1. Validity of standard terms and conditions
1.1.
The following general terms and conditions (“GTC”) of Easy English Intl, Germany
(hereinafter “EEI”), shall apply as a binding basis for all contractual
relationships between EEI and the consumers and entrepreneurs who make use of
products and services offered by EEI (hereinafter also referred to jointly as
“users” or “customers”). A “consumer” is defined by Section 13 BGB (German
Civil Code) as any natural person who enters into a legal transaction for a
purpose that does not correspond with their independent professional work. An
“entrepreneur” is defined by Section 14 BGB as any natural person, legal person
or business partnership who or which in entering into a legal transaction does
so in exercise of his or its trade, business or profession. Regulations of
these GTC which are expressly designated as applying to entrepreneurs shall not
apply to consumers.
1.2.
Certain services and/or products offered by EEI can be subject to separate contractual
and/or registration conditions as a result of which the regulations of these
GTC are supplemented. These are referred to separately as applicable in
connection with a given service or product. Such separate, special conditions
which vary from these GTC shall take precedence over the regulations of these
GTC.
1.3.
The contract partner is Easy English Intl, Germany unless another contract
partner is expressly designated in special offers.
1.4.
The contract language is English.
1.5.
Conditions of purchase and other terms and conditions of commercial customers
shall only apply if and insofar as their validity has been explicitly
recognized by EEI in writing.
2. Conclusion of
contract
2.1.
If nothing else has been stipulated for special offers, the offers from EEI on
the internet and the EEI teaching contracts constitute binding offers to the
customer to conclude a corresponding contract with EEI. The customer can accept
these offers by placing an order. When an order is placed on the internet, the
contract is concluded when the customer’s order is sent to EEI.
2.2.
Products in the EEI webshop can be seen in greater detail and with no
obligation to purchase by clicking on the product name or on “Details”. The
customer can place the product in the customer’s shopping cart by clicking “In
the shopping cart”. The contents of the shopping cart can be viewed at any time
and with no obligation to purchase by clicking “Shopping cart”. Products can be
removed from the shopping cart by clicking “Remove” or changed while in the
shopping cart by clicking “Update”. If the customer would like to buy or book
all the products in the shopping cart, the customer should click “Continue” on
the “Shopping cart” page. Then the customer should enter his or her personal
data and select the means of payment. Finally, the customer should click on
“Check and book” in order to check that all information has been entered and
make any necessary corrections, delete and/or change data. Input errors can
also be corrected by navigating backwards through the browser or aborting the
order and starting from the beginning. The customer must accept the GTC and
click on “Payment” to complete the order. By doing this the customer sends the
order to EEI. The customer will then receive an order confirmation via email.
2.3.
EEI stores the order and the order data that has been entered. The customer can
access the order, including the GTC, via the order confirmation sent by email.
The customer can also print both the order and the GTC before sending the order
to EEI.
2.4.
Furthermore, beyond the online order option via www.EEI.de, a customer can also
conclude a EEI instruction contract by signing one in a EEI center or sending
the signed contract to a EEI center by mail, fax or email, whereby this
contract is provided by EEI and likewise provides for exclusive application of
these GTC. Written instruction contracts state and describe the course or
service being booked.
2.5.
Times and appointments stated by EEI are agreed subject to availability of
appropriate instructors. If an instructor is unable to keep an appointment, EEI
shall try to find a substitute. Customers do not have the right to be taught by
a particular instructor. If lessons or programs are missed, EEI shall offer
substitute lessons and programs accordingly. EEI agrees that if this is not
possible in a particular case, EEI shall notify the customer at once and upon
completion of the program reimburse the customer for any and all lessons that
have been paid for but not completed. A change of instructor can be part of the
EEI method and does not entitle the customer to withdraw from the contract or
cancel it. EEI is not liable if the customer fails to achieve a particular
level of learning and educational success. The statements by EEI about the
lessons needed to achieve a particular instructional objective are based on
many years of experience and can differ from what is actually required in
individual cases.
3. Consumer withdrawal
rights for distance selling contracts and for contracts concluded outside of
business premises
Information
on right of withdrawal
Right
of withdrawal
You are entitled to withdraw from this contract within 14 days without stating
any reason.
The withdrawal period is 14 days from the date the contract was signed.
To exercise your right of withdrawal, you must inform us (Easy English Intl, via email ) of your decision to withdraw from
this contract in a clearly-worded declaration. You may use the enclosed model
withdrawal form for this purpose, however this is not obligatory. You also have
the option of electronically filling in and submitting the model withdrawal
form or any other clearly-worded declaration on our website, www If you use
this option, we will immediately send you confirmation (e.g. by email) of
receipt of your declaration of withdrawal.
To meet the withdrawal deadline, it is sufficient for you to send your
communication concerning your exercise of the right of withdrawal before the
withdrawal period has expired.
Effects
of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments
received from you, including the costs of delivery (with the exception of the
supplementary costs resulting from your choice of a type of delivery other than
the least expensive type of standard delivery offered by us), without undue
delay and in any event not later than 14 days from the day on which we are
informed about your decision to withdraw from this contract. We shall carry out
such reimbursement using the same means of payment as that used by you for the
initial transaction, unless you have expressly agreed otherwise; in any event,
you will not incur any fees as a result of such reimbursement.
