General Business Terms and Conditions
We recommend that you register as soon as possible. In order to register, please use the booking form on our website. Alternatively, you can book your language program and other services with us while providing all relevant data incl. your telephone number and address electronically (via email or the Internet), in writing (by letter or fax) or by telephone (only for last-minute customers & long-term customers and/or by prior agreement). When sending the booking form via the postal service or by fax, your signature is required.
You will also register all participants whom you have listed on the booking form. You shall be responsible for their contractual obligations just as you are responsible for your own contractual obligations insofar as you have assumed this obligation by making express and special declaration in this regard.
For minors, the parents/legal guardians must expressly approve these General Business Terms and Conditions. The parents/legal guardians of the language student shall be responsible for supervising the minor during the language study trip. You should discuss the approach and consult with us and the language school on-site in this regard as soon as possible.
3. Content of the Travel Contract
The content of the Travel Contract is based upon the information stated on the travel participant's booking form and our booking confirmation. The Travel Contract includes these Travel Terms and Conditions as well as the service description and other detailed information about the individual trips on our website insofar as nothing to the contrary is expressly stated on the booking form and the booking confirmation.
Changes to or supplemental contracts for the services described on our website as well as the Travel Terms and Conditions shall require an express written contractual agreement with us.
If we broker only individual services, e.g. flight-only, hotel stays, a rental car, ferry transport, etc. from third-party partner providers, the contractual agreement and its content shall be based upon the respective terms and conditions of the third-party contractual partner. These third-party terms and conditions shall be provided to you upon request.
4. Confirmation and Conclusion of the Travel Contract
Through our written confirmation, the Travel Contract shall be considered to have been concluded. The travel confirmation shall be sent to you as soon as possible. You shall be bound to your registration until we accept it, but nonetheless for no longer than 10 days after the receipt of the booking form. We reserve the right to decide whether to accept the order or not. You shall be obliged to promptly review the booking confirmation that you have received to ensure that it is correct and, as required, to notify us of any mistakes or deviations.
If the content of the travel confirmation deviates from the content of the booking form, this shall constitute a new offer that we have provided to which we are bound for 10 days. Within this timeframe, you may expressly or conclusively accept the new offer (e.g. by making the down payment or remaining payment owed) and the contractual agreement shall be considered to have been concluded based upon the new offer.
5. Payment of the Price for the Trip and Supplying the Travel Documents
You shall receive the invoice for the language study trip together with the course confirmation within a very short period of time after we have received your booking form. The price for the booked services shall be broken down into a down payment and a remaining payment owed.
In the event that a contractual agreement is concluded, after the travel confirmation and the Refund Security Certificate to cover your payments in the case of bankruptcy have been sent in accordance with the German Civil Code (BGB) § 651k Para. 3, a down payment of 20% of the price for the trip must be paid which is due within 7 days. It shall be offset against the trip's price. The premium for an insurance package and/or a trip cancellation cost insurance policy is not included in the trip's price and shall become payable with the down payment.
The remaining portion of the trip's price shall become payable 28 days before the trip begins. In the event that bookings are made less than four weeks before the trip begins, the down payment and the remaining payment owed for the trip's price shall become immediately payable when the Refund Security Certificate is provided. The travel documents (trip documents, vouchers for the course and lodging, useful trip arrival information) shall be drafted approx. 10 days before the trip begins and submitted or sent to you after the payment has been received or we will send them to you by COD.
Upon the issuance of the invoice, any compensation owed for cancellations, processing and rebooking costs shall become immediately payable.
6. Services and Service Changes
What services have been contractually agreed is stated in the service descriptions on our website in conjunction with the information stated on the travel confirmation. The optional programs (e.g. excursions, recreational activities) specified on our website shall not be considered to be a component of the services that are contractually owed. The language schools shall remain closed on legal holidays, Saturdays and Sundays. As a rule, classes shall not be made up.
The information stated on our website shall be binding for us as the tour operator. However, we expressly reserve the right to announce any service changes before the conclusion of the contractual agreement of which we shall naturally notify you before booking.
Rebookings are possible for a course location upon a one-time basis up to 21 days before the trip begins based upon the availability of services for a fee of 50 euro. Rebookings that are made later than 21 days before the trip begins or which are made multiple times shall be considered to be a cancellation and a new booking.
You may rescind the contractual agreement at any time before the trip begins. The point in time that we receive the declaration of the rescission of the contractual agreement shall be prevailing. It is recommended that this declaration be sent via registered letter. In the event that you rescind the contractual agreement, we shall have a claim to appropriate compensation in accordance with the German Civil Code (BGB) based upon the following percentages whereby the calculation of such appropriate compensation shall customarily take into consideration saved expenditures and possible other usage of the travel services:
- Up to 30 days before the trip begins, 10% but nonetheless at least 100 euro
- Up to 21 days before the trip begins, 30% but nonetheless at least 100 euro
- Up to 14 days before the trip begins, 50%
- Up to 7 days before the trip begins, 70%
- Beginning on the 6th day before the trip begins, 80%
Registered letter fees shall in no case be reimbursed. In the event that you do not go on the trip without having made prior rescission of the contractual agreement, the entire trip's price shall be forfeited. Course reductions shall be considered to be cancellations. Any saved expenditures shall not be reimbursed. In principle, you shall have the opportunity to document that we have suffered lower damage amounts or no damages at all. For the brokerage of additional services, other terms and conditions may be agreed based upon the scope and type of service. We recommend that you take out corresponding trip cancellation insurance. You can cover cancellations for medical or family-related reasons (doctor's note required) by taking out trip cancellation insurance or international travel insurance.
