General terms for participation in adult education centre courses

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1. Agreement

(1) An agreement comes into effect when a student enrols for a course and then receives conformation of admission. If the adult education centre does not expressly declare acceptance of enrolment requested in writing, by telephone and/or per e-mail, an agreement comes into effect when the registration certificate is handed over. Retroactive changes, in particular, retroactive refund claims, are ruled out.

(2) Students receive a registration certificate as proof of registration and as a receipt at the time they enrol for a course (except for enrolment for face-to-face advisory events, enrolment tests and presentations of works completed at the adult education centre). Entitlement to child care services is shown on the registration certificate. The registration certificate is specific to the student and cannot be transferred.

(3) Agreements are contingent upon the minimum number of students published in the adult education centre’s programme. In the case of courses that are longer than one semester and end with an official examination, this minimum-number requirement applies to the first semester only.

2. Scope and preconditions for enrolment

(1) The scope of the adult education centre’s services (venue, time, duration, subject, aim of education) is described in the adult education centre’s programme in the version published and posted at the office and/or published on the Internet at the time of registration.

(2) The adult education center can make participation in a course contingent upon the fulfilment of personal and/or non-personal conditions. The necessary preconditions are published, as far as possible, on the adult education centre’s programme and on the Internet.

3. Tuition fees

(1) The general rules regarding the amount of tuition fees and fee reductions are published in the adult education centre’s programme and on the Internet.

(2) The total costs for each course (for students paying the full amount and for students entitled to a reduction) are published in the adult education centre’s programme and on the Internet.

(3) Proof of entitlement to a fee reduction must be provided by showing the required valid documents at the time of enrolment. A retroactive fee reduction for courses is not possible after enrolment. No further person-related reduction is available for courses where fees have already been reduced.

4. Payment

(1) Irrespective of whether the student actually attends the course, enrolment always means that the costs shown in the programme must be paid before the course commences.

(2) Payment in cash or by Maestro card must be effected at the time of enrolment and is only possible at the office of the adult education centre where the course is held.

(3) The tuition fee is payable before the course commences if the SEPA direct debit procedure is used.

(4) If direct debiting of an amount is not possible because the student’s data is incomplete, due to insufficient funds or because the student has instructed his or her bank otherwise, the student is obliged to bear the resultant costs. The adult education centre is then entitled to terminate the agreement and to enrol another student.

(5) Payment by bank transfer is permitted in exceptional cases only and subject to prior agreement with the adult education centre.

(6) It is not possible to retroactively issue invoices to third parties.

(7) Payment in instalments can be agreed to in exceptional justified cases.

5. Registration certificate

On request, the adult education centre issues a registration certificate to students who have regularly attended a course (minimum of 70 percent). The first certificate is issued for free within one year after completion of the course. A fee of €10 is charged for certificates issued later and/or as replacements.

6. Organisation-related changes

(1) The adult education centre is not obliged to have a course held by the teacher shown in the adult education centre’s programme.

(2) If a course is not held because of an insufficient number of registrations, students will be refunded the tuition fee already paid as well as surcharges, if any, the child care fee as well as the administration fee.

(3) If it is not possible to hold courses in the form originally planned (for instance, due to the teacher being prevented or due to classrooms being closed), the adult education centre will offer students an equivalent alternative, in particular, by subsequently offering replacement for those parts of the course that were not held. If it is not possible to offer an equivalent replacement or if students are unable to make use of the alternative offered, the tuition fees for the affected parts of the course will be refunded. Details are laid down in section 9, subsections 1 to 4 below.
(4) Except for cases of intent or gross negligence, the amount of monetary damages is limited to the tuition fee for the current course section.

7. Disclaimer

(1) The federal land of Berlin assumes liability for accidents and other damage or loss which students may suffer, as well as theft or damage to students’ property during events, only in the case of intent or gross negligence attributable to the federal land of Berlin.

(2) The disclaimer in subsection 1 hereof does not apply to cases where the adult education centre culpably violates any material (cardinal) duties under the agreement, nor to cases of culpable injury to the student’s life, body or health.

(3) The federal land of Berlin does not assume any liability for accidents or any other damage or loss on the way to and from courses.

8. Students' obligations

(1) Students are obliged to sign (initial) with their name in the attendance list whenever participating in a course at the adult education centre.

