General Terms of Conditions

for the provision of online language tuition

by

Johann Heermann Kolleg GmbH
Wilhelmstraße 9
33602 Bielefeld

– hereinafter referred to as “Johann Heermann Kolleg” -.

1. Preamble

1.1 The Johann Heermann Kolleg is a digital language college that aims to support its course participants in learning languages online or in improving their existing language skills. In this respect, Johann Heermann Kolleg offers three different types of courses – individual lessons and lessons in pairs or tandem lessons, compact courses and standard courses – the format of which is explained in more detail below.

1.2 The following provisions regulate the legal framework of the commissioning as well as the provision of services by Johann Heermann Kolleg.

2. Scope of Application

2.1 The following provisions (hereinafter referred to as the “GTC”) shall apply to all contractual relationships between consumers within the meaning of Section 13 of the German Civil Code (BGB) and entrepreneurs within the meaning of Section 14 of the German Civil Code (hereinafter also referred to collectively as the “Clients”) and Johann Heermann Kolleg, unless otherwise agreed in individual cases. Provisions of these GTC that are expressly designated as applying to entrepreneurs do not apply to consumers.

2.2 Certain services and/or products of the Johann Heermann College may each be subject to separate contractual terms and/or registration conditions, whereby the provisions of these GTC are supplemented. These will be referred to separately in connection with the respective service/product. Insofar as these separate and special conditions for individual service areas deviate from the provisions of these GTC, the provisions of the special conditions shall take precedence over the respective provision of these GTC.

2.3 These provisions shall apply exclusively. Deviating, conflicting or supplementary General Terms and Conditions and/or Terms and Conditions of Purchase of customers shall only become part of the contract if and to the extent that Johann Heermann Kolleg expressly consents to their validity in writing. This requirement of consent shall apply in any case, for example even if we provide services without reservation in the knowledge of the customer’s general terms and conditions.

2.4 Individual agreements made with the customer in individual cases (including subsidiary agreements, supplements and amendments) shall in all cases take precedence over these provisions. Subject to proof to the contrary, a written contract or written confirmation from Johann Heermann Kolleg shall be authoritative for the content of such agreements.

3 Conclusion of Contract

3.1 The contractual partner is Johann Heermann Kolleg, Wilhelmstraße 9,33602 Bielefeld, unless another contractual partner is expressly designated in the context of special offers.

3.2 Unless otherwise regulated within the framework of special offers, the offers of Johann Heermann Kolleg, which are published within the framework of its internet presence, represent non-binding information about the (course) offer for the benefit of the customers. The customer is supported in selecting a course offer of interest to him/her on the Johann Herrmann College website; by means of a question catalogue, he/she is directed to a course offer of interest to him/her. A contract for the use of services by the Johann Herrmann College is not already concluded when the customer orders a course offer. Rather, Johann Herrmann College reserves the right to refuse orders, for example for capacity reasons. A binding contract for the use of services by Johann Herrmann Kolleg is concluded at the earliest when the customer has received the order confirmation from Johann Herrmann Kolleg by e-mail.

3.3 The Johann Heermann Kolleg stores the order and the order data entered. The customer can access the order including the GTC via the order confirmation sent by e-mail. Furthermore, the customer has the option of printing out both the order and the GTC before sending the order to Johann Heermann Kolleg . Registration confirmations with regard to bindingly booked (course) offers contain the date and time of the respective (course) offer as well as registration data and technical access requirements.

3.4 Johann Heermann Kolleg will process registrations or bookings for a (course) offer in the order in which they are received. If a (course) offer is fully booked, the customer has no claim to the creation of additional capacities. Rather, Johann Heermann Kolleg will inform the customer in a timely manner whether it is possible to take up an alternative (course) offer.

3.5 Registration for the following month must be made by the 15th of the month at the latest. If the Johann Herrmann Kolleg receives an application after this date, the application can only be considered for the month after next.

3.6 In other respects, i.e. outside the online ordering option via https://www.jhko.de/, the contract between the customer and Johann Heermann Kolleg is concluded by signing a lesson contract provided by Johann Heermann Kolleg , which is also concluded exclusively subject to these GTC, in particular by sending a signed lesson contract to Johann Heermann Kolleg by post, by fax or by e-mail. The course or service to be booked in each case shall be described separately in the written teaching contract.

4. Prices and Terms of Payment

4.1 For the respective services and/or products of Johann Heermann College, the prices stated in the specifications at the time of the order shall apply.

4.2 Teaching materials are not included in the course prices and must be procured by the clients themselves. If teaching materials are provided by Johann Heermann College or its agents, they are protected by copyright and may not be reproduced or distributed without the consent of Johann Heermann College or its teachers, subject to mandatory legal permissions.

