AGB

Terms of Service of GRB Gemeinnütziges Rheinisches Bildungszentrum GmbH


Preamble

GRB Gemeinnütziges Rheinisches Bildungszentrum GmbH (hereinafter termed “GRB“) is the operator of Studienkolleg Düsseldorf (hereinafter termed “Studienkolleg“), which offers Preparatory Courses preparing participants (hereinafter termed „students“) for the “Examination to Assess the Qualification of Foreign Applicants for Admission to Universities in the Federal Republic of Germany” as well as German courses intended to prepare students for German language examinations according to the purposes and conditions set out below.

The following contractual terms shall apply to the tuition agreement between students and GRB:

§1 General Terms and Conditions

(1) The following General Terms and Conditions govern the tuition agreement concluded between students and GRB. The agreement shall be ruled by the version of the General Terms and Conditions in force at the time that the agreement is entered into.

(2) GRB is entitled to alter and/or supplement these General Terms and Conditions with a reasonable notice period. Students shall be apprised of each change via e-mail, using the e-mail address that they provided at the time they signed the tuition agreement. Unless students enter an objection within four weeks after the e-mail notifying them has been sent, the new General Terms and Conditions become valid. If students enter an objection within the notice period, the changes do not become valid for this particular person. In this case according to §305b BGB individual contract agreements take precedence over general term and conditions.

§2 Agreement/Contract Conclusion

(1) Students register using the registration form provided on the website of Studienkolleg Düsseldorf. Students may register per post or via e-mail. The completed registration form must be mailed to the following address: Studienkolleg Düsseldorf, Grafenberger Allee 87, 40237 Düsseldorf; Germany; or sent as a scanned PDF file via e-mail to: info@stk-duesseldorf.de.

(2) Students can only enroll in the courses on offer.

(3) Registration constitutes a binding offer on the part of students to enter into a tuition agreement. GRB is entitled to accept said offer within four business days after receiving it. Silence on the part of GRB after having received the customer’s offer never constitutes an acceptance of such offer. In case GRB should decline the offer, GRB is not obliged to give any reasons.

(4) Agreements are concluded by GRB expressly accepting the offer by means of an e-mail to the e-mail address provided by the student at the registration. The tuition agreement becomes valid when a student signs a contract, either per hand or digitally. Only through the act of GRB accepting the offer does the tuition agreement between GRB and the student come into effect.

§3 Subject-Matter of the Agreement

(1) German courses

Subject-matter of the agreement is the tuition on offer, intended to prepare students for a desired level of language. In the German language courses, students are taught with the objective of preparing them for an examination of their German-language proficiency according to the Common European Frame of Reference for Languages at the desired proficiency level. In the DSH-course, students are taught with the objective of preparing them for “Die Deutsche Sprachprüfung (DSH)”, i.e. the “German Language Test for the Admission of Foreign Study Applicants” (DSH).

(2) Preparatory courses

Another subject-matter of the agreement are the preparatory courses offered at the Studienkolleg Düsseldorf to prepare students for the external “Examination to Assess the Qualification of Foreign Applicants for Admission to Universities in the Federal Republic of Germany” (German transl.: “Prüfung zur Feststellung der Eignung ausländischer Studienbewerberinnen und Studienbewerber für die Aufnahme eines Studiums an Hochschulen in der Bundesrepublik Deutschland”) in the German state of North Rhine-Westphalia, administered by the district government of Cologne. In the T-, W-, M- and G-courses, the contents of four relevant examination subjects for each course are taught.

(3) Passing the examinations does not form part of the services contractually owed by GRB and no assurances regarding the passing of these examinations are made.

(4) Students are neither entitled to be taught by specific course directors, or at specific times, or in specific premises, nor to determine the way and manner of the classes held. GRB is solely responsible for choosing the course contents, the time and place of the courses, the way the courses are held, as well as for the choice of course instructors. GRB is entitled to change stipulations unilaterally according to clauses 1 and 2 in §3, depending on certain conditions and demand of the market. In doing so, GRB is entitled to consider the legitimate interests of students and to avoid disadvantages for the participants.