If you ask for the performance of services to begin during the withdrawal
period, you shall pay us an amount which is in proportion to the services
provided up to the point when you communicated to us your withdrawal from this
contract, measured against the full scope of the contract.
Pursuant
to Section 312g para. 1 of the German Civil Code (BGB), the right of withdrawal
applies only to consumers and not to entrepreneurs. Moreover, this right of
withdrawal applies to consumers only in the context of contracts concluded
outside of business premises and so-called distance contracts, i.e. contracts
which are negotiated and concluded between the entrepreneur or someone acting
in his/her name or on his/her instructions and the consumer exclusively using
means of distance communication, unless the contract is not concluded in the context
of an organized distance sales or service-provision scheme (Section 312c para.
1 BGB). Means of distance communication are all means of communication which
can be used to initiate or conclude a contract without the simultaneous
physical presence of the contracting parties, including but not limited to:
letters, catalogs, telephone calls, faxes, emails, mobile text messages (SMS),
radio and television (§ 312c para. 2 BGB).
Model
contract withdrawal form
(If
you wish to withdraw from this contract, please complete this form and return
it to us.)
To Easy English Intl
I/We
hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of
the following goods (*)/for the provision of the following service (*)
- Ordered on
(*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of
consumer(s) (only if this form is delivered in paper form)
- Date
(*)
Delete as appropriate.
4. Statements of prices and payment conditions
4.1.
EEI services and products are charged at the prices that applied when the order
was placed.
4.2.
The prices stated on www.EEI.de and in EEI print material are final prices and
include statutory value added tax insofar as this tax is chargeable for the
service or product in question. Face-to-face language instruction is exempt
from value added tax in Germany (Sect. 4 no. 21a and 21b UStG (Value Added Tax
Law)) meaning no value added tax is charged in this case.
4.3.
The applicable prices are derived from the description of the service or
product on www.EEI.de. The user agrees to pay this price. Payment is due when
the service or product is ordered.
4.4.
Payment in the online shop can be made by direct debit to the customer’s bank
account or by credit card. Payment for products or services booked via a EEI
center can be made by bank transfer, direct debit, or in cash. Payment
processing is handled by SIX Payment Services (Europe) S.A., Frankfurt (Main)
Branch Office, Dreieichstraße 59, 60594 Frankfurt, Germany, using the platform
SaferpayTM.
5. Special conditions
for face-to-face tuition and the EEI Virtual Classroom
5.1.
Conditions of instruction
A
lesson has a duration of 40 minutes. Each lesson is followed by a five minute
break. The customer agrees that an educational specialist employed by EEI may
visit a lesson for the purposes of quality control.
5.2.
Payment conditions
Depending
on the program booked, an additional service charge for consultative and
administrative expenses may apply. The exact amount is shown in the booking
process as "service charge".
The
customer is obliged to pay the tuition costs stated in the offer as well as the
service charge, as applicable, before the beginning of the first lesson unless
the instruction was booked online and other payment dates apply. In the case of
an installment payment agreement, the first installment shall be due at that
time. The remaining installments are automatically due every 4 weeks commencing
on the date of booking. Payment for all instructional materials shall be due
immediately upon receipt of the materials (although in most cases, each
individual is responsible for purchasing their own course books and material).
The contract concluded between the customer and EEI also serves as a
(recurring) invoice. Separate invoices are always issued for commercial
customers; otherwise a separate invoice shall be issued at the customer’s
express demand. Incoming payments shall always be set off against the oldest
receivable insofar as nothing else is specified at the time of payment. If the
customer allows the contract to rest for more than 6 months in that the
customer does not take any lessons, then EEI is entitled to adjust the prices
in the contract in line with the current prices. The customer shall be informed
accordingly by EEI center management. Lessons that have been paid for but not
taken shall be deemed to have been forfeited 3 years after the end of the year
in which the right to take the relevant lessons began.
5.3.
Total Immersion/ Private Instruction Premium/ EEI Happy Hour
The
customer’s individual instruction schedule is drawn up by the customer and the
management or reception desk of the EEI center, and not between the customer
and the instructors. If the customer is unable to attend a lesson that has been
scheduled, the customer is obliged to notify the EEI center by latest 2pm on
the day before the scheduled lesson. If this lesson is to be held on a Monday,
the customer must provide notification to this effect by latest 2pm on the
Friday before. In the case of a lesson via EEI Virtual Classroom, notification
of inability to attend must be received by latest 1pm on the previous day. If
the customer does not keep an appointment for instruction without cancelling by
this deadline, the lesson price will be charged to the customer. Lessons that
have not been taken but have been paid for can be transferred by the customer
to third parties via written notification to the EEI center. Cancellation of
lessons is regulated by section 5.9 of these GTC.
When
“EEI Happy Hour” individual instruction is booked, this instruction must be
taken in a EEI center within the following time periods: Monday to Friday from
12 noon to 3.30pm or Saturday from 8am to 2pm.
5.4.
Individual Instruction Compact
Instruction
must be taken for a minimum of 1-20 lessons per week and these lessons must be
scheduled in advance. All lessons and lesson materials must be paid for in full
prior to the first lesson commencing. The customer may cancel the contract at
least 5 weekdays before the first lesson begins. Cancellation at a later date
is not possible. Reimbursement of course fees for lessons that have been paid
for but not taken is not possible if the contract is not cancelled on time.
5.5.
