reasons attributable to it (e.g., prolonged unavailability of an instructor), a substitute offer will be made, such as an alternative course or online instruction. If no substitute is possible, LS will refund the fees for the unprovided TUs on a pro-rata basis.
Force Majeure: In the event of unforeseen circumstances such as natural disasters, pandemics, or governmental orders that prevent service provision, LS is entitled to postpone instruction, offer replacement appointments, or switch to online instruction. LS will strive to offer reasonable substitute solutions. Replacement appointments may be offered flexibly, including at a later date. If no substitute is possible, LS will refund the fees for unprovided TUs. Claims for damages are excluded in such cases.
Learning Objectives: LS conducts a thorough needs analysis before the course begins and designs the instruction to promote individual learning progress. However, LS cannot guarantee the achievement of specific learning or examination objectives, as success depends significantly on the participant’s cooperation, commitment, and personal prerequisites. Information on the average number of TUs required is based on LS’s extensive experience and may vary in individual cases.

4. Payment Terms

Prices: The prices specified at the time of contract conclusion are binding. For private customers, prices are final prices including statutory value-added tax (VAT). For corporate clients, prices are quoted exclusive of statutory VAT, which may be added depending on the customer’s country.
Due Date: Payments are due within 10 days of contract conclusion, but no later than before the start of the first teaching unit.
Payment Methods: Payments can be made by bank transfer, credit card, PayPal, or, by individual agreement, in cash.
Monthly Installments: If monthly payments are agreed, installments are due by the 3rd of each month. If payment is not received by the 7th of the month, LS may charge a processing fee of 10.00 EUR.
Payment Default: In case of payment default, the customer bears all costs of reasonable legal enforcement, including reminder and collection fees, as well as statutory default interest.

5. Withdrawal and Termination Rights

Consumers (Distance Contracts): Consumers who enter into contracts outside business premises or via distance selling (e.g., via the website, email, or telephone) have the right to withdraw within 7 days from the conclusion of the contract without stating reasons. Withdrawal must be declared via email to info@languagesuccess.org or by phone (+49 1573 00 53 575). LS will promptly confirm receipt of the withdrawal. To meet the deadline, it is sufficient to send the withdrawal notice in time. Upon withdrawal, LS will refund all payments received within 14 working days, minus a processing and service fee of 60.00 EUR, which covers the administrative costs of processing the withdrawal, using the same payment method used by the customer unless expressly agreed otherwise. If the customer has requested that the service begin during the withdrawal period, the pro-rata amount for the started month plus the fee is payable. For customers outside Germany, the mandatory withdrawal rights of their country of residence apply in addition.
Consumers (Termination): Group courses must be paid in full even if not attended (e.g., due to illness or professional commitments). Participants have access to online materials to review missed content and can obtain information about homework. Individual courses with a duration of four months may be terminated early in emergencies (e.g., serious illness, unforeseen relocations). Termination must be submitted in writing via email to info@languagesuccess.org by the 15th of the month at the latest and confirmed by LS. The course ends at the end of the month; a processing and service fee of 60.00 EUR, which covers the administrative costs of processing, will be charged. Pauses in individual instruction (e.g., due to vacation or professional commitments) must be notified to the instructor in writing at least 2 weeks in advance to arrange alternative appointments.
Entrepreneurs: Booked TUs must be used within 13 months from the start of the contract. Early volume reduction is possible in writing via email to info@languagesuccess.org by the 1st of the month for the end of the month. LS will refund 70% of the fees for the remaining TUs, provided LS’s capacity allows. The cancellation must be confirmed in writing by LS. Courses may be flexibly transferred to other participants or replaced by courses with the same or fewer participants.
Termination for Default: If a customer defaults on payment, LS is entitled to terminate the contract with immediate effect. Any termination requires written form.

6. Appointment Regulations and Delays

Individual Courses: The instruction schedule is coordinated individually between the customer and the instructor. Cancellations or rescheduling must be communicated in writing (e.g., via email or SMS) at least 24 hours on working days before the scheduled appointment. Weekends and public holidays in Germany are not included in this period, so, for example, an appointment on Monday at 3:00 PM must be canceled by the previous Friday at 3:00 PM. In case of late or no cancellation (“late cancellation”) or non-appearance, the TU will be charged in full. For timely cancellations, an alternative appointment will be arranged. If the participant is late, the instructor will wait up to 15 minutes; the TU will be charged in full.

Group Instruction: Group courses take place at fixed times. Missed TUs cannot be made up, but participants have access to online materials to review missed content and homework. If the contractually agreed minimum number of participants is not met, LS is entitled to adjust the number of TUs at the same price or dissolve the group. In the latter case, LS will refund the fees for unprovided TUs. For pedagogical reasons, LS may, in consultation, transfer participants to another group to optimize learning progress.
Corporate Courses: Cancellation of an in-person or online group course is free of charge up to 15 working days before the start. Cancellation up to 6 working days before the start incurs 30% of the gross price; thereafter, the full fees are payable. For courses already started, fees are payable even if participation is not possible (e.g., due to illness or professional commitments).

