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Terms and Conditions

General Terms and Conditions

As at 30 May 2024

Scope

The following terms and conditions of participation (General Terms and Conditions/‘GTC’) govern all contractual relationships between Colón Fremdsprachen-Institut GmbH & Co KG and Colón Kommunikations- und Mediengesellschaft für Fremdsprachen mbH (hereinafter referred to as ‘Colón’) and the course participant* (also referred to as the ‘customer’), who makes use of services offered by Colón.

* This term covers both the masculine and feminine forms.

Registration

(1) Colón’s online offers and current brochures constitute a binding offer to you. Registration (booking) may be made in person, in writing by post or email, or via the Colón online shop, and becomes binding on you upon registration. The contract only becomes valid upon receipt of a confirmation of registration or booking from Colón. These General Terms and Conditions apply to all forms of registration.

(2) You hereby expressly agree that Colón shall commence provision of the service upon conclusion of the contract and before the expiry of any withdrawal period.

Confirmation of registration

(1) Upon receipt of your registration, Colón will check availability and send you a registration and booking confirmation, including details of payment terms and any required deposit.

(2) Special note regarding German as a Foreign Language courses –
deposit required:
A deposit is required for bookings of German language courses. The deposit covers the course fee for the first 4 weeks or the full course fee for courses lasting less than 4 weeks. For bookings including accommodation, an additional deposit of €80 is payable.

Once we have received your deposit, you will receive your confirmation of booking, which may already include detailed information about your accommodation and travel arrangements.

(3) If you do not pay your deposit within the payment deadline, Colón is entitled to withdraw from the contract and allocate the course/accommodation place to someone else.

(4) Language school visa: Enrolment on a language course at the Colón Language Centre, provided that certain other conditions are met, enables the granting of a visa to attend the booked language course (at the Colón Language Centre). Further requirements may include, amongst other things, proof of sufficient funds, health insurance, accommodation or similar; for further details, please see www.colon.de. Colón cannot guarantee that a language school visa will be granted by the German authorities, either in Germany or abroad.

Pricing and payment terms

(1) The prices stated at the time of booking (price lists) shall apply.

(2) By registering, you undertake to pay the course and accommodation fees before the start of the first course session or upon receipt of the invoice. Late payments are only possible as part of an instalment plan and may be agreed in writing in individual cases.

(3) Payment in the online shop is made by bank transfer or, where applicable, by international bank transfer. In-store in Hamburg, payments can also be made by debit or credit card, or in cash.
(4) Fees may be increased during the term of the contract. Notice of any increase will be given at least four weeks in advance by means of a notice. Fees are generally adjusted on an annual basis.


General information

(1) A lesson lasts 45 minutes.

(2) The Colón Language Centre accepts no liability for failure to achieve a specific level of learning or teaching success. The guidelines provided by the Colón Language Centre regarding the number of lessons required to reach a particular language level are based on many years of experience and may differ from actual requirements in individual cases.

(3) In the event of cancelled lessons or programmes, Colón shall offer replacement lessons or programmes. If this is not possible in individual cases, Colón undertakes not only to notify the customer immediately but also to refund any fees paid for lessons that have not taken place, once the relevant programme has been completed. Beyond this, the course participant shall have no further claims against Colón.

(4) If there are not enough enrolments for a course, Colón is under no obligation to run it. The school management reserves the right to cancel or merge courses if the minimum number of participants is not reached, or to transfer participants from one course to another.

(5) There is no entitlement to be taught by a specific teacher. A change of teacher may form part of the Colón Method and does not entitle the customer to terminate or withdraw from the contract.  

(6) Organisational matters can only be arranged with the customer service team in the secretariat, not with the teacher.

(7) The Customer Services team in the secretariat must be notified immediately of any change of address.

(8) Teaching materials are generally not included in the price.

Course duration, extensions and public holidays

(1) Your enrolment is valid for the period specified at the time of booking. For group courses in German as a foreign language, this is normally on a 4-week cycle.

(2) If no end date was specified in your registration, your booking will automatically be extended by a further 4 weeks each time. If you have specified an end date but continue to attend your course, your booking will also be automatically extended by a further 4 weeks. This also applies if a funding body is covering your costs. Should your company’s funding cease and you continue to attend the course, you will be required to cover the costs of your participation yourself.

