General Terms and Conditions / School Regulations

The Bergische Nachhilfeschule is a registered trademark of IEC-International Education Centers GmbH

1. scope of application

The following General Terms and Conditions (GTC) exclusively govern the relationship between IEC-International Education Centers GmbH, Lise-Meitner-Str. 5-9 42119 Wuppertal, and its customers for all contracts with Bergische Nachhilfeschule regarding the tutoring services offered by Bergische Nachhilfeschule. The GTC apply both to contracts concluded via the Bergische Nachhilfeschule online portal (https://www.bergische-nachhilfeschule.de) and to contracts concluded at Bergische Nachhilfeschule locations.

These GTC are available at https://bergische-nachhilfeschule.de/agb/.

Insofar as the term “customer” is used in the following, this refers to the contractual partner of Bergische Nachhilfeschule. “Registered person, participant, student” means the person who makes use of the tutoring services offered by Bergische Nachhilfeschule on the basis of a concluded contract.

The following regulations apply to all tutoring services offered by Bergische Nachhilfeschule.

2 Our mission statement

The Bergische Nachhilfeschule pursues a pedagogical concept. In tutoring and remedial lessons, gaps in knowledge are systematically addressed and closed. Current school material is covered, repeated and deepened. Upcoming class tests and examinations are prepared in a targeted manner. The lessons are designed to encourage pupils to enjoy learning and boost their self-confidence, so that the use of private tuition remains largely limited and pupils are prepared to cope with their schoolwork independently.

We firmly oppose any discrimination based on gender, ethnic origin, religious beliefs, nationality, personal ideology, sexual or political orientation.Violations of these principles can lead to termination of the contract without notice following a warning.

3. general implementation

What do we offer?
Bergische Nachhilfeschule offers private lessons, group lessons and online lessons.

Who can take advantage of private tuition?
Only the person registered for tutoring may make use of the services in accordance with the contract. Utilization by third parties is not permitted.

Who may conduct the lessons?
Bergische Nachhilfeschule is entitled to have the contractual obligations performed by freelancers and expert third parties.

What learning materials do we use and how do we use them?
In addition to the learning materials of the public school, further learning materials are used in the lessons, which may only be reproduced or passed on to third parties after consultation with the Bergische Nachhilfeschule and its consent.

How do we behave during lessons?
In the interest of all customers, Bergische Nachhilfeschule has the right to release the student from lessons for that day in the event of improper behavior (discrimination against other students or teachers, injuring fellow students) after a warning, without this reducing the payment obligation.

How do I change my subject?
Requests for changes to the lesson plan and subject are accepted at any time and taken into account where possible. Requests for changes to the contractual agreements must be submitted to Bergische Nachhilfeschule 30 days in advance if possible in order to be considered.

Group size and duration of the lesson
Tutoring and support lessons take the form of individual lessons at home, individual or group lessons online or at our locations. One lesson lasts 45 or 60 minutes. A lesson unit generally lasts 90 or 120 minutes.

Individual support in small learning groups
Tutoring and support lessons also take place in small learning groups of 2-3 students. In exceptional cases, this number can be increased by one trial student for a limited period of time.

If there is temporarily no learning group with a minimum number of three pupils, the teaching unit is reduced by 15 minutes for a single lesson of 45 or 60 minutes or by 30 minutes for 90 or 120 minutes for a double lesson.

School vacations
Lessons can take place during all vacations except Christmas vacations, Rose Monday, Maundy Thursday to Easter Tuesday and public holidays in the respective federal state. During the summer vacations, lessons take place in the form of intensive courses, the scope of which corresponds to the contractually agreed lessons. The normal fees apply for these lessons during the summer vacations, unless a special offer has been booked.

4. missing hours

In the event of excused absences (illness or other justified cases, such as school events, internships, etc.), we endeavor to provide substitute lessons where possible in order to ensure systematic support. However, there is no entitlement to this. Absences do not entitle the student to a reduction in tuition fees, regardless of the reason.