§4 Time and Place of the Measures

(1) As a rule, tuition takes place from Mondays through Saturdays. According to the weekly circumstances and availability of teachers certain changes might occur.  The total number of teaching units is not to be affected by these changes. Duration, course contents, as well as the manner of the course held will be communicated to students well in advance before course begins via e-mail.

(2) Place of fulfillment is the premises of Studienkolleg Düsseldorf, Grafenberger Allee 87, 40237 Düsseldorf or online. Only GRB is entitled to determine the place of fulfillment.

§5 Duties of GRB

GRB is obligated to implement the measures in a dutiful manner and is bound to take steps to ensure that

(1) the curriculum is adhered to,

(2) an adequate replacement is available in case a course director is unable to attend,

(3) knowledge required for attaining the goal of the measures is passed on,

(4) solely lecturers whose training and professional experience qualify them for the task are entrusted with implementing the measures,

(5) the required equipment and rooms for implementing the measures are provided.

(6) learning success of the individual course participant is neither contractually owed nor can it be assured/guaranteed.

§6 Minimum Number of Course Participants

(1) A minimum of 4 participants is required for a language course to take place. GRB is entitled to adjust the course according to the respective number of course participants and to alter the number of teaching units if required, while the payment conditions remain unaltered. The number of teaching units for the language course might vary from 48 to 80 per month depending on the group size and the language level of the course.

Should there be 3 or less than 3 participants the course will be postponed by one month or to the next possible date.

(2) A minimum of 15 participants is required for a preparatory course to take place. Should there be less than 15 participants GRB reserves the right to postpone the course by one semester for free.

§7 Students’ Duties

(1) Once the tuition agreement has been concluded, students are obliged to pay their tuition fees in full and in a punctual manner according to § 8.

(2) Students undertake to participate regularly in classes and constantly strive to acquire the requisite knowledge and skills, dutifully to fulfil the tasks assigned to them and to contribute to their own individual success.

(3) Students undertake to participate in measures intended to assess their learning progress, whenever such measures are planned.


(4) Students undertake to follow the instructions given by the tutors and the teaching staff.

(5) Students undertake to have their school-leaving certificates checked by a qualification recognition office (i.e. “Zeugnisanerkennungsstelle”). The Studienkolleg is not to be held responsible for the refusal of the admission to the “Feststellungsprüfung” in case of insufficient qualifications or qualifications other than those mandatory for admission.

§8 Tuition Fees

(1) According to § 2 Section 4, once the tuition agreement has been concluded, students are sent a course cost estimate (Quotation). The amount of the tuition fees depends upon the Studienkolleg’s current price list. The prices are always to be found on the official website of the Studienkolleg (https://studienkolleg-duesseldorf.de/).

(2) The course fees are due from the moment onwards the cost estimate is sent.

(3) The course fees are to be paid within 14 days after sending of the contract acceptance by GRB. The cost estimate must be fully balanced no later than the end of the 14-day period. Timely payment of the course fees is a precondition for Studienkolleg offering its services. Sustaining the operations of Studienkolleg depends upon the punctual payment of the course fees.

(4) The total amount owed including any eventual bank charges is to be remitted in Euro (€) to the German bank account of Studienkolleg Düsseldorf:

Commerzbank
IBAN: DE22 3904 0013 0118 2880 00
BIC: COBADEFFXXX

(5) In case of non-payment within the 14-day period, GRB is entitled to extraordinary terminate the contract agreement.

(6) As a rule, the course fees are to be paid in full. In exceptional cases installment payments can be offered to the customers taking into account the special conditions. It can only be managed with the consent of GRB.

(6.1) An administrative fee is to be added by installment payments.

(6.2) In case of non-payment within a deadline period, a warning letter will be sent to the course participants reminding about the course tuition. In case of non-payment within an updated payment deadline, GRB is entitled to extraordinary terminate the contract agreement.

