TERMS AND CONDITIONS & cancellation policy

Conclusion of contract

1. The contract is concluded as soon as EVOLANGUAGE has received the customer’s registration for
the language course or an exam. The registration can be made via the EVOLANGUAGE web portal
or by personal signature of any kind of teaching contracts provided by EVOLANGUAGE in the
teaching office or by sending the contract via e-mail or fax.
2. By signing up, the terms of participation will be acknowledged as contractual component.
3. Contract language is German.

Registration & payment terms

1. The registration is made by online booking via the internet portal of EVOLANGUAGE or by
personal signing of the registration or contract form provided by EVOLANGUAGE in the teaching
office or by sending them online via e-mail or fax.
2. The course or exam fee is to be discharged by bank transfer at least one week before the course
or the exam takes place or at least at the day when the course or exam starts according to
registration and booking confirmation in cash or credit card payment.
3. The registration fee for each course or exam is 50.00 EUR and is included in the course or exam
fee.
4. The one-time administrative fee per course booking is 20% of the regular course cost and are
included in the course fee.
5. Bank details EVOLANGUAGE:

Account holder: EVOLANGUAGE
Account number: 0368442984
Bank code number: 55020486
IBAN: DE52 5502 0486 0368 4429 84
Swift-BIC: hyvedemm486
6. The customer must bear all bank charges.

 

Formation of the contract

1. With the transmission of the online booking or the signing of the course contract provided by
EVOLANGUAGE the participant acknowledges the terms and conditions of EVOLANGUAGE.
2. Integral part of the contract is the valid price list at the time of registration.
3. The course fees include: Classification test, training in language, the participation certificate and
the registration fee of 50.00 EUR as well as the one-time administration fee (20% of the course
cost). The exam fee includes a registration fee of 50.00 EUR.
4. For the rest, outside of the possibility to place an online-order by the EVOLANGUAGE web portal,
the conclusion of contract between the customer and a contract offered by EVOLANGUAGE
through signature which is exclusively excluded of this conditions and terms, in any
EVOLANGUAGE language school via postal way, fax number +49 6131 617 3197 or e-mail. In our
written teaching contract the course as well as the service we provide are separately designated
and described.

Course organization

1. One lesson lasts 45 minutes.
2. All agreements regarding training time, training content, duration of the training and training fees
will be exclusively made with EVOLANGUAGE and NOT with the respective trainers. The customer
is not able to oblige trainers of EVOLANGUAGE, he rather has to engage them through
EVOLANGUAGE directly. A claim for training by a certain teacher doesn’t exist. For missed lessons

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(unexcused) or programs, EVOLANGUAGE is offering replaced lessons respectively replacement
programs.
3. The participant is committed to inform EVOLANGUAGE immediately after the identification of a
deficiency and to demand remedy. In the event of failure to comply with this obligation,
EVOLANGUAGE is excluding any claims.
4. A change of teaching force can be part of the method provided by EVOLANGUAGE and doesn’t
entitle the customer to neither cancel nor withdraw from the contract.
5. EVOLANGUAGE does not adhere for non-achievements of a specific learning or teaching success.
On the basis of predefined specifications made by EVOLANGUAGE regarding needed teaching
units to achieve a teaching goal are based on years of experience and can be differ in individual
cases from the actual requirements.
6. Side-agreements require written confirmations.

Cancellation of the contract and termination by the customer

1. In the case of registrations, which were made by registration/contract forms provided by
EVOLANGUAGE, the contract declaration can be withdrawn up to 14 days before the start of a
course according to registration and booking confirmation without stating reasons in text form
(e.g. letter, e-mail, fax). For the preservation of the period of revocation it conforms the dispatch
of the withdrawal in time. The withdrawal is to be sent in written text form at:

EVOLANGUAGE
Isabell Kuchtin
Kaiserstr. 2
D-55116 Mainz

The registration fee of 50.00 EUR and the administration fee per registration (20% of the course
fee) are implemented in the course fee.
At timely cancellation up to 14 days before the agreed start of the course according to
registration and booking confirmation, the cancellation fee is 50.00 EUR. In the case a
cancellation takes place within 13 days to 7 days before the agreed start of the course according
to registration and booking confirmation, following fees are to be discharged:
One-time registration fee: 50.00 EUR plus 20% of the agreed course fee (administration
fee/compensation for damages). In the case of cancellations within less than 7 days before the
start of a course up to 1 day before the start of a course according to registration and booking
confirmation, the following fees are to be discharged: One-time application fee: 50.00 EUR plus
50% of the agreed course fee (administration fee (compensation for damages). In the case of
cancellations on the day of the start of a course or after the start of a course according to
registration and booking confirmation, the whole course fee (incl. application and administration
fees) is to be discharged for the booked trainings period.
2. In the case of online registrations, the contract declaration can be cancelled within 14 days
without stating reasons in text form (e.g. letter, e-mail, fax). The deadline starts with the receipt
of this instruction in text form. For the ensuring of the period of revocation, it is sufficient to send
the withdrawal in time. The withdrawal is to be send in written text form at:

EVOLANGUAGE
Isabell Kuchtin
Kaiserstr. 2
D-55116 Mainz

The following applies in the case of a revocation of the withdrawal and cancellation outside the 14
days period of revocation: Unless otherwise agreed, following compensation for damages are to
be discharged for a cancellation up to 13 days until the start of a course according to registration
and booking confirmation: Application fee 50.00 EUR plus administration fees of 20% of the
course fee, unless the course participant can prove that a minor or no damage incurred. The
cancellation is to be sent in text form to EVOLANGUAGE. In the event of cancellations after the
agreed course start, the whole course fees must be discharged for the booked period of training.

Visa: Cancellation of the contract and termination by the customer

1. In case the registration is combined with the application of a visa, all fees must be discharged in
advance. A handling and an administrative fee at a charge of 200.00 EUR plus the actual delivery
cost is charged in addition to the price for issuing of a visa capable confirmation of registration
(confirmation letter) and their sending via e-mail or via postal way to the home address of the
customer. This extra fee won’t be refunded in no way. If the application fee is sent within
Germany, the visa fee comes out to 100.00 EUR.
2. If the visa for entry into an EU country is not issued and entry into the Federal Republic of
Germany is therefore permanently impossible, the course fee can be refunded minus the
registration fee of € 50, provided that the rejection notice is plausibly justified and the participant

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fulfills his or her obligation to cooperate complied with the issuing of the visa by submitting all the
necessary evidence for the issuing of the visa. The original rejection notice must be submitted
and the original confirmation letter must be returned.
3. A transfer of the booked course place by the participant to another person (substitute participant)
for the same course date is possible.
4. The course participant is responsible that the entry in Germany is possible and that during the
whole duration of the booked language courses the place of residence is legal.

Rebooking

1. In the case that a rebooking is induced by the customer (e.g. change of a teaching appointment,
change of the type of a course, change of the level of a course), the rebooking must take place at
least 14 days before the start of a course according to registration and booking confirmation. The
rebooking fee is 50.00 EUR.
2. All bank charges shall be borne by the customer (course participant).

Cancellation of teaching and examination schedules

1. Cancellations of teaching or examination dates must be made in writing to be effective.
2. Agreed single teaching schedules can be cancelled until 12:00 of the previous day. If a teaching
schedule falls on a Monday, the cancellation of this appointment should be made at 12:00 on the
previous Friday. Agreed teaching schedules, which are cancelled after this time or which are
claimed without any cancellation, will be fully charged. There is no refund for teaching schedules,
which are not perceived and can’t be caught up to it. This also applies to obstacles, which the
customers are not responsible for, like illness or obstacles, which are profession related.
3. In the case of irregular attendance, illness or vacation on part of the course participant, the
course we won’t be refund. The participation at a language course at another time shall not be
granted. In case of non-appearance at the course, participants are not entitled to a refund.
4. Absenteeism of the course participants once the course is underway (e.g. due to illness, travels)
will not be refund.
5. Agreed examination dates can be cancelled or postponed free of charge up to 48 hours before the
agreed examination date. In case of cancellation or postponement of the agreed examination
date within less than 48 hours before the agreed examination date, an administrative fee of
25.00 EURO will be charged. In case of cancellation or postponement within 12 hours before the
agreed examination date, the administrative fee to be paid is 50.00 EURO. If the agreed
examination date is not cancelled or postponed in writing in good time within the aforementioned
periods, the agreed examination fee is due for payment in full.