7. Online Instruction

Technical Requirements: The customer is responsible for providing and ensuring the functionality of the required hardware and software (e.g., PC, tablet, stable internet, headset, camera). Technical issues on the customer’s side (e.g., internet disruptions) do not entitle to a refund of TUs.
Participation Conditions: Participants are required to participate with their camera on, in a quiet, undisturbed environment, using a suitable device (e.g., PC or tablet). LS reserves the right to exclude participants from instruction without refund in cases of gross misconduct (e.g., physical or verbal aggression, repeated disruption despite warning). For less severe violations, a warning will be issued before exclusion, if reasonable.

8. Instruction Conditions

Definition: A teaching unit (TU) comprises 45 minutes unless otherwise individually agreed.
Quality Control: To ensure and improve instruction quality, LS may have pedagogical staff observe certain TUs. Recordings will only be made with the prior consent of participants or in anonymized form, in compliance with data protection regulations.
Behavior in Instruction: Participants are required to maintain respectful interaction with instructors and other participants and to participate actively. For optimal learning progress, LS recommends completing homework assigned by the instructor and using additional self-study tasks. LS reserves the right to exclude participants from instruction without refund in cases of gross misconduct (e.g., physical or verbal aggression, repeated disruption despite warning). For less severe violations, a warning will be issued before exclusion, if reasonable.
Copyright: All instructional materials (e.g., scripts, worksheets, digital content) are protected by copyright. Reproduction, distribution, or use outside of instruction is only permitted with the written consent of LS.
Service Fee: The costs for administrative activities are included in the instruction packages.
Liability for Property Damage: Participants are liable for damage to LS or third-party property (e.g., training rooms, equipment) caused intentionally or through gross negligence.

9. Special Conditions for Corporate Courses

Organization: The group size, dates, and content of corporate courses are individually coordinated with the customer. Cancellation conditions are as per Section 6 (Corporate Courses).
Confidentiality: LS undertakes to treat all information provided in the context of corporate courses (e.g., internal documents, business processes) and personal data of participants as strictly confidential. Disclosure to third parties will only occur if legally required or with the explicit consent of the customer. Instructors and agents of LS are accordingly bound to confidentiality.

10. Liability

LS is liable only for damages caused by intent or gross negligence. In case of negligent breach of essential contractual obligations (cardinal obligations) necessary to achieve the contract’s purpose, liability is limited to foreseeable, contract-typical damages.
Liability for injuries to life, body, or health and under the Product Liability Act remains unaffected. These liability limitations also apply to legal representatives, employees, and agents of LS.
LS is not liable for damages resulting from late drop-off or pick-up of minor participants or for failure to achieve learning, examination, or certification objectives.

11. Data Protection

Customer data is stored and processed by LS for contract fulfillment, compliance with legal retention obligations, and its own promotional purposes. Data is only disclosed if legally required or to payment and transport service providers as necessary for contract fulfillment.
Participants consent to the publication of testimonials unless they object via email to info@languagesuccess.org using the keyword “Data Protection.” An objection leads to the deletion of the affected data, provided no legal retention obligations apply.
Data processing complies with the General Data Protection Regulation (GDPR) and supplementary national regulations. For customers outside the EU, the mandatory data protection regulations of their country of residence apply in addition.

12. Special Conditions

Examination Preparation: For courses preparing for examinations, tests, or certifications, the customer is responsible for organizing and registering with the relevant institution. LS is not liable for the success or attainment of a certificate.
Practical Learning: Instruction conducted outside typical training rooms (e.g., in the context of practical learning) is subject to the conditions of the instruction location. This does not affect the price. Participants are liable for damages they cause at the instruction location.
Changes to the GTC: LS reserves the right to amend these GTC with effect for the future. Customers will be informed via email at least 4 weeks before the changes take effect. Customers may object to the changes within 4 weeks of notification. Without objection, the amended GTC are deemed accepted.
Complaints Procedure: For questions, complaints, or concerns, customers should contact info@languagesuccess.org. LS will address concerns promptly and transparently to find a satisfactory solution.
Limitation Period: Claims arising from this contract are subject to the statutory limitation periods of the applicable law, in Germany generally three years from the end of the year in which the claim arose.

13. Choice of Law and Jurisdiction

Choice of Law: German law applies, unless mandatory provisions of the customer’s country of residence, particularly in consumer protection, take precedence.
Jurisdiction: For disputes with entrepreneurs, we amicably and transparently agree on Munich as the place of jurisdiction, provided this is legally permissible. For consumers, the statutory regulations of their country of residence apply.
Severability Clause: If any provision of these GTC is wholly or partially invalid, the validity of the remaining provisions remains unaffected.