Our language schools offer very differentiated skill levels (language levels). The classification into the corresponding learning level for group courses can be purposefully undertaken only on-site on the first day of instruction. Thus, it cannot be completely ruled out that, in rare cases, the classification test will result in only one or two participants from a skill level being assigned to a group class. In this case, the language schools shall conduct the class as a (semi-)individual class with a reduced number of hours whereby at least 50% of the original timeframe for the booked group class shall be offered as (semi-)individual instruction. Example: Instead of 20 hours of group instruction, there shall be at least 10 classes of (semi-)individual instruction. In each case, this will be considered to be an "upgrade" – thus, an increase in quality, but for which you will not incur additional costs.
9. Replacement Person
If a third party is supposed to attend a class instead of the originally booked person, we will require the same information as from the original contractual partner. Insofar as no special reasons oppose this, we shall charge a processing fee in the amount of 50 euro per person in order to allow a replacement person to attend the class. We may refuse to allow the third party to attend the class if this person has not fulfilled the special travel requirements or statutory directives or governmental decrees forbid his attendance. Insofar as other additional costs are incurred due to the exchange of persons, they shall be separately billed.
10. Price Changes
We may adjust the prices that were confirmed with the booking in the event of an increase in transportation costs or levies for certain services, e.g. harbor or airport fees, or changes in the currency exchange rates that are valid for the affected trip in the scope by which such an increase per person has an effect on the trip's price insofar as more than four months lie between the conclusion of the contractual agreement and the agreed timeframe when the trip is taken.
In the event of a subsequent change in the trip's price, we shall promptly notify you, but nonetheless by no later than 21 days before the trip begins. In the event of price changes of more than 5%, you shall be entitled to rescind the Travel Contract without incurring fees or to ask to participate in a trip of at least comparable value if we are able to offer such a trip from our range of offerings without any surcharges.
11. Tour Operator's Contractual Obligations
We must render our services with the due care of a prudent businessman and are particularly obliged to the travel participants as follows:
- To make conscientious preparations for the trip,
- To carefully select and supervise the service providers,
- To ensure the accuracy of the service descriptions,
- To properly render the contractually-agreed travel services insofar as we are acting as the tour operator or service provider in our own name.
In the event that we are acting merely as the broker of travel services, we shall be liable only for the proper brokerage of the service and not for the rendering of the service itself. Information about brokered services of third-party contractual partners shall be based exclusively upon the information they have provided to us; such information shall not constitute a guarantee upon our part to the trip participants.
12. Termination by the Tour Operator
In the event that, despite having received a warning, you constantly disrupt a trip or act in such a manner which constitutes a gross contractual violation, we and/or our local representative shall thus have the right to terminate the Travel Contract without notice. In the event of major violations of general rules of conduct, building and hotel rules and regulations as well as national customs and conventions, the issuance of a warning shall not be required before declaring a termination. We reserve our right to retain the price of the trip. However, we shall reimburse you for any saved expenditures as the result of services that were not utilized. You must pay any additional costs that have been incurred due to your conduct and the resulting termination.
13. Minimum Number of Participants
With regards to the language courses at the course locations with few courses and a small number of participants, we reserve the right to cancel the course by no later than four weeks before the course begins if the previously announced minimum number of participants is not attained. If you should not wish to accept a replacement service offering, we shall in this case reimburse any amounts to you that have already been paid to us. The number of hours may be reduced in individual course locations for language courses with a small number of participants on-site. Details in this regard are provided in the information in our offerings.
14. Services Not Utilized
If, due to your early departure or for other reasons, you do not utilize individual services or only partially utilize them and/or you change the services on-site, no reimbursement claim shall exist in principle for these services although we shall endeavor to reimburse the expenditures that were saved from the service providers.
15. Warranty and Remedies
If, in your belief, the language study trip has flaws or the services are changed to your detriment, you shall be obliged to promptly notify us of this and not then later after you have already returned home. Initially, this must occur by your contacting our designated contact person on-site and/or the school's management or the service provider so that a remedy can be found. When we provide you with the course documents, we shall also provide you with the names of the respectively relevant contact persons and their contact addresses. On-site employees shall not be entitled to recognize any claims. If it concerns flaws in a language course, please promptly notify us in each case in writing by fax or email regardless of whether you lodge a complaint about the flaw on-site.