Group Instruction
The
starting times correspond to the information on www After consultation and in
agreement with the course participant, EEI may move a customer into another
group for pedagogical reasons if this is deemed to improve the learning
progress of the whole group or of the individual customer.
Cancellation
An
introductory orientation lesson which is scheduled with the customer takes
place before the start of group tuition via “EEI Virtual Classroom”.
Cancellation of group tuition via “EEI Virtual Classroom” is free of charge up
to one day before the introductory orientation lesson takes place.
Cancellation
of face-to-face group tuition is free of charge if it is made at least 4 weeks
before instruction begins. If the cancellation notice for a group course is
received at a later date but before the first lesson begins, a cancellation fee
of 20% of the instruction fee shall be charged. If the cancellation notice for
a crash course (at least 20 lessons per week) is received at a later time, but
at least 5 days before the first lesson begins, the cancellation fee shall be
50% of the instruction fee; otherwise, if the cancellation notice is received
before the first lesson begins the cancellation fee shall be 70% of the
instruction fee. The customer shall have the right to prove to EEI that the
expenses saved by the cancellation provide justification for a significantly
lower cancellation fee or for no cancellation fee. For face-to-face group
courses which have already commenced, the following applies: If the customer is
unable to take part in a lesson (for example due to illness, holiday or
professional obligations), the instruction fees must be paid. The contract can
be cancelled with a notice period of 4 weeks effective at the end of a month
but at the earliest after the first four weeks of the course.
A
termination of face-to-face group tuition without notice, either by the
customer or by EEI, is possible only for good cause. If the customer does not
comply with the payment obligations and is thus in default, then EEI is
entitled to cancel the contract without notice. Notice of cancellation must be
provided in text form (purs. to sec. 126 b BGB: email, telefax etc.) to be
effective. If the customer continues to participate in lessons following the
expiry of the agreed duration of instruction, then this shall be deemed to be
an extension of the contract in accordance with the contractual conditions then
current.
Minimum
number of participants in a group:
Each
group has a minimum number of participants. If this number is not reached, the
number of lessons required is reduced whilst the tuition costs and payment
conditions remain unchanged (flexible lesson adjustment).
Semi-Private
2 participants: 50 lessons
1 participant: 28 private lessons or course postponement
Intensive
Group
4-6 participants: 80 lessons | 60 lessons | 40 lessons | 20 lessons
3 participants: 68 lessons | 50 lessons | 34 lessons | 16 lessons
2 participants: 50 lessons | 40 lessons | 25 lessons | 12 lessons
1 participant: course postponement
Virtual Intensive
Group
3-5 participants: 60 lessons | 48 lessons
2 participants: 48 lessons | 39 lessons
1 participant: 22 private lessons | 18 private lessons or course postponement
Crash
Course
4-6 participants: 50 lessons
3 participants: 40 lessons
2 participants: 30 lessons
1 participant: 16 lessons Private Instruction or course postponement
Educational
leave
7-10 participants: 40 lessons (includes 5 project-work lessons)
4-6 participants: 40 lessons (includes 10 project-work lessons)
1-3 participants: course postponement or alternative course location
EEI
Maxi Group (10+ participants)
11-16 participants: 100 lessons
8-10 participants: 80 lessons
6-7 participants: 60 lessons
<6 participants: course postponement
In the case of courses with different numbers of lessons the alignment is in
accordance with this guideline.
Kids
& Teens Courses
Weekly
Courses
7-10 participants: 60 lessons
6 participants: 50 lessons
4-5 participants: 30 lessons
1-3 participants: course postponement
Weekly
Courses (Intensive Group)
4-6 participants: 44 lessons
3 participants: 34 lessons
2 participants: 22 lessons
1 participant: course postponement
Holiday
Course
7-10 participants: 30 lessons
6 participants: 25 lessons
4-5 participants: 15 lessons
1-3 participants: course postponement
Holiday
Course (Intensive Group)
4-6 participants: 20 lessons
3 participants: 15 lessons
2 participants: 10 lessons
1 participant: course postponement
EEI
is entitled to dissolve a group or reduce the number of hours of group
instruction if the minimum number of participants is not reached. If EEI
dissolves a group, EEI is obliged to return the fees paid for lessons that were
not held.
The
following rule applies to group courses for kids and teens. If a child disrupts
a course in a way that prevents the other children from participating in lively
language tuition, then the course instructor is entitled to refuse this child
future participation in the children’s program. In this case, all course fees
for future lessons that have not been used but have already been paid for shall
be reimbursed by EEI.
5.6.
Corporate Group Premium
The
group size for face-to-face language tuition shall not exceed 10 participants.
For group tuition via “EEI Virtual Classroom” the group size shall not exceed 6
participants. The conditions regulated by item 5.3 apply to the entire company
internal group.
5.7.
Corporate Group Compact
The
group size shall be a maximum of 6 participants. The instruction schedule per
group includes a minimum of 60 lessons that must be used within 10 weeks.
During these 10 weeks, appointments can be changed in accordance with the
conditions that apply to “Individual Instruction Premium”. The company can cancel
the contract before the first lesson with a notice period of 5 working days;
cancellation at a later time is not possible. Course fees for lessons that have
been paid for but not used shall only be reimbursed if they are cancelled
before the deadline.
5.8.