Cancellation deadline
In principle, any absence must be reported at least 24 hours before the start of lessons, but no later than 3 p.m. on the previous day, and must be excused in a comprehensible manner.

(e.g. lessons Tuesday at 12 noon: latest cancellation time 12 noon of the previous day, lessons Tuesday at 5 p.m.: cancellation by 3 p.m. of the previous day at the latest).

This applies in particular to the education package.

Canceled lessons may not be billed via the educational package. Parents must bear the costs incurred themselves. This also applies if the lesson is canceled by 3 p.m. the day before.

The canceled lessons will be invoiced to the contractual partner (in the case of the educational package, the contractual partner is the student’s legal guardian or, in the case of adult students, the student him/herself).

Appointments that are not canceled on time must therefore be paid for and will then be invoiced to the customer if the educational package is used. For private customers, the lesson is deemed to have been given. The canceled lesson will then be deducted from the total amount.

Cancellation by Bergische Nachhilfeschule
If Bergische Nachhilfeschule is responsible for the cancellation of lessons, the lessons will be made up as far as possible.

If it is not possible for the Bergische Nachhilfeschule to make up the lessons, the costs will be refunded if payment has already been made or the unit will be “added on at the end” by arrangement.

If in this case the student or the legal representative does not accept 3 of the dates offered to them for replacement lessons and does not offer any feasible replacement dates themselves, no replacement lessons will be given and the missed lesson must be paid for.

5 Prices and terms of payment, default of payment

The prices and terms of payment agreed in the contract shall apply. The prices are net prices; in addition, the customer owes the applicable value added tax. The services of IEC-International Education Centers GmbH in the area of tutoring with the Bergische Nachhilfeschule are currently exempt from VAT according to § 4 No. 21 a) UStG.

Due date and method of payment
The current premiums of a term contract are due on the 1st or 2nd day of each month.

of one month in advance. The amounts owed by the contractual partner

Payments are collected by SEPA direct debit, unless another payment method has been agreed. Any registration fee will be debited together with the first monthly direct debit.

If the customer wishes to use a payment method other than SEPA direct debit, payment of the fee must be made in advance by the 3rd working day of a month at the latest. The total amount due for a contingent contract will be collected by SEPA direct debit before the start of tutoring or must be paid by the customer by the start of tutoring.

Payments must be made to the account provided to the customer upon conclusion of the contract, stating the customer and contract number.

Returned direct debits
The customer shall bear the costs of any returned direct debits. These costs will be charged to the customer at €20 including administration costs.

Notice periods
For fixed-term contracts, notice periods apply in accordance with the contract.

Notice of termination must be given in text form.

There are no notice periods for booked packages. These are booked on a binding basis and used within the validity period. If they are not used, the hours will expire one year after booking.

Package bookings are binding and cannot be canceled if they have not been effectively revoked in good time.In this case, the customer must state whether they wish to use the paid hours with the remaining hours or let them lapse.

It is no longer possible to withdraw or cancel once the service has been used. This begins with the first placement and contact with the teacher.

Cancellation costs
If, in the case of an agreed term and a monthly payment or a package purchase, there is a premature cancellation request and Bergische Nachhilfeschule agrees to the premature cancellation, Bergische Nachhilfeschule is entitled to demand a compensation payment.

This amounts to 50% of the agreed tuition fees for the remaining time or remaining hours in the case of package purchases. After payment of the compensation, the contract is terminated with immediate effect and there are then no further obligations for either party. Further lessons will of course no longer take place.Notice of termination must be sent to Bergische Nachhilfeschule in writing.

How can Bergische Nachhilfeschule give extraordinary notice of termination?
Bergische Nachhilfeschule may terminate the tuition contract without notice for good cause with immediate effect and cancel the tuition with immediate effect if the monthly fees are not paid for more than two months, if the student violates the school rules or for other serious reasons.