§9 Course Discontinuation / Postponement/ Cancellation

(1) During the revocation period, § 12 applies. If a cancellation is uttered during the revocation period, the cancellation shall be treated as a revocation, causing the stipulations on the consequences of a revocation according to § 12 to be applied. If students have requested for the service to begin within the revocation period, they will have to pay a reasonable amount which corresponds to the service used up to that point as well as the registration fee.

(2) Cancellations must be submitted in writing and additional documents, such as a notice of rejection from the competent German embassy, may be demanded by Studienkolleg.

After the revocation period as set out in § 12 has expired, students may cancel the tuition agreement.

(3) If the cancellations submitted after the end of the revocation period but up to four weeks before the start of the course or earlier, the GRB charges a cancellation fee of €1,500 for preparatory courses and €150 for language courses per each language level. Administrative fee is to be charged either way. If the cancellation is submitted after the expiry of the revocation period and later than four weeks before the date on which the course in question is due to start, no reimbursement is possible.

(4) In case students fail to punctually commence their courses, the tuition period is moved forward to the next possible date taking into account the circumstances. In case the participation is impossible at this point either, the tuition period is postponed by another possible date. Still, there is no reimbursement of the course fees.

(5) If a rebooking or postponement of the course is desired, this must be done in writing at least 4 weeks before the start of the course. The first rebooking or postponement is free of charge. An amount of €45 will be charged in case of further rebooking or postponements of a language course. An amount of €150 will be charged in case of further rebooking or postponements of a preparatory course.

(6) GRB reserves the right to treat students as course participants, even if they do not appear to classes without prior agreement or notification.

(7) If a participant is unable to attend a course because the relevant authorities reject the required student visa (preparatory study visa for the students of preparatory courses and language visa for the students of languages courses), the participant will be refunded with a deduction of an administrative fee of €495 for preparatory courses or €150 per level of language course booked. In case the course has already commenced, an eligible fee will be charged. In such a particular case an official visa rejection of the German embassy must be presented. The reason for the visa rejection must be seen in the context of the Studienkolleg Düsseldorf. If Studienkolleg Düsseldorf is not mentioned in any way in the notice of rejection, the article 9 para. 3 is valid.

(8) This reimbursement possibility is limited exclusively to cases in which visas are not issued for “study-preparatory purposes” and is therefore not transferable to reasons for refusal other than those stated. Special services requested by the student which go beyond the course participation are also not refundable.

(9) In case students cancel their tuition agreements, GRB reserves the right to notify the German embassy responsible for issuing the entry visa of that circumstance, as well as other relevant authorities, such as BAföG. The student hereby gives an express consent to this procedure.

§10 Extraordinary Termination of the Tuition Agreement

Both parties are entitled to an extraordinary termination of the tuition agreement for important reasons. An important reason particularly exists if

(1) there are substantial grounds for suspecting that students have violated or are violating German law, in particular criminal law or residence regulations;

(2) there are substantial grounds for suspecting that students are violating ethical norms in a manner that cannot be tolerated by Studienkolleg, in particular by engaging in obscene, insulting, defamatory, ethically questionable, violence-glorifying, pornographic, harassing, racist, inflammatory, xenophobic, extremely right-wing, homophobic and/or otherwise reprehensible behavior;

(3) students reach an absenteeism rate of more than 30%, where in case of belated arrival in class solely the teaching unit that has already begun (45 minutes) shall be counted as having been missed,

(4) students do not comply with their obligations set in § 7,

(5) the deadlines of installment payments are not adhered to despite warning letters.

No reimbursement in the above-mentioned cases is possible

§11 Data Protection

Through its data protection statement, GRB informs students about the kind, scope, duration and purpose of gathering, processing and using personal data, about their right to free-of-charge information on the personal data pertaining to themselves that GRB stores, as well as about their right to correct, delete and block personal data pertaining to themselves that GRB stores.