Technical prerequisites to take part in tuition via “EEI Virtual Classroom”
In
order to participate in tuition via EEI Virtual Classroom, the customer must
have access to a fully functional headset and a broadband internet connection.
The customer is responsible for ensuring that the technical requirements are
met.
5.9.
Cancellation, reimbursement claims
The
instruction programs listed in item 5.3 can be cancelled at the latest by 2pm
on the day before the scheduled lesson or, in the case of instruction in the EEI
Virtual Classroom, at the latest by 1pm on the day before the scheduled lesson.
In these cases the customer may demand reimbursement of course fees for lessons
that have been paid for but have not been taken. This applies to lessons which
would have had to be taken after expiry of the cancellation deadline.
Separate
or differing written agreements between the customer and EEI are possible.
Reimbursement of fees for lessons that have been paid for but have not been
taken is excluded after expiry of the statutory limitations period.
Reimbursement of the costs for teaching materials that have been paid for and
delivered and reimbursements of service charges shall also be excluded.
6. Special terms and
conditions for EEI Language Camps
6.1.
Parties to the contract and organizers of the camps
The
parties to the contract are the below-mentioned organizer of the camp and the
legal guardian who signed the registration form authorizing the child’s
participation. Therefore the legal guardian who signed the form is the
‘customer’ within the meaning of these terms and conditions. In registering the
child, the customer confirms that all the child’s legal guardians consent to
the child’s participation in the camp. Should this not be the case, the
customer is liable to EEI for any resulting damage, losses and/or claims
arising. Notwithstanding paragraph 1.3 of these terms and conditions, the
contractual partner for the booking of language camps is the organizer of the
camp in question. The organizer is determined as follows:
Camps
in Germany, Ireland and Great Britain are conducted by Easy English Intl, which
is your contractual partner in these cases. EEI Language and Business Training
S.à.r.l. is the contractual partner for camps conducted in Luxembourg. The EEI
Schools of Languages AG is the contractual partner for camps conducted in
Switzerland.
6.2.
Payments
Payments
for online bookings via www.EEI.de must be made by direct debit or credit card,
and payments for offline bookings via an agency must be made by direct debit or
bank transfer. Credit card payments are only possible for the full amount. Upon
conclusion of the contract and following receipt of the guarantee certificate
pursuant to Sect. 651k par. 3 BGB, a down payment of €165.00 per participant is
due and will be credited against the total price of the travel package. The
down payment must be made to EEI within one week of receipt of the travel
confirmation with guarantee certificate. If the holiday is booked less than 6
weeks before departure, the entire holiday price is due for payment at this
point. The remaining payment is due 6 weeks before departure without need for a
further request for payment, unless otherwise agreed. The travel documents are
sent by e-mail three weeks before departure provided the travel package has
been paid in full. EEI assumes no liability if the travel documents cannot be
sent on time because of delayed receipt of payment. If the customer does not
make the down payment or fails to make the remaining payment within the
aforementioned due deadlines, EEI is entitled to withdraw from the contract
after making a payment demand with set deadline on pain of refusal of further
performance, and to charge withdrawal costs to the traveler pursuant to section
6.5.
The
customer does not have any right to receive the travel documents or to make use
of travel services until the travel package price has been paid in full.
6.3 Subject matter of the contract
The
subject matter of the contract is the legally binding participation in the
language camp offered according to the descriptions contained in the EEI camp
catalog and on the EEI website (www.EEI.de). Shared transfers are only subject
matter of the contract with consideration to the availability and after a
transfer fee has been paid.
In
the event that changes and variations in individual services from the agreed
content become necessary after the conclusion of the contract and are not
brought about by EEI contrary to good faith, such changes and variations are
permitted as long as they are not extensive, do not significantly alter the
overall service and do not impair the offer of the trip as a whole. EEI agrees
to inform the customer of all changes and variations to the services agreed and
the reason for the change without culpable delay upon becoming aware of them.
Any warranty claims remain unaffected, should any amended services be faulty or
incomplete. In the event of necessary, extensive changes or variations to
individual services, the customer is entitled to withdraw from the travel
contract without penalty. Alternatively, the customer may demand participation
in another language camp of equal or greater value, provided that EEI is in a
position to offer such an alternative language camp from its own range of
offers at no extra cost to the customer. The customer must assert this right
vis-à-vis EEI without culpable delay upon receipt of a declaration from EEI
informing the customer of the change to the agreed service. This declaration by
EEI informing the customer of the change must be made directly to the customer
without delay as soon as EEI becomes aware of the reason that justifies the
change.
Service
providers (such as local language schools) and/or travel agencies are not
empowered by EEI in any way to make assurances or to reach agreements that go
beyond or contradict any of the statements in the service descriptions in the
catalog or on the EEI website, or to modify any of the contents of the travel
contract confirmed by EEI to the customer.
6.4 Duration of contract and cancellation
The
duration of the contract is based on the content of the service description for
the camp booked. Cancellation during the duration of the contract is only
possible for good cause (extraordinary cancellation for a compelling reason
within the meaning of Sect. 314 BGB). Good cause must be credibly demonstrated
at the time of cancellation. Corresponding documentary evidence must be
attached. If the trip is seriously hindered, endangered or impaired due to unforeseeable
force majeure (e.g. extreme weather conditions at the course location) then
both EEI and the customer may cancel the contract. If the contract is
cancelled, EEI may demand reasonable compensation for the services that have
been or must still be rendered in order to terminate the trip.