In this case, the Bergische Nachhilfeschule is entitled to charge a flat-rate compensation. This is calculated on the basis of the type of contract selected and the duration of the contract actually used. It amounts to 50% of the agreed tuition fees for the remaining time or remaining hours in the case of package purchases. After payment of the compensation, the contract is terminated with immediate effect and there are then no further obligations for either party.

The contractual partner shall be entitled to prove that no damage or significantly less damage has been incurred.

What happens in the event of unreliable lesson attendance?
The contract can be terminated prematurely at any time by Bergische Nachhilfeschule in the event of repeated unreliable lesson attendance. The conditions for extraordinary termination apply.

6. data protection

Consent to the use of the customer’s or registered person’s data

IEC-International Education Centers GmbH collects and uses the personal data of the customer or the registered person provided upon conclusion of the contract in compliance with the applicable data protection regulations. The personal data is used for the purpose of processing the existing contractual relationship with the customer. The customer expressly consents to this collection, processing and use of their personal data. The collection, processing and use of the personal data of the customer or the registered person takes place in compliance with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).

IEC-International Education Centers GmbH requires the customer’s name and address in order to know who the contractual partner is, i.e. to whom the services are to be provided and invoiced;

The name of the registered person and their address are required in order to know for whose benefit the contract is concluded, i.e. who is taking part in the private tuition;

The contact details (e-mail address and telephone number) are required for any necessary queries. They are also used to receive information and news, offers or other marketing measures, provided the customer has consented to this;

The details of the school attended, the type of school and the class level are required in order to be able to assign the registered person to suitable learning groups.

Other data collected on the initial contact form will only be used to ensure the best possible teaching with optimal pedagogical support. None of the data collected will be passed on to third parties.

The account details are required in order to be able to collect the agreed fees if the customer has issued a SEPA direct debit mandate.

7. obligation to register with the educational package

When using the educational package, parents/guardians undertake to inform the Bergische Nachhilfeschule in good time if they no longer receive benefits that have led to an approval – loss of eligibility -.Otherwise, they undertake to pay the costs of the lessons themselves, which can no longer be covered by the educational package. All lessons taken that are not paid for by the educational package must therefore be paid for by the parents/guardians themselves.

The Bergische Nachhilfeschule would also like to point out that only the parent or legal guardian who submitted the application may also sign the invoice for the learning support.

Otherwise, we reserve the right to invoice the services used privately

The pupils’ legal guardians are obliged to sign the documents requested by the public authorities in good time. Otherwise, we reserve the right to charge privately for the hours used.

8. final provisions

No verbal collateral agreements have been made. Any subsequent amendments to this contract resulting from verbal agreements must be recorded in writing for reasons of proof.

Should one or more provisions of these GTC be or become legally invalid, should there be a loophole or should one of the contractual provisions prove to be unenforceable, this shall not affect the legal validity of the other provisions or the GTC as such.

IEC-International Education Centers GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

9. revocation policy for contracts / bookings concluded online

If a contract is concluded using the online portal https://www.bergische-nachhilfeschule.de, the customer, if a consumer, has a right of withdrawal in accordance with the statutory provisions and the following withdrawal policy.

Right of withdrawal
You have the right to withdraw from the contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise the right to cancel, you must inform us (IEC-International Education Centers GmbH, Lise-Meitner-Str. 5-9 42119 Wuppertal, phone: 0202/2615877-1, fax: 0202/2615877-9, info@bergische-nachhilfeschule.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you 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. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

If the booked service begins during the withdrawal period or if the booking is made up to 14 days before the start of the service, the full fee for the booked service is due.

Revocation is then no longer possible.

10 Supplementary provisions for online tutoring

Conclusion of the contract (only applies to online tutoring)
The language used/selected on the website is available for the conclusion of the contract.

When using the online portal https://www.bergische-nachhilfeschule.de, the following technical steps lead to the conclusion of a contract:

Binding booking on the online portal https://www.bergische-nachhilfeschule.de by booking the offers selected by the customer.