If you wish to withdraw from open-end courses, please notify the administration office in writing before the end of your personal booking period. Otherwise, you will be charged for the next four weeks.

We will only accept weekly attendance if you inform the secretariat in advance. Part-wochen are charged as full weeks; it is not possible to charge on a daily basis.

(3) The obligation to pay applies regardless of whether you are present. The agreed payments must be made even in the event of a break or absence.

(4) Lessons missed or cancelled through no fault of the school will not be made up. This applies in particular to lessons cancelled due to public holidays, public events, staff meetings, and on 24 and 31 December.

The school will be closed between 24 and 31 December. For this period (excluding public holidays and 24 and 31 December), the fees for the missed lessons will be refunded or deducted from the invoice.

Withdrawal, cancellation (course / accommodation) and rescheduling of a course

(1) Withdrawal, cancellation or rescheduling of a course is only possible by written notice.
(2) Unless the course participant provides a replacement participant to take over the contract, the following cancellation terms apply (courses in German as a Foreign Language):

– If you cancel up to 4 calendar weeks before the course starts, a cancellation fee of 50 per cent of one month’s fee (or the fee already paid) is payable.

– If you cancel within the last 28 calendar days before the course starts, a cancellation fee of 100 per cent of one month’s fee (or the fee already paid) is payable.

– Once the course has started, it is no longer possible to cancel; course fees are non-refundable.

(3) Withdrawal from and cancellation of the reserved accommodation is only possible by written notice. If the customer is unable to provide a replacement guest to take over the booked accommodation, the deposit (€80) will be retained as an administration fee in the event of cancellation up to the day of arrival. The statutory provisions remain unaffected.

If the booking is cancelled after the day of arrival, cancellation is no longer possible; in this case, any fees paid for the accommodation will not be refunded.

(4) If you register within the last 4 weeks before the course starts, you will no longer be able to withdraw, or the above cancellation terms will apply.

(5) Course postponement: Should you need to postpone the start of your course to a later date, or should your visa not be granted by the intended date, please notify us in advance in writing. Any change to your booking (e.g. postponing a course) costs €80. Once the course has started, it cannot be postponed. Credit balances are valid for 1 year and cannot be transferred or refunded.

One-to-one tuition

(1) Course fees must be paid before the course begins.

(2) The lessons must be taken within one year of the start of the course.

(3) Lessons not attended by the participant will not be refunded.

(4) Should a participant be unable to attend a lesson, the lesson may be rescheduled or cancelled by 1.00 pm on the preceding working day; for Monday lessons, this is by 1.00 pm on Friday (or, for public holidays, by 1.00 pm on the preceding working day). If the lesson is cancelled after 1.00 pm, it cannot be rescheduled.

The point of contact for this is the Colón Office (info@colon.de), not the teacher.

Language exams

(1) Registration is binding; the examination fee must be paid at the time of registration.

(2) If a candidate does not sit the examination, the examination fee paid will not be refunded; however, a substitute candidate may be nominated by written notice no later than the preceding working day.

(3) In the event of illness, a doctor’s certificate must be submitted to Colón no later than 3 days after the examination. In this case, the examination fee will be refunded, less an administration fee of €60.

(4) The telc examination regulations apply to telc examinations.
Please note: It usually takes around 4–6 weeks for telc examinations to be marked. We will inform you as soon as the results are available.

Accommodation and transfers

(1) The accommodation/transfer will be booked in your name; the cost of the accommodation/transfer must be paid to Colón in advance.

(2) Should you cause any damage to your accommodation, you will be liable for the cost of the damage.

(3) The hosts’ house rules apply at your accommodation and must be observed.

Taking out insurance

We recommend that you take out health and accident insurance, as well as third-party liability insurance, for the duration of your stay in Germany. If you have health insurance in your own country, please check whether your cover is valid in Germany. If you do not have health insurance, we recommend taking out a policy with HanseMerkur Reiseversicherung AG (HanseMerkur Reiseversicherung AG, Siegfried-Wedells-Platz 1, 20354 Hamburg). https://www.hmrv.de/incoming-versicherung/deutschlandschutz.

