Terms and Conditions
of Fernweh German course and fernwehbrasil.com (“Website” and online classes)
1. SCOPE AND SUBJECT-MATTER OF CONTRACT
The following General Terms and Conditions (“GTCs”) shall apply to all contract relations between Fernweh and consumers (“Clients”, “Course Participants” or “You”) relating to services provided for a fee by Fernweh (purchases of bookings of distance learning and residential courses).
2. FORMATION OF CONTRACT
Formation of contract via our website by placing products (courses and classes) on our website, we are deemed to make a binding offer to enter into contracts for such items. The contract is formed when you click on the order button, which constitutes your acceptance of our offer of this product. Immediately after sending your order, you will once again receive a confirmation by email. The languages in which the contracts may be concluded are English and Portuguese.
The contract is subject to the proviso that
- in the case of group courses, the minimum course participant number indicated in the product description is reached;
- the placement test, if required in the product description, is completed in time;
- with regard to child and youth courses: the registration has been made exclusively by the legal representative(s) as contractual partner(s) and that all necessary declarations and/or consents have been submitted to Fernweh in text form (e.g., by e-mail) after registration.
If a contract is not concluded due to a proviso, the course or examination fee will be refunded.
In respect of courses, the prices referenced on our website at the time of registration shall apply.
Payment may be made using the methods of payment indicated on our website no later than at the time of initiating the order process. You select your method of payment for each individual order. Clients have no entitlement to use any particular method of payment.
6. SPECIAL TERMS AND CONDITIONS FOR PARTICIPATION IN COURSES
a. Course delivery
The course will be delivered on the dates provided in the schedule.
1 day before the course starts, we provide access to the platform including the manual on how to enter the classroom by video-conference.
b. Course groups
The individual course groups require a minimum number of participants, which is specified in the respective product description. Assignment to a course level and course group is based on a placement test, if required in the product description. The placement test is available online and has to be taken before booking the course. The contract is subject to the condition that the minimum number of participants is reached and that the placement test, if required, is completed in time; see Paragraph 3 Clause 2.
c. Booking changes and cancellations
Notwithstanding your statutory right of cancellation, the following applies:
Changes to bookings for an online course (e.g. change of course dates) is permitted only in exceptional cases, with the consent of “Fernweh”. A contribution towards costs in the following amount is collected for each booking change, unless otherwise agreed:
Fee for booking change:
- free of charge if made up to 5 days before the beginning of the booked course.
- 10% of course fee from 5 days before the beginning of the course
Course Participants may cancel their booking in written or electronic form (writing or email) in line with the following terms:
Fee for cancellation:
- Up to 5 days before beginning: free of charge
- Up to 1 day before beginning: 10% of course fee
- After beginning: 20% of course fee plus the corresponding value of the classes already elapsed
For purposes of meeting these deadlines, Fernweh’s receipt of the notice of cancellation shall govern.
Any national legal provisions of a mandatory nature remain unaffected by this clause.
d. Due date and payment
The applicable course fee for distance learning courses shall be payable in instalments. The first instalment shall be due for payment two weeks from the date you receive our invoice. All subsequent instalments shall be due for payment (depending on the number of months in the course) on the first day of course months. For purposes of timeliness of payment, receipt in the Fernweh account indicated on the invoice shall control. The Course Participant remains free to pay the entire course fees by a single payment upon receipt of the invoice.
Any fees of the course participant's bank that are incurred with the payment of the course fee are at the expense of the course participant. Fernweh does not charge separate transaction fees. Participants may not begin or continue any course for so long as agreed payment deadlines are not met. In such case, Fernweh is entitled to give away your place on the course.
e. Scope of services
The course fees cover, depending on the type of course, your course participation, correction and comments on written work and tests within the respective course chosen, academic assistance and the issuance of course certificates. They do not include the course materials (books from a German editor), which have to be purchased separately (indications for online-shops are provided).
f. Duties of Course Participants in distance learning courses
- shall themselves ensure that they meet the technical prerequisites required for participating in the course, which are referred to in our offer;
- may not publish or make available to third parties the access data provided to them by Fernweh’s learning and/or test platforms.
All of our course and exam material (texts, practical exercises, test questions, solutions, images, program codes, videos and other content) are protected by copyright. Course Participants are merely granted a simple, non-transferable licence for their personal use in connection with their participation in the course. In particular, Course Participants are not permitted to copy course or exam materials (or even excerpts thereof) for third parties, to make the foregoing available or to forward them to others, to upload them to the internet or place them on other networks, whether for consideration or gratuitously, to resell such materials or to use them for commercial purposes. Any copyright notices, logos or trademarks which may be present must not be removed. Infringements of copyright may be prosecuted under criminal law.
- The duration of the selected course as stated in the product description applies.
- Notwithstanding your statutory right of cancellation, the following shall apply: You may cancel the course without the need to state grounds of cancellation at any time upon three months’ notice. The right of Fernweh and of Course Participants to terminate their contract for good cause remains unaffected hereby.
- Fernweh is entitled to terminate the course prematurely and without notice in the event of serious misconduct by the participant. Serious misconduct is to be assumed in particular in the case of bullying, drug abuse, aggressive behavior towards other participants and sexual harassment.
The termination in the aforementioned cases of Paragraph 6 (g) requires the written form. Any national legal provisions of a mandatory nature remain unaffected by this termination clause.
i. Subject to change in the event of serious, extraordinary circumstances or events
In the event of serious, extraordinary circumstances or events or a change in such already existing circumstances or events which are beyond the control of Fernweh (e.g. riots, war or terrorist conflicts, natural disasters, epidemics, etc.), we reserve the right to offer you changes to the service (e.g. in terms of time or place). In this case we will submit a new offer with a deadline and ask you to inform us whether you wish to accept the amended offer or withdraw from the contract. If you withdraw from the contract, we will reimburse you for any payments you may have made (if applicable, pro rata according to the extent of the service already provided).
7. RIGHT OF CANCELLATION
Consumers are entitled to exercise the statutory right of cancellation, as described in the advice on cancellation.
ADVICE ON CANCELLATION AND CANCELLATION FORMS For consumers, the following shall apply:
a. For courses
Right to cancel You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of the contract. To exercise the right to cancel, you must inform us (Fernweh: email@example.com) of your decision to cancel this contract by a clear statement. You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
Effects of cancellation: If you cancel this contract, we will reimburse to you all payments received from you, without undue delay and not later than 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used 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 requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.
Model cancellation form
(If you want to cancel the contract, please fill out the form below and send it back to us
— To Fernweh firstname.lastname@example.org
— I hereby give notice that I cancel my contract for the supply of the following service:
— Name of service (course)
— Ordered on
— Name of consumer