6.5 Withdrawal from the contract
Customer’s
right of withdrawal
The
customer may withdraw from the trip at any time before its commencement. The
date on which EEI receives the notice of withdrawal is definitive. We recommend
that the customer provide notice of withdrawal by means of a registered letter
with proof of receipt to Easy English Intl, Hahnstrasse 68–70, 60528 Frankfurt,
Germany.
The
customer is not obliged to pay the cost of the travel package if they withdraw
from the contract. However, EEI may still demand reasonable compensation. This
is determined on a pro-rata basis as follows:
- Withdrawal at least 4
weeks before the agreed departure date: €165.00
- Withdrawal less than 4
weeks before the agreed departure date: 100% of the price of the travel package
- If the customer does
not start the trip but did not issue a notice of withdrawal or cancellation:
100% of the travel package price.
In
all cases, the customer is then at liberty to prove to EEI that the expenses
and effort saved through the participant’s absence as well as other use of the
travel services that thus became available justify a lower level of
compensation or none at all.
EEI’s
right of withdrawal
If,
for example, the minimum number of 12 participating persons is not achieved, EEI
may withdraw from the travel contract in accordance with the following
provisions:
Withdrawal
by EEI is possible up to 4 weeks before the agreed departure date. EEI is
obliged to inform the customer once it has been established that the trip will
not be held because the minimum number of participants has not been reached. In
this case, EEI will send a notice of withdrawal to the customer without delay
and the cost of the travel package paid by the customer will be refunded
immediately. In the event of withdrawal by EEI because the minimum number of
participants has not been reached, the customer may request participation in
another language camp of equal or greater value, if EEI is able to offer such a
camp from its own range of offers, at no extra expense to the customer. The
customer must assert this right vis-à-vis EEI without delay upon receiving the
notice of withdrawal by EEI.
EEI
may cancel the contract after departure with immediate effect if a participant
continually disrupts implementation of the contract despite receiving a warning
from EEI or if the participant behaves in violation of the contract to such an
extent that immediate cancellation of the contract is justified (extraordinary
cancellation for a compelling reason within the meaning of Sect. 314 BGB). If EEI
is forced to cancel the contract for good cause, EEI retains its fundamental
right to receive the travel price; however EEI must take into account the value
of the expenses and effort saved through the participant’s absence as well as
any revenues from other use of servicers not used by the participant, including
any amounts credited to EEI by its service providers.
6.6 Language camp rules, interruption and
premature termination of stay
Children
and adolescents must comply with the camp’s house rules and follow the
instructions of its supervisors. The consumption of alcohol or illicit drugs is
strictly forbidden. We do not grant any refund for services that were not used
or for payments already made for children who interrupt or terminate their stay
in the camp prematurely for reasons for which EEI bears no responsibility.
Children with infectious diseases cannot be allowed to continue their stay in
the camp in order to avoid the risk of infecting other participants as much as
possible. A refund is also excluded if a child has to leave the camp due to
their own misbehavior. Should a child need medical assistance during their stay
in the camp, all additional expenses such as for visits to doctors and hospital
as well as for other required medical care are to be borne by the legal
guardians. These costs are to be reimbursed immediately upon presentation of
receipts insofar as they have been paid in advance by EEI. EEI strongly
recommends taking out an individual travel cancellation and curtailment
insurance policy before the commencement of travel.
6.7 Rebooking
If
an enrolled course participant moves to another federal state of Germany in
which the school vacation dates conflict with attendance at the camp, and if
this is proved by presenting appropriate documents, then a free rebooking for
another camp which is held during the new school vacation period is possible,
provided there are vacancies at this other camp. If there are no more suitable
vacancies, the amount paid for the camp will be reimbursed.
6.8 Substitute programs
Information
about the scope of services in the camp can be obtained online at www. In the
case that performance of a program item becomes impossible in a particular case
due to force majeure (e.g. bad weather), EEI reserves the right to implement a
substitute program. Cancellation of the camp because of such a change to a
program item is not possible.
6.9 Warranty, remedy
If
the trip is not provided in accordance with the contract and there is thus a
deficiency in the trip, the customer is entitled to demand a remedy. EEI can
refuse the remedy if this would involve disproportionate effort. EEI may also
provide a remedy in such a way that substitute performance of equal or greater
value is provided.
The
customer may demand a corresponding reduction in the price of the travel
package for the time during which the trip was not conducted in accordance with
the contract. The travel price is reduced in accordance with the ratio of the
full value of the defect-free trip as agreed at the time of sale to its actual
value in view of the defect. There is no right to a reduction in price if the
customer culpably omitted to notify EEI of the defect.
If
the trip is seriously impaired as a consequence of a deficiency and if EEI does
not provide any remedy within a reasonable period of grace to be set by the
customer, the customer may cancel the travel contract in accordance with the
statutory provisions. We recommend that the customer declare such cancellation
by means of a registered letter with proof of receipt. A period of grace for
providing a remedy may be dispensed with only if there is no remedy, or if EEI
definitively refuses to provide a remedy, or if immediate termination of the
contract is justified by a special interest on the part of the customer. As a
result of such a cancellation by the customer, EEI loses its right to be paid
the price of the travel package. However, EEI may demand compensation for the
travel services that have already been rendered as well as for the travel
services, if any, which are to be rendered in order for the customer to
complete the trip. The amount of this compensation in relation to the original
travel package price shall be calculated according to how much lower the value
of these services is in relation to the value of the original entire package.
