General Terms and Conditions
Date: October 31, 2018
1. Scope of application
The following general terms and conditions of the non-profit company Tonify - Language and Literacy gUG (hereinafter referred to as Tonify) are the basis for the conclusion of contracts for all services offered on the website www.tonify-language.com, in particular language teaching and literacy. Language training is not a distance learning contract. Tonify's website is intended for businesses and private as well as commercial Customers (hereinafter referred to as the Customer). Our general terms and conditions are the basis for both parties.
As far as individual contractual regulations exist, which deviate from or contradict the provisions of these general terms and conditions, the individual contractual regulations take precedence.
2. Conclusion of contract
The contractual relationship between Tonify and the Customer is established as follows:
On the website, the Customer chooses the course, class or lecture he/she wants to book. Then he/she is directed to the booking software of bookeo. There the Customer logs in with name, email address and telephone number (registration). Afterwards the Customer books the course or lecture and pays online. This process represents the Customer's offer to conclude a contract. The contractual relationship is concluded by the confirmation of the booking and online payment by email.
For classes the minimum booking is 5 classes. To do this, first a prepaid card for at least 5 classes is purchased online and then the individual classes can be booked. Here too, the contractual relationship comes into effect with the confirmation of the booking and the online payment by email.
The confirmation email contains the booking confirmation and the link to the virtual classroom. Only the complete receipt of the fee before the start of the training course entitles the participant to participate in the training course.
Registration for classroom training can be done by email or post. Upon receipt of the confirmation email by the Customer, the contract between Tonify and the Customer is concluded.
For participants under 18 years of age, the signature of a guardian is required at registration.
3. Right of revocation
The Customer has no right of revocation on the basis of Section 312 g para. 2 no. 9 of the German Civil code (BGB).
4. Price indications
For the respective services the prices at the time of booking apply. These are published on the website. The services shown are exempt from turnover tax according to Section 4 no. 21 of the German Value Added Tax Act (UStG). Prices for lessons and materials are quoted subject to the Customer's placement in a corresponding course. Should the classification differ from the actual requirements, prices may change.
5. Terms of payment
The applicable prices can be found in the respective description of the language training courses on the website www.tonify-language.com. With the registration the Customer commits himself/herself to participate and pay the price.
6. Cancellation of registration
In the event of cancellation or rescission of the contract by the Customer in compliance with the following deadlines
for courses: up to 2 weeks before the start of the course
for classes: up to 24 hours before the start of the class
for lectures: up to 12 hours before the start of the lecture
the Customer will be refunded the full amount minus a flat-rate compensation of 5% of the amount paid.
If the Customer does not cancel within the periods mentioned in 6.1, the following applies:
If the cancellation is made less than 1 week before the start of the course for courses, less than 12 hours before the start of the class for classes and less than 6 hours before the start of the lecture for lectures, the refund will be made minus a flat-rate compensation of 15%.
Cancellation can be made by telephone or by e-mail to email@example.com, whereby the Customer is responsible for providing proof that the cancellation was received in time.
In the above cases, the message must be received by Tonify within the relevant period.
The payments in the event of cancellation have been calculated taking into account the expenses usually saved, as well as the expected expenses for processing the reverse transaction (repayment) and the associated costs. Both parties shall be entitled to prove higher or lower damages.
7. Performance and contractual period
Tonify offers training in foreign languages and literacy. Qualified trainers conduct the courses, classes and lectures as online or classroom training. The start and duration of the courses, classes and lectures can be found in the programme on the Tonify website. One lesson lasts 45 minutes.
A course consists of 72 lessons, costs 720 € and lasts 8 weeks. One class consists of one double lesson. The minimum booking for classes is 5 classes for 100 €. A lecture lasts one lesson. There is no minimum booking for lectures. The lecture can be booked as a single lesson and costs 5 €.
Further offers can be provided by separate agreements on request.
8. Technical requirements
The minimum technical requirements are compiled in a corresponding document, which is made available to the Customer before conclusion of the contract and can be modified due to technical changes.
The Customer is responsible for ensuring that the technical requirements for access to the training courses are met. This applies above all to the hardware and operating system software used, the connection to the Internet and the current browser software.
The Customer shall carry out necessary and reasonable adjustment measures. Should the software and hardware requirements exceed the usual market system requirements and the training courses therefore not be usable for the Customer, the Customer is entitled to extraordinary termination with a notice period of two weeks to the end of the month.
Tonify shall only be liable for damages caused by Tonify or its vicarious agents through intent or gross negligence. Tonify is only liable for simple negligence - except in cases of injury to life, body or health - if essential contractual obligations are violated. In this case the liability is limited to the contract-typical and foreseeable damage.
Tonify is not liable for periods of unavailability of the training courses due to malfunctions caused by errors of the data transmission network or which are in the area of responsibility of the data transmission company or due to force majeure, in particular power failures which are beyond the control of Tonify or due to short-term urgent maintenance work of Tonify.
Tonify is not responsible for the availability and accessibility of www.tonify-language.com. Tonify is not liable for failure to achieve a particular learning outcome.
Tonify is not liable for the cancellation of individual trainings due to force majeure. If a training session cannot take place due to illness of the trainer or technical problems at Tonify, a replacement session will be offered in consultation with the Customer.
10. Place of jurisdiction
The exclusive place of jurisdiction for all disputes arising from the contracts concluded with Tonify is Mainz, if the Customer is a merchant or a legal entity under public law. Otherwise, the statutory places of jurisdiction shall apply.
11. Consumer dispute resolution, out-of-court dispute resolution
Tonify is neither willing nor obliged to participate in dispute resolution proceedings before a consumer dispute resolution body.
12. Other provisions
The law of the Federal Republic of Germany applies exclusively.
Changes and additions to the contract must be made in writing. If any of the foregoing provisions should be invalid, Tonify shall be entitled to replace such invalid provision by a valid provision with a similar purpose. If this is not possible, the statutory provisions shall apply.
Tonify - Language and Literacy gUG
limited and charitable
represented by the managing director Dr. Tina Heinze
55122 Mainz Germany
Tel.: +49 6131 2670062
E-mail: contact (at) tonify-language.com