An electronic order process is therefore provided online for the conclusion of the contract. After going through the order process and confirming these GTC by clicking on the corresponding check mark, the customer concludes a legally binding order by clicking on the “Book now” button. The customer will be informed immediately by e-mail about the receipt of the order (order confirmation). This order confirmation also contains another link to these General Terms and Conditions and the information on the right of withdrawal (withdrawal policy).

To confirm the contract, the customer receives a confirmation by e-mail from Bergische Nachhilfeschule. Bergische Nachhilfeschule is entitled to cancel the order within 14 working days by sending a cancellation confirmation or to refuse to accept the order without giving reasons. The customer will be informed of any non-acceptance of the order by e-mail within the aforementioned period.

Implementation and making appointments (only applies to online tutoring)
Only the person registered for tutoring may use the services in accordance with the contract. Use by third parties is not permitted. Passing on access data to third parties or the use of access by other, unregistered persons is prohibited. In the event of a breach, access may be blocked.

The offers may only be used for private purposes; commercial or industrial use or public presentation is only permitted with the express permission of Bergische Nachhilfeschule.

Appointments for online tutoring for individual lessons: The customer or the registered person must agree the respective time for the use of online tutoring with their e-tutor. The registered person must log in punctually at the agreed time. In principle, there is no entitlement to a specific date or a specific teacher.

After a binding order, a Microsoft 365 account will be created for the student.

The student or legal guardian will be sent access data for the virtual classroom or the Office portal.

The created account or access data may only be used for the purpose of tutoring at Bergische Nachhilfeschule. They may not be passed on to third parties. Any violation will be prosecuted under criminal and data protection law.

Technical requirements for the use of an online service (applies only to online tutoring)
Bergische Nachhilfeschule points out that certain technical requirements must be met by the customer in order to use the online tutoring services offered by Bergische Nachhilfeschule. It is the responsibility of the customer to create the technical requirements for himself or the registered person at his own expense in order to be able to use the agreed services using the access provided by Bergische Nachhilfeschule. The requirements can be found at https://www.bergische-nachhilfeschule.de.

Bergische Nachhilfeschule reserves the right to further develop or change the software used for the provision of online courses and thus to adapt it to constantly advancing technical developments. In such a case, it is the customer’s responsibility to make the necessary adjustments to his technical infrastructure at his own expense within one month of being informed in advance. The customer has the right to terminate the contract within a period of one month after receipt of the corresponding announcement if it is not possible for him to make the necessary adjustments.

Bergische Nachhilfeschule points out that when using the Internet and transferring data, complete protection is not possible. It is the customer’s responsibility to take the necessary precautions to secure their system.

The use of the services of Bergische Nachhilfeschule or IEC-International Education Centers GmbH requires the use of software applications freely available on the Internet (third-party software). The customer is responsible for downloading and installing these software applications. The software provider does not act on behalf of IEC-International Education Centers GmbH, which

IEC-International Education Centers GmbH does not use the software provider to fulfill its contractual obligations to the customer.

Cancellation policy (for contracts concluded via the online portal)

If a contract is concluded using the online portal https://www.bergische-nachhilfeschule.de in accordance with additional special features for online tutoring in section 1.2 of these GTC, the customer, if a consumer, has a right of withdrawal in accordance with the statutory provisions and the following withdrawal policy.

Right of withdrawal
You have the right to withdraw from the contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.

In order to exercise your right of withdrawal, you must inform us IEC-International Education Centers GmbH, Lise-Meitner-Str. 5-9 42119 Wuppertal, phone: 0202/2615877-1, fax: 0202/2615877-9, info@bergische-nachhilfeschule.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

https://www.bergische-nachhilfeschule.de/widerrufsformular/

Consequences 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. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

Revocation is no longer possible if the account has been created, the access data has been delivered or if the teacher has already been assigned or if contact has already been made with the assigned teacher in which appointments, school problems, goals and content have been discussed and the teacher has thus taken action. The same applies if access or the virtual classroom has already been used. In this case, the service is deemed to have begun.