4.3 The prices communicated on https://www.jhko.de/ or to the customer by e-mail or in printed documents are final prices and include the statutory value added tax, insofar as this is applicable to the respective service or product.

4.4 The respective applicable prices result from the respective service or product description on https://www.jhko.de/ or from the product description communicated to the customer by e-mail. If there are contradictions between the product description communicated to the customer by e-mail and the product description available on https://www.jhko.de/, the product descriptions sent individually by e-mail shall take precedence.

4.5 The user undertakes to pay the price communicated by Johann Heermann Kolleg if and to the extent that a contract is concluded. Payment is due when the service or product is ordered, unless the parties have explicitly agreed otherwise by way of exception. In the event of an instalment agreement, the first instalment shall be due for payment at this time. From the date of booking, further instalments shall be paid automatically every four weeks, unless expressly agreed otherwise in writing. All teaching materials are generally due for payment immediately upon receipt. The contract concluded between the client and Johann Heermann Kolleg is deemed to be a (standing) invoice. A separate invoice will only be issued at the express request of the customer; a separate invoice will always be issued to commercial customers.

4.6 Incoming payments are always offset against the oldest claim, unless otherwise specified at the time of payment.

4.7 We use different payment service providers, namely “Stripe” and “PayPal”. You can also pay for our services by credit card and bank transfer. With regard to the data processing procedures that take place in this respect, we refer to our data protection declarations. Furthermore, we refer to the applicable general terms and conditions of the aforementioned payment service providers.

5. Teaching Conditions

5.1 Depending on the course format, a teaching unit comprises either 45 minutes. A language course consists of different numbers of teaching units, depending on the course format, which are scheduled in advance.

5.2 The client is obliged to inform the teacher in charge of the lesson if he/she is prevented from attending the lesson at the latest 3 working days before the scheduled lesson. Should this not be possible for the client in individual cases, e.g. due to a sudden deterioration of his/her state of health, he/she shall inform the responsible teacher of his/her inability to attend the lesson as soon as possible.

5.3 The Johann Heermann Kolleg is not liable for the non-achievement of a certain learning and/or teaching success, in particular there is no responsibility for the non-achievement of a certain language level or the failure to pass an examination. The specifications made by Johann Heermann Kolleg regarding the required teaching units to achieve a teaching goal are based on experience and may deviate from actual requirements in individual cases.

5.4 The (course) offers of Johann Heermann Kolleg are always a temporary service.

5.5 Scheduling commitments on the part of the Johann Heermann Kolleg are subject to the availability of corresponding teachers. The Johann Heermann Kolleg will make every effort to provide a substitute teacher if a teacher is unavailable. For cancelled teaching units or programmes, the Johann Heermann Kolleg offers substitute teaching units or substitute programmes. If this is not possible in individual cases, Johann Heermann Kolleg undertakes to inform the Client immediately and to reimburse the Client on a pro rata basis for any lessons already paid for and not held after the end of the respective programme. A change of teacher can be part of the teaching method of the Johann Heermann College and does not entitle the client to terminate or withdraw from the contract.

5. Teaching Conditions

5.1 A lesson is either 45 minutes, depending on the course format. A language course consists of different numbers of lessons, depending on the course format, which are scheduled in advance.

5.2 The client is obliged to inform the teacher in charge of the lesson if he/she is prevented from attending the lesson at the latest 3 working days before the scheduled lesson. Should this not be possible for the client in individual cases, e.g. due to a sudden deterioration of his/her state of health, he/she shall inform the responsible teacher of his/her inability to attend the lesson as soon as possible.

5.3 The Johann Heermann Kolleg is not liable for the non-achievement of a certain learning and/or teaching success, in particular there is no responsibility for the non-achievement of a certain language level or the failure to pass an examination. The specifications made by Johann Heermann Kolleg regarding the required teaching units to achieve a teaching goal are based on experience and may deviate from actual requirements in individual cases.

5.4 The (course) offers of Johann Heermann Kolleg are always a temporary service.

5.5 Scheduling commitments on the part of the Johann Heermann Kolleg are subject to the availability of corresponding teachers. The Johann Heermann Kolleg will make every effort to provide a substitute teacher if a teacher is unavailable. For cancelled teaching units or programmes, the Johann Heermann Kolleg offers substitute teaching units or substitute programmes. If this is not possible in individual cases, Johann Heermann Kolleg undertakes to inform the Client immediately and to reimburse the Client on a pro rata basis for any lessons already paid for and not held after the end of the respective programme. A change of teacher can be part of the teaching method of the Johann Heermann College and does not entitle the client to terminate or withdraw from the contract.