However, the customer shall not be required to pay any compensation if these
services are of no further interest to the customer after the contract is
cancelled.
The customer may demand compensation for non-fulfillment without prejudice to
their mitigation or cancellation rights unless the deficiency in the travel
package is due to circumstances for which EEI bears no responsibility.
6.10
Limitation of liability
If EEI
does not either intentionally or through gross negligence bring about a
particular instance of damage or loss, EEI’s liability for contractual
compensation claims not related to physical injuries shall be limited to three
times the price of the travel package. The same shall apply even if EEI is
liable for such damage or loss only because of a fault of one of its agents or
executive employees.
EEI’s
liability is also restricted to three times the price of the travel package in
the case of compensation claims for property damage due to unlawful acts unless
these claims are caused by intent or gross negligence.
EEI
assumes no liability for damage to health or other injuries to participants or
third parties unless these are to be attributed to conduct of EEI or its
supervisory staff that is culpably in violation of their duties. The same
applies to loss, theft or damage relating to items brought by a participant to
the camp. Insofar as damage to property of third parties is to be attributed to
culpable conduct of the participant, the customer in question shall be liable.
This applies most especially to camp facilities and items brought into the camp
by EEI. Thus the customer agrees to review his or her current third-party
liability and personal accident insurance (family insurance) policies accordingly.
EEI recommends, purely as a precaution, that expensive electronic devices,
jewelry and similar valuables should not be brought into the camp.
Within
the framework of the organized shared transfers, EEI accepts no liability in
case of delay or cancellation of services by DB. This also applies to missed
connections or not receiving a reserved seat due to train or schedule changes.
Shared transfers can be booked until the maximum number of participants is
reached. Shared transfers must be booked at the latest 3 weeks before the camp
starts. Customers are not entitled to shared transfers.
7. Special conditions
for training in the area of intercultural competence and leadership/management
competence
7.1.
Seminar fees
The
participation fee shall be due following receipt of the invoice.
7.2.
Cancellation and rebooking
To
be effective cancellations require to be in text form (purs. to sec. 126 b BGB:
email, telefax etc.). Cancellation of a seminar shall be free of charge if
notice is received at least 2 weeks before the seminar takes place. If the
cancellation notice is received at a later date, the entire seminar fee shall
be charged. The cancellation notice must be provided in text format to be
effective. The customer shall have the right to prove to EEI that the expenses
saved by the cancellation provide justification for a significantly lower
cancellation fee or for no cancellation fee.
Free
rebooking from one seminar to another comparable seminar is possible only up to
1 week (7 days) before the seminar begins and then only with the consent of EEI.
7.3.
Cancellation of a seminar
EEI
reserves the right to cancel any seminar due to a speaker cancellation. EEI
shall undertake to inform the participants of cancellation without delay. In the
event of a cancellation, EEI will reimburse the fees that have already been
paid.
7.4.
Online Live Seminars
Special
conditions (see section 8) apply to the Online Live Seminars (OLS).
8. Special conditions for Online Live Seminars
(OLS)
8.1.
General:
OLS
are offered both to companies for in-house group training (in-house OLS via the
Internet) and to individuals for private or business purposes in the form of
open training (open OLS) on arranged dates.
8.2.
Registration
Customers
can register for an OLS on the EEI online shop or at their local EEI center. EEI
will provide the customer with electronic confirmation of their registration.
Submitting a registration request does not give entitlement to participation,
in particular if the maximum number of permitted participants is exceeded.
EEI
will process the registration requests in the order they are received. EEI will
provide customers with electronic confirmation of registration to confirm
participation, which concludes the contract between EEI and the customer.
The
confirmation of registration will give the date and time of the OLS as well as
log-in details and technical access requirements.
It
will be sent to the customer at the latest one week prior to the date of the
OLS, provided that the booking was not made at short notice (less than one week
before the arranged date).
If EEI
is unable to accept the registration, the customer will be notified of the
cancellation and alternative dates and times will be proposed if applicable.
8.3.
Participants
For
the in-house OLS, 12 participants per OLS is the maximum limit.
For
the open OLS, the required minimum number of participants is 7 and the maximum
limit is 12 participants.
If EEI
does not receive the required minimum number of registration requests, it is
entitled to postpone or cancel the OLS. Customers/participants who have already
registered will be informed about the postponement or cancellation in
sufficient time prior to the arranged date of the OLS.
8.4.
Delivery of an OLS
The
participant will “enter” the virtual classroom at the arranged time by
following the instructions in the confirmation of registration, which also
indicates any technical requirements for access to the training. As a minimum,
participants will need Internet access, a Web browser and either a landline or
cell phone. In some cases, participants may need to install an additional
plug-in. As preparation for an OLS, EEI will send participants a “connectivity
test” so that they can check their computer’s suitability. If this test shows
that the computer system is unsuitable, the participant must ensure that the
technical requirements are met.
The
announced instructor greets the participants and checks who is present. The
instructor will then begin the training seminar, with or without a full
attendance of participants.
An
OLS will usually be divided into two blocks of 90 minutes. During the interval,
the participants are assigned tasks to reinforce understanding of the content.