(2) The registration certificate must be shown on request. If this is not possible, the student can be prevented from attending the course unless the right to attend can be proven by other suitable means. This is also applicable to the child care service.

(3) Students are obliged to handle the devices, equipment and rooms of the adult education centre with care and to observe the house rules, the fire prevention regulations for the buildings where courses are held as well as the non-smoking policy, if any.

9. Withdrawal and termination by the adult education centre

(1) The adult education centre can terminate or withdraw from the agreement if a course cannot be held as a whole or in part for reasons beyond the centre’s control (including, for instance, non-availability of the teacher or closing of classrooms).

(2) The adult education centre can terminate the agreement during a course section with immediate effect if the actual number of students in the course drops permanently (at least on three consecutive course dates) below the number of students that is required for educational and methodological reasons.

(3) If a course is not held, students will be refunded the tuition fee already paid as well as surcharges, if any, the child care fee as well as the administration fee.

(4) If a course is only held in part, tuition fees for those parts which were not offered will be refunded. The same is applicable to the child care fee. Administration fees as well as expenses for consumables actually consumed will not be refunded. In cases where it would be unreasonable to charge fees for an incomplete course held (especially if the incomplete course is without any value for the students), the tuition fee paid, any fee surcharges charged and, if applicable, the child care fee as well as the administration fee will be refunded to the students.

(5) The adult education centre can terminate the agreement for cause with immediate effect even during a course. Termination for cause is, in particular, possible in the cases described in subsections 1 and 2 as well as in the following cases:

a) Failure to pay the tuition fee and or instalments, if any, when due

b) Failure to fulfil the personal or non-personal conditions for attending the courses according to section 2, subsection 2

c) Conduct in violation of community interests

d) Serious violations of the house rules

(6) If the adult education centre terminates the agreement on the basis of subsection 5 for failure to fulfil personal and non-personal conditions for participation, tuition fees for courses not attended will, if applicable, be refunded in analogy to the procedure described in subsection 4.

10. Termination and revocation by students

(1) Students can terminate the agreement in writing, in person, per fax or per e-mail to be sent to the office of the adult education centre.

(2) Notification by telephone, informing the teacher or staying away from the course do not qualify as termination.

(3) The adult education centre confirms termination in writing. Notice of termination given per e-mail can be confirmed per e-mail.

(4) In the case of notice of termination up to 14 days prior to commencement of the course, the tuition fee, fee surcharges, if any, as well as the child care fee will be refunded after deduction of a flat sum of €6. In the case of notice of termination from the 13th day to one working day prior to commencement of the course, the tuition fee, fee surcharges, if any, as well as the child care fee will be refunded after deduction of a flat sum of €12. Fees of less than €12 are due in full.

(5) From the first day of the course, no refunds will be made for the tuition fee, fee surcharges, if any, the administration fee as well as the child care fee.

(6) If the course has a defect which can impair the aim of the course on a lasting basis, the student is obliged to notify the adult education centre in writing of such defect and to afford it the opportunity to remedy such defect within a reasonable additional period to be set by the student. If the adult education centre fails to remedy such defect as contemplated in the foregoing, the student can terminate the agreement for cause after expiry of such additional period.

(7) A statutory right of revocation, if any (for instance, in the case of distance selling transactions), remains unaffected by the foregoing.

(8) If participation in adult education centre courses is subsidised with public funds and if the subsidy terms and conditions provide for more far-reaching termination rights than these general terms, students can exercise such more far-reaching rights.

Unauthorised copying and passing on of course materials is not permitted. Unauthorised photo, video and audio recordings during courses are not permitted.

12. Storage of personal data

(1) The adult education centres use data processing systems for the administration of courses. The following data is captured during enrolment: name, first name, title, address, age, gender, telephone number, e-mail address, reason for fee reduction, course number, semester, course title and tuition fee and, in the case of a SEPA direct debit mandate, bank details. For statistical reasons, the distribution of age groups as well as the gender information is anonymised before further processing.

(2) In the case of payment per SEPA direct debit mandate, the name, first name, bank details, tuition fee as well as the course number are forwarded to the adult education centres’ banks.

(3) Storage and processing of the data necessary to process the courses via the database of the adult education centre are contingent upon the student’s consent under the applicable data protection laws and regulations (signature on the enrolment form and/or ticking off of the corresponding sections during online enrolment). Enrolment without this consent is not possible

13. Special courses

The information brochures of the respective adult education centres are applicable.