6. Course Offerings

6.1 The Johann Herrmann Kolleg offers differentiated course formats. Language skills can be acquired or deepened within the framework of three different types of courses, namely individual or tandem lessons (type 1), compact courses (type 2) and standard courses (type 3). In principle, depending on availability, the courses take place at different times, namely in the morning, in the afternoon, in the evening and also at the weekend. The course times will be communicated to the participant before the conclusion of the contract. A minimum of 4 and a maximum of 8 participants take part in compact courses. Standard courses have a minimum of 10 and a maximum of 14 participants.

6.2 Course times. Morning courses take place from 09:00 to 10:30 and from 12:30. Afternoon classes are held from 13:00 to 14:30 and from 15:00 and 16:30. Evening classes are held from 17:00 to 18:30 and 19:00 and 20:30. Weekend courses are held exclusively on Saturdays from 9:00 am to 10:30 am, 11:00 am and 12:30 pm and from 1:30 pm to 3:00 pm.

6.3 General language courses. Within the framework of the general language courses, participants have the opportunity to complete course levels A, B and C. Each course level is divided into two, three or four course parts (i.e. for example C.1.1, C.1.2, C.2.1 and C.2.2). Each course part lasts four weeks. As far as the participants have successfully completed a course, they receive a certificate of attendance.

6.4 Special courses. In special courses, participants can learn or practise specific skills, e.g. pronunciation, grammar, vocabulary, etc. The special courses last for four weeks and consist of four double lessons (2x 45 minutes) from Monday to Thursday.

6.5 Preparatory courses for official foreign language examinations. The course is designed to prepare participants for official foreign language examinations. The courses are generally held as compact courses both in the mornings and in the evenings. The courses have a number of participants of 6-8. The courses generally take place from Monday to Thursday and comprise 32 teaching units per month, with two teaching units per day (2x 45 minutes). The foreign language exam itself cannot be taken online, but takes place exclusively in presence.

6.6 Subject-specific courses. The Johann Heermann Kolleg offers subject-specific courses, for example for the medical, nursing and entrepreneurial fields. The courses last between 4 and 16 weeks. The number of participants in the courses can vary between 8 and 12.

6.7 Block seminars and block webinars. The Johann Heermann Kolleg offers various (block) seminars and webinars on different topics such as culture, history, art and the like. A seminar or webinar lasts one hour (60 min.). The number of participants in the courses can vary between 10 and 14.

7. Technical Requirements

7.1 Participation in a course or its individual teaching units technically requires that the customer has a sufficiently stable and powerful internet connection, usually broadband internet access, as the teaching units are held via the Zoom video conference service. Accordingly, a certain data transmission rate is required with regard to uninterrupted and qualitatively satisfactory data transmission. Furthermore, in addition to a PC, the client must also have a functioning headset or microphone and loudspeaker. The customer is responsible for setting up the technical requirements. The functioning and maintenance of the computer used and/or the provision of a properly equipped computer, which is necessary to follow the (course) offer via internet, do not fall under any circumstances within the area of responsibility of Johann Heermann College and its vicarious agents. The costs for the internet connection necessary to be able to use (course) offers online are the sole responsibility of the client. The Johann Heermann Kolleg does not guarantee that the services offered can actually be used with the client’s PC.

7.2 The (course) offers of the Johann Heermann College that are accessible via the Internet as part of the teaching offer may lead the user to call up external websites or links that are not controlled by the Johann Heermann Kolleg . Accessing external websites and links is voluntary and at the customer’s own risk. The Johann Heermann Kolleg cannot be held responsible for financial losses or other damages suffered by the client in cases where they access external websites or links. This limitation of liability does not apply in the circumstances listed under clause 8.2

7.3 In the event of a technical malfunction that makes it impossible for Johann Heermann College to conduct a lesson or another booked product, and if Johann Heermann College is responsible for the technical malfunction, Johann Heermann College may postpone or cancel the lesson. Clients who have already registered will be informed of a postponement or cancellation before the lesson takes place, insofar as this is possible for Johann Heermann Kolleg . Payments already made in advance will be refunded to the client in the event of cancellation.

7.4 The Client also expressly undertakes to protect access data and passwords provided to him/her by Johann Heermann College or its vicarious agents for the use of the (course) offer in such a way that unauthorised use of the services of Johann Heermann College by third parties is excluded. Access to the online offers is only available to those participants who have been assigned a personal password or an individual link under which the clients can gain access to the teaching units.

8 Termination / Cancellation

8.1 Cancellation of the booked course is possible free of charge up to 14 days before the start of the lesson.

8.2 In the case of later cancellations before the start of the first lesson, a cancellation fee of 50% of the tuition fees will be charged. The client is at liberty to prove to Johann Heermann Kolleg that the expenses saved by his/her cancellation justify a significantly lower cancellation fee or no cancellation fee at all.