At
the end of the OLS, summarizing training documents will be sent electronically
to the participants.
8.5.
Instructors and content
EEI
is entitled to replace the announced instructor with an equally suitable
instructor, for example due to illness or other important reasons. The
customer/participant will be informed of the replacement without delay.
If EEI
is unable to find a suitable instructor for the arranged date and time, or if a
technical fault or an unavoidable event occurs preventing the delivery of the
OLS by EEI, then EEI may either postpone or cancel the OLS.
Customers/participants who have already registered will be informed about the
postponement or cancellation in good time prior to the arranged date of the
OLS. Any payments made in advance will be refunded to the customer in the event
of cancellation.
EEI
accepts no liability for the seminar content and training documents being
correct or up-to-date.
8.6.
Cancellation by the customer
The
customer may cancel the OLS free of charge up to two weeks prior to the date of
the seminar. If the cancellation is made with less than two weeks to go, the
full agreed payment will be due.
9. Special conditions
for EEI e-learning, blended learning and private instruction via telephone
9.1.
General
In
this product segment, EEI offers courses which are conducted by telephone
and/or via the Internet (also called “services” in this section).
9.2.
Participants
When
placing an order, the customer states the names of the participants and assures
EEI that these persons are aware of these GTC and shall adhere to them. The
customer also expressly agrees to protect all access data and passwords in the
customer area in such a way that unauthorized use of EEI services by third
parties is impossible. Only those persons who are assigned a user name and a
personal password shall be granted access to an online service. EEI does not
grant its customers reimbursement for any licenses that are rarely used or not
used at all.
9.3.
Duration of the training, license and online audit
Once
a contract has been signed or a purchase has been made in the online shop, the
customer receives an e-learning/blended learning license which shall be valid
only for the duration of the course booked in the relevant contract. In the
case of private instruction via telephone, the lessons must be taken by the
latest 31st December of the following year after the license was purchased. EEI
and EEI customers shall strive to ensure that the courses take place in a time
period which corresponds to the pedagogical recommendation made by EEI.
Before
an online training course commences, an online audit (an online placement test)
must be completed. Upon completion the level, goals and relevant professional
content of the training shall be stipulated for each participant. The duration
of the online audit is approximately 30 minutes.
9.4.
Changes to the contract, reorganization of the course
Reorganization
of telephone courses (change of course contents, of language or other similar
changes) or the assignment of course units to another course participant is
possible at any time at the customer’s request. Such a change is charged to the
customer for the equivalent value of two telephone lessons. A license can only
be transferred to another participant within 30 days of the original
participant being issued with the license. This is provided that the original
participant has not yet completed the online audit or used the license.
9.5.
Responsibility for technical prerequisites
Every
participant is responsible for having the use of a computer and telephone
connection that are in good working order and for keeping them properly
serviced. Each participant shall bear the cost for the Internet connection
needed to access EEI services. EEI accepts no warranty whatsoever that the
services offered by EEI can actually be used with the computer or telephone of
the participant.
9.6.
Terms of payment
The
price of telephone courses that have been booked through the NetPlanning
organizational platform covers the costs of telephone calls to land line
connections in the countries listed at upload/pdfs/countries_telephone.pdf.
Skype can be used free of charge for all other countries. The customer shall be
invoiced for any additional costs arising for courses in other regions or
countries. These additional costs shall be calculated in accordance with the
rates charged by the relevant telephone provider used by EEI and shall be
stated on the EEI cost estimates and invoices. Interim changes in these rates
shall be passed on to the customer.
In
the event of a default in payment, EEI can suspend continuation of all ongoing
orders without prejudice to the exercise of any other rights.
9.7.
Courses via internet (e-learning and/or blended learning) − system requirements
The
customer and its participants can access their course program 24 hours per day
and 7 days per week through the Internet with their user name and personal
password from any computer that is equipped with Internet access, the software
Flash Player Version 10.3 or higher (for CyberTeachers Live Version 11.2 or
higher), any of the web browsers Internet Explorer 8 or higher, Firefox 3 or
higher, Chrome 9 or higher, Safari 4 or higher, Edge 20 or higher, and the
operating systems Windows XP, Vista, Seven, 8, 8.1, 10, or Mac OS X 10.4 or
higher. The EEI programs do not work or work only with restrictions using the
Netscape browser. The customer's computer must also be equipped with a sound
card (Sound Blaster® compatible), earphones or a loudspeaker, and a microphone
to ensure ideal use, in particular of multimedia functions. The network
connectivity must meet the following requirements: 512 Kbits/s or higher,
network ports: TCP 80, 443. Regarding the hardware the following requirements
must be satisfied: CPU: Processor speed 1.5 GHz or higher, memory: 512MB or
higher, display resolution: 1024 x 768 or higher, soundcard and headset with
microphone.
The
customer shall assume responsibility for the necessary technical equipment for
all participants that he/she registers. Under no circumstances whatsoever can EEI
or any of its agents be held responsible for the functional operation and
maintenance of the computers in use and/or provision of computers which are
properly equipped to follow the course through the Internet. The costs for the
internet connection required to use the online language audit classification
test, NetPlanning, courses through the Internet and/or the Online ReTest shall
be solely borne by the customer.
The
online training courses which EEI offers via the internet can require the
participant to call up external websites or links which are not under the
jurisdiction of EEI. EEI cannot be held responsible for any financial losses or
other damage sustained by the customer or its participants when they leave the
didactic context of the EEI service platform.