(1) Data Protection Statement

(1.1) Access Data

If the visit to the website of the Studienkolleg without giving out any information regarding the person, the GRB only store the access data. These comprise, for example, the date and time of access, the referrer, the Web browser used and the name of the service provider. No person-related analysis of the data takes place. GRB solely analyses the data for statistical purposes.

(1.2) Person-related Data

Person-related data comprise all information by which a person may be identified directly or indirectly, e. g., name, address, e-mail-address, date of birth, profession or bank account. GRB only gathers person-related data if it was voluntarily shared whilst enrolling or whilst registering a customer account. GRB only uses person-related data for the duration of the implementation of the agreement. Once the agreement has been completely fulfilled and implemented, GRB blocks the data and deletes them once the statutory data retention periods have expired. Other conditions solely apply if it has been expressly agreed to any further use of the data.

(2) Cookies

The website of the Studienkolleg Düsseldorf uses cookies. These make it easier to access to the site when returning to the site and assist GRB in optimizing the offering. Cookies are small text files that are stored on the hard drive and which can only be read out again by the server once a data connection to the server is established. GRB uses both session cookies and persistent cookies. So-called session cookies are cookies that are deleted from the hard drive after each browser session. Persistent cookies remain on the hard drive, so that GRB will recognize the computer when the same computer visits the website of the Studienkolleg the next time. The browser may be set to accept cookies automatically, to notify each time about the setting of cookies, or to deny the use of cookies every time without asking.

(3) The Right to Information

Everyone has a right to receive free-of-charge information on any personal data that we have stored. Moreover, everybody may demand correction, blocking or deletion of the data which belongs to the person visiting our website.

(4) Passing on of Data for Delivery and Payment

For delivering goods and other items, GRB pass on such personal data with expressed permission as are required for that purpose to the subcontractor selected by GRB. For payment processing, the payment data will be transferred to the financial institution that GRB works with.

(5) Point of Contact on Data Protection Matters Are there any questions regarding the gathering, processing or use of the person-related data, or is there any desire information on, correction, blocking or deletion of data? Or is there a wish to retract the permission? In that case, please contact: info@stk-duesseldorf.de.

§12 Instructions on Revocation Rights

(1) Right of Revocation

Students have the right to revoke this agreement within fourteen days without giving reasons.

The allocated revocation period is fourteen days, effective the day after the student or an assigned third party signed the contract. In order to exercise the right to revocation, students need to inform GRB via a postal letter addressed to Studienkolleg Düsseldorf, Grafenberger Allee 87, 40237 Düsseldorf, or via E-Mail to the following address info@stk-duesseldorf.de, of the decision to revoke this agreement.

The timely dispatch of the revocation before the expiry of the revocation period shall be deemed sufficient for compliance with the revocation time limit.

(2) Consequences of Revocation

If students revoke this agreement during the revocation period of fourteen days, GRB is obliged to reimburse the students without delay for all payments received from the student, at the latest within a period of fourteen days after the received notice of the revocation of this agreement. Under no circumstances will any fees be charged due to this reimbursement. In case students requested that the services rendered should commence while the revocation period was still running, students are obliged to pay a reasonable amount corresponding to the proportion of the services already rendered before apprising GRB of the decision to exercise the revocation right relative to the complete total of the services as stipulated in the agreement.

§13 Dispute Settlement / Consumer Arbitration Board

The EU Commission provides an online dispute resolution platform, which may be reached via the following link: http://ec.europa.eu/consumers/odr/

We are neither obliged nor prepared to participate in a dispute resolution procedure before a consumer arbitration board.

§14 Severability Clause

(1) The law of the Federal Republic of Germany shall apply. For consumers who do not enter into this agreement for professional or commercial purposes, this choice of governing law applies only unless the legal protection granted is nullified through mandatory provisions of the law of the state in which the consumer has his or her habitual residence. The provisions of the UN Convention on Agreements for the International Sale of Goods do not apply here and are expressly excluded.

(2) Should individual terms of this agreement be ineffective or lose their effectiveness due to later circumstances or should a loophole emerge in this Agreement, the legal effectiveness of the other provisions is not affected.