8.3 For courses that have already begun, the following applies: The contract can be terminated with a notice period of four weeks to the end of the month, but no earlier than four weeks after the start of the course. Should a course only last eight weeks or less, the right of ordinary termination is excluded for this period. The right to extraordinary termination remains unaffected.

8.4 If the client is unable to attend the lessons (e.g. due to illness, holiday, professional incapacity, etc.), the lesson fee must still be paid. A refund of course fees from unused but already paid lessons is also excluded in the event of untimely termination. In the event of effective termination, the client may demand reimbursement of course fees from unused but already paid lessons that lie after the termination date.

8.5 Termination without notice is only possible for both contracting parties for good cause. If the customer does not fulfil his payment obligation and falls into arrears accordingly, this constitutes an important reason for Johann Heermann Kolleg , which entitles it to terminate the contract.

8.6 Any termination must be in text form to be effective.

8.7 If the client continues to attend lessons after the expiry of the agreed lesson duration, this shall be deemed to be an extension of the contract under the currently valid contract conditions.

9 Prerequisite and Consequences of Revocation
Right of withdrawal

Customers who are consumers have the right to withdraw from the contract concluded between them and Johann Heermann Kolleg within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. In order to exercise the right of withdrawal, consumers must give the

Johann Heermann Kolleg GmbH
Wilhelmstraße 9
33602 Bielefeld

Phone: +49 (0) 176 63159804
E-mail: hello@jhko.de

by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. Consumers can use the model withdrawal form printed below for this purpose. However, this is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you withdraw from this contract, I must repay you all payments that I have received from you immediately and at the latest within fourteen days of the day on which I received the notification of your withdrawal from this contract. For this repayment, I 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 because of this repayment. If you have requested that the services begin during the withdrawal period, you must pay me a reasonable amount corresponding to the proportion of the services already provided by the time you notify me of the exercise of the right of withdrawal in respect of this contract compared to the total scope of the services provided for in the contract.

Loss of the right of withdrawal

Your right of withdrawal expires before the end of the withdrawal period if I have started to perform the services with your express consent and the services have been fully performed before the end of the withdrawal period.

Withdrawal Form Example

If you wish to cancel the contract, please complete this form and return it either by post (to Johann Heermann Kolleg GmbH, Attn: Mr Davood Tareghyan, Wilhelmstraße 9, 33602 Bielefeld, Germany) or by e-mail(davidtareghyan@jhko.de) or via the contact form on our website:

I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (*):

Termination of the existing contractual relationship(s) in the context of the following services:

Performance of online-supported language instruction incl. language examinations

– Ordered on:
– Name of consumer(s):
– Address of consumer(s):
– Signature of consumer(s) (only in case of notification on paper)
– Date:

(*) Delete as applicable

10. Teachers

10.1 The teachers of the Johann Heermann Kolleg are not authorised to accept registrations, cancellations, terminations or similar. Such declarations are to be made exclusively to Johann Heermann Kolleg via the following e-mail address hello@jhko.de or via the contact form on the Johann Heermann College website.

10.2 There is no entitlement to instruction by a particular teacher.

10.3 The individual lesson plan is determined between the client and the Johann Heermann Kolleg, not between the client and the teacher.

11. Liability

11.1 Johann Heermann Kolleg shall only be liable in the event of intent and gross negligence. Furthermore, Johann Heermann Kolleg is liable for the negligent breach of essential contractual obligations (cardinal obligations), i.e. such obligations whose breach jeopardises the achievement of the purpose of the contract and on whose compliance a contractual partner may regularly rely. In the event of negligent breach of cardinal obligations, however, Johann Heermann Kolleg shall only be liable for the foreseeable damage typical for the contract.

11.2 The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.

11.3 Any exclusion or limitation of liability of Johann Heermann Kolleg also applies to the personal liability of its legal representatives, employees and other agents.

12. Final Provisions

12.1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn as a result.

12.2 The place of jurisdiction is the registered office of Johann Heermann Kolleg, i.e. Bielefeld, insofar as the customer is not a consumer but a merchant, a legal entity under public law or a special fund under public law or insofar as the customer – even if he is a consumer – has no general place of jurisdiction in Germany.

12.3 Amendments and supplements to the contract must be made in text form. Should one of the above provisions be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision.

12.4 The Johann Heermann Kolleg is entitled to amend these General Terms and Conditions with effect for the future, insofar as this becomes necessary due to a change in the legal situation, case law or business and factual developments. The assessment as to whether the aforementioned conditions exist is at the discretion of Johann Heermann College. With regard to any changes, the clients have a right of objection. If this is not exercised within two weeks of receipt of the declaration of the intention to amend, the amendment to the General Terms and Conditions is deemed to have been accepted. If the client objects to the change, the Johann Heermann Kolleg has a special right of termination, which entitles it to terminate the contract with four weeks’ notice to the end of the month.