In
the case of an interrupted connection for more than 48 hours on work days for
which EEI bears responsibility, the service can be extended at the request of
the customer for a corresponding period of time if the customer can prove this
interruption occurred.
CyberTeachers
App
For CyberTeachers with English as language of instruction there is a gratis app
which can be used within the validity period of the license.
Android devices: Smartphones which support Android 4, tablets 7‘ and 10‘
supporting Android 4. Operating system: Android 4.0.x Ice Cream Sandwich,
Android 4.1.x Jelly Bean, Android 4.2.x Jelly Bean, Android 4.3.x Jelly
Bean.
Apple iOS devices: iPod Touch 5th generation, iPhone 4, 5, 6, iPad und iPad
mini 2, 3, 4 and Air. Operating system: iOS 7, 8 and 9.
9.8.
Organization of individual instruction via telephone
One
telephone course unit lasts 30 minutes and can be booked by participants at all
times. Course units begin at the start of every half hour (e.g. 7am, 7.30am,
8am, etc.). Participants shall plan their courses themselves using the
“NetPlanning” reservation platform provided by EEI.
Telephone
courses can be taken either by telephone or via Skype.
If
the participant wishes to take lessons via Skype, he/she shall provide his/her
Skype ID when making the lesson reservation. The participant shall confirm the
Skype contact in order for the course instructor to contact the participant at
the agreed time.
If
the participant wishes to take lessons via telephone, the course instructor
shall call the participant using the landline connection specified in the
reservation placed in NetPlanning. Under no circumstances may the participant
call his or her instructor by telephone. EEI does not provide a telephone
connection in order for a participant to take lessons via telephone. All
customers shall be responsible for ensuring that the telephone systems they use
for telephone courses are in good working order. If the customer is unable to
participate, then he/she must cancel his/her reservation at least 6 hours
before the originally agreed start of the lesson. This cancellation may only be
made via the NetPlanning reservation platform. If this cancellation is not made
at least 6 hours before the course start, or if a course is aborted after it
has begun, then this course unit shall be deemed to have been delivered and
shall be charged the customer accordingly. In this case, an email with
notification that the course unit has been charged shall be sent to the
participant.
9.9.
Termination
Licenses
in the e-learning product segment can only be terminated within 30 days of the
customer receiving the access data and only if the license has not been used.
The right of EEI or the customer to terminate immediately for good reason shall
not be affected by this. Private instruction by telephone can be cancelled
pursuant to section 5.9.
10. Cancellations in
text form
All contracts concluded with EEI can be
terminated in text form (purs. to sec. 126 b BGB: email, telefax etc.).
11. Liability
11.1.
EEI shall only be liable for compensation for damages in cases of willful
intent or gross negligence; however, EEI is also liable for negligent breach of
essential contractual duties (cardinal duties), i.e. those duties for which a
breach would endanger achievement of the purpose of the contract and with which
the other party to the contract can normally rely upon being complied. However,
in the case of a negligent breach of cardinal duties, EEI shall only be liable
for foreseeable damages which are typical for this type of contract.
11.2.
The above exclusions of liability shall not apply in case of loss of human
life, bodily injury or damage to health. The provision of the German Product
Liability Act shall remain unaffected by this clause. Exclusion or limitation
of the liability of EEI shall also apply to the personal liability of its legal
representatives, employees and other agents.
12. Advertising
EEI
uses and processes the personal data of each customer for its own promotional
purposes by sending the customer information about goods or services which are
similar to those already ordered or booked by the customer. The customer may
revoke permission to this use of his or her data at any time by sending an
email with subject line “Datenschutz” to [email protected].
13. Final provisions
13.1.
The law of the Federal Republic of Germany shall apply to the exclusion of the
UN convention on the International Sale of Goods (CISG). If the customer is a
consumer, this choice of law shall only apply insofar as this choice does not
cause the consumer to be deprived of the protection provided by mandatory
provisions of the law of the country in which he or she normally resides.
13.2.
In the event of a dispute concerning the meaning or interpretation of a
provision in the English translation of these General Terms and Conditions and
where any doubt arises, the German version shall be authoritative.
13.3.
The place of jurisdiction shall be the location of the headquarters of Easy
English Intl, i.e. Frankfurt am Main, Germany, insofar as the customer is not a
consumer but a merchant, a legal entity of public law, or special assets under
public law, or the customer has relocated his or her residence or usual place
of abode to outside Germany after concluding the contract with EEI, or the
customer’s usual place of abode is not known at the time the action is brought.
13.4.
Changes and supplements to this contract must be made in text form (purs. to
sec. 126 b BGB: email, telefax etc.). Should any of the above provisions prove
to be ineffective, the statutory provisions shall apply. The principle of the
priority of individually agreed terms (Section 305b BGB) applies vis-à-vis
consumers.
14. Online platform
(ODR platform) for out-of-court dispute resolution
Within
the context of our online offering we are obliged to refer you to the platform
for online dispute resolution (ODR) from the European Commission which is
available at: www.ec.europa.eu/consumers/odr.
15.
GDPR and Privacy Please see our privacy policy on the website, and note that we
do not collect or store any user information on our website, except students
name, email address and purchase history.
These minimal collections are necessary for book keeping.
Date: Jan 2019