Liability

1. EVOLANGUAGE assumes no liability on a default on benefits on grounds of force majeure or on
for other reasons EVOLANGUAGE is not responsible for.
2. EVOLANGUAGE reserves the right, to change the course program for group lessons and to offer
the lessons as hybrid or online lessons also to reduce the number of hours, in case the
participation number is lower than 4 persons. This does not represent a reason for withdrawal
from the contract or a reduction of the price for the training.
3. EVOLANGUAGE cannot be held responsible for the loss of personal belongings inside the school
building.
4. The course participant is liable for damages on the building and in the classrooms caused by
himself.

Duty of cooperation/Deficiency claim

1. The course participant is obliged, immediately upon noticing a defect, to inform EVOLANGUAGE
accordingly and claim remedy.
2. Course participants, who disturb the lessons with their behavior, can be dismissed form further
course lessons. In that case, the course fees will be detained and shall not be refunded.
Excursions
1. Unless otherwise noted, costs of tours, excursions are not included in the course price and must
be paid by the course participant.
2. The participation on tours is at your own risk. EVOLANGUAGE does not assume liability on tours
for possible damages or injuries. We recommend therefore the conclusion of a health and
accident insurance.

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Data protection

1. The course participant agrees on entry for EVOLANGUAGE to record and edit personal information
electronically to ensure the proper accomplishment of the registration, accounting and proof of
performance procedure.
2. When joining a Zoom video conference (online lessons or hybrid lessons or online exams) without
your own user account, metadata about the conference is being processed: Topic, description
(optional), IP number of the attendee and information about the terminal device used. In case of
using the IM chat in Zoom, the chat content is subject of processing. In the case of online exams,
EVOLANGUAGE reserves the right to record and store the video conference until the exam result
has been announced. In case of cheating during the exam by the examinee, the recordings will
be kept as evidence until the evidence could be provided. In the event of the existence of a user
account (not required), the following data are also processed: First name, last name, phone
number (optional), email, password, profile picture (optional). There is no storage of
videoconferences and IM chats by the school. EVOLANGUAGE has no access to user accounts, if
any are created by students. All attendees of a videoconference have viewing, listening, and
reading access to videoconference content and IM chats. The provider may access the processed
data as part of the order processing and at the direction of the school administration. Zoom Video
Communications, Inc, https://zoom.us/, which runs the Zoom video conferencing platform,
processes participants’ personal data on our behalf for this purpose. In other words, it is only
allowed to use them in accordance with our instructions and for our purposes and not for its own
purposes, i.e. it may neither use them for advertising nor pass them on to third parties.

Final clause

1. German law applies with the exclusion of the UN law and purchase right (CISG). For any
consumer, this choice of law applies only to the extent that the protection granted by the
mandatory provisions of the law of the country of the consumer’s usual residence is not deprived
(favorability principle).
2. In the event of a dispute between regarding the meaning or interpretation of a provision of this
version of terms and conditions translated into English, the German version shall prevail.
3. The place of jurisdiction is the registered seat of EVOLANGUAGE, i.e. Mainz, as soon as the
customer is not a consumer but merchant, legal entity of public law or special fund under public
law or so far as the customer has transferred his domicile or habitual residence abroad or his
domicile or habitual residence is unknown at the time the compliant is raised.
4. Any amendments or supplements of the contract shall require the written form. Should one of the
above clauses be ineffective, the legal provisions apply. The principle of the priority of the
individual agreement (§ 305b BGB) is a high priority for consumers.
Other
1. Modifications and amendments of this terms and conditions must be in written form.
EVOLANGUAGE reserves the right to change the rules, the program, the prices and the terms and
conditions without previous warning.
2. In case that one item of this terms and conditions should be or is going to be legally invalid, the
other conditions shall retain their full force and content. Typesetting and translation errors being
reserved.

Legally effective: March 15, 2022