If you should fail to make a notification of defects on-site, this may have the result that you may assert no claims for these flaws (purchase price reduction, damage compensation). Notwithstanding the on-site notification, you must also expressly assert any claims for a purchase price reduction/damage compensation with us within a timeframe of 30 days after the contractually prescribed end of the trip. In the event that you fail to fulfill these obligations/meet this deadline, any claims shall be excluded. In the event that you decide on-site to discontinue the trip due to the existing flaws, you must in this case initially make notification of the flaw and set an appropriate notice period for the elimination of the flaw so that you do not forfeit any more extensive claims. This obligation shall only then not apply if a remedy is impossible, this is refused or an immediate termination of the contract is justified due to a special interest of yours. Your claims shall also then not be forfeited if you fail to make a complaint through no fault of your own. Do not forget to have your complaints and any assurances made by the school's management confirmed in writing.
16. Entry Requirements under Immigration Law
You yourself shall be responsible for following all directives that are important for the implementation of the trip. This includes adherence to the respective passport, visa, customs, foreign currency, insurance and health directives as well as any additional directives. You shall be held responsible for all detriment which is caused through your failure to follow these directives unless your failure to follow such directives has been caused because we culpably provided no information or false information. We shall provide you with the necessary information to the best of our knowledge and belief and with the due care that is customarily required in business dealings. You shall be obliged to expressly disclose if you have a citizenship which is not German citizenship. In this case, the competent consulate can provide information about the passport and visa requirements that must be fulfilled.
Solely you shall be responsible for promptly obtaining a visa or fulfilling other immigration requirements to enter the respective country. We can be helpful by providing you with contact addresses for services which supply visas. If you commission us to obtain the required visas, we shall thus not be liable for the prompt issuance of and access to the required visas from the diplomatic representatives unless we are responsible for the delay. It should be expressly pointed out that it is possible that these directives may be changed at any time by the respective government agencies. Insofar as it is possible, we shall endeavor to notify you of any changes. Please promptly obtain information on your own about measures to protect yourself against infection and about any recommended inoculations you should have as well as other preventative measures and obtain advice from a doctor as necessary.
17. Liability Restrictions
In principle, we shall be liable in accordance with the statutory directives. We shall assume no more extensive liability. Our contractual liability for damages which do not entail physical injury shall be limited to three times the trip's price insofar as the damages suffered by the trip participant have been caused neither due to intentional wrongdoing nor gross negligence or insofar as we are solely responsible for the damages suffered by a trip participant due to the fault of a service provider we commissioned. If international conventions are valid for a service to be rendered by a service provider or such relevant statutory directives apply, according to which a claim exists or may be asserted for damage compensation subject to certain requirements or restrictions or is excluded or restricted subject to certain requirements, we may thus also assert such rights/claims against the trip participant as well.
We shall not be liable for disruptions of or flaws in services which are not owed in accordance with the content of the contractual agreement (third-party services). This shall be valid particularly for supplemental programs at the course location such as, for example, bookings of local excursions, car rentals, etc. at the study program location which are not made through us. As a supplemental service, we offer to assist you as you apply for Bildungsurlaub (paid educational leave from your job in Germany). Despite providing careful assistance, we cannot guarantee that third parties, e.g. employers or companies, will approve such a request.
You yourself shall be responsible for taking out sufficient accident and medical insurance coverage. It is advisable to take out accident and medical insurance coverage, including coverage for repatriation costs in the event of an accident or an illness, in accordance with the requirements of the respective travel destination country and likewise insurance coverage for your luggage and theft. It is also recommended to take out trip cancellation insurance. We shall not be liable for costs which result from no or insufficient insurance coverage. We recommend that you carry with you a copy of your insurance policies as well as the address and telephone number of the insurance provider.
19. Assignment Ban
Any assignment of the trip participant's claims against the tour operator is excluded. The assignment ban affects all claims from the Travel Contract and related claims arising from tortious acts and unjustified enrichment.
20. Legal Venue
Exclusively German law shall be valid for the contractual relationship between you and us. Bonn is agreed to be the legal venue for all issues.
21. Final Provisions
The invalidity of individual provisions of the Travel Contract, including these Travel Terms and Conditions, shall not result in the invalidity of the entire contractual agreement. The validity of the aforementioned provisions may not be restricted by your opposing Travel Terms and Conditions without our having received the reasonable opportunity to review them before making confirmation. Upon a supplemental basis, particularly the provisions of the German Travel Contract Act (Reisevertragsgesetz) and the German Civil Code (BGB) §651a to l shall be valid insofar as we are not merely the broker of individual travel services or travel programs of third-party tour operators.
22. Tour Operator
The language study trips are organized by the Ailola Lingua UG (haftungsbeschränkt) with whom the contractual relationship is being concluded:
Ailola Lingua UG (haftungsbeschränkt)
Managing Director: Philip-Sebastian Schilling
Registered at Amtsgericht Bonn, HRB 19499
VAT ID No.: DE285952316
As of: July 1, 2012