For further information, please contact HanseMerkur Reiseversicherung AG directly: Tel. +49-(0)-40-4119-1100.

Disclaimer

(1) Colón (or the accommodation provider) shall only be liable for illness, accidents and other losses, e.g. theft or damage to your belongings during the events, in cases of clear intent or gross negligence.

(2) Neither Colón nor the accommodation provider accepts liability for accidents or other injuries sustained whilst travelling to or from the events.

(3) Participants under the age of 18 are under the supervision of the teaching staff during lessons at Colón and, if arranged, of their host family. However, underage participants may also be unsupervised for limited periods, for example during breaks, after lessons when their host parents are still at work, or on their way to and from school. Participants travel alone by public transport from their host family to school and back. The house rules of the school and the host family must be followed and observed. In Germany, the Youth Protection Act applies to young people under the age of 18. https://www.bmfsfj.de/bmfsfj/service/publikationen/jugendschutz—verstaendlich-erklaert/86302?view=DEFAULT.

(4) In the event of breaches of the Youth Protection Act or the house rules by underage participants, Colón reserves the right to exclude them from the course and accommodation with immediate effect. In such cases, no refund will be given for missed lessons, accommodation costs or exceptional travel expenses.

Neither Colón nor the host family assumes any duty of supervision or care with regard to minors. Parents who enrol course participants under the age of 18 expressly agree to this.

House Rules

(1) We ask you to look after your own coats and valuables, as neither the school nor your host accepts any liability for them.

(2) Smoking and the consumption of alcohol are not permitted on our school premises! Photographs, screenshots, and audio and video recordings are prohibited!
(3) You are obliged to stay away from the school if you have symptoms of infectious diseases, to treat the equipment, facilities and event venues you use with care, and to observe the school’s and host’s house rules and fire safety regulations – as well as the smoking bans. Any breach of the house/school rules entitles Colón to impose an immediate ban on entry to the premises. In this case, no fees will be refunded.

(4) Colón does not tolerate insults or discriminatory remarks directed at teaching staff, employees or other participants or visitors on its premises. Any breaches entitle Colón to impose an immediate ban from the premises.

Dismissal on grounds of misconduct

(1) Colón may terminate the tuition and accommodation contract without notice if, despite a warning from Colón, the course participant causes persistent disruption or behaves in such a manner contrary to the terms of the contract that immediate termination of the contract is justified. Termination may be considered in particular if the course participant breaches the statutory provisions of which they have been informed (e.g. regarding drugs, alcohol or the possession of weapons), or the rules of the language school or the host.

(2) Termination is subject to a prior warning, unless the course participant’s breach or misconduct is objectively so serious that, even taking into account the legitimate interests of all parties, immediate termination by Colón is justified. This applies in particular where there is a significant risk to the course participant themselves or to other persons involved.

(3) If Colón cancels, it retains the right to the course and accommodation fees as stated in the registration form. Any refund for services not used following the cancellation is at the organisation’s discretion.

Data Protection

The customer agrees that their personal data may be stored by Colón Fremdsprachen-Institut GmbH & Co KG and Colón Kommunikations- und Mediengesellschaft für Fremdsprachen mbH, which form a single organisational unit, for internal (course) organisational and administrative purposes. The full privacy policy can be found at www.colon.de/Datenschutz.
Use of a digital platform with a video conferencing module as part of school operations: Where – due to exceptional circumstances such as a pandemic – normal school operations are not possible or are only possible to a limited extent, Colón offers online lessons based on video conferencing between teachers and course participants. For the use of this platform during normal school operations, the school relies on Article 6(1)(a) of the GDPR through the consent provided in the school contract, or alternatively on Article 6(1)(b) for the fulfilment of the teaching mandate.
 

Intensive courses/educational leave

  1. Classes take place from 8.00 am to 1.00 pm, Monday to Friday (6 lessons per day, each lasting 45 minutes) or, for educational leave courses in Lower Saxony and Hesse, from 8.00 am to 3.00 pm (8 lessons per day, each lasting 45 minutes – one-to-one tuition available only on request and at an additional cost).
  2. There are no lessons on public holidays. Any lessons cancelled on these days will be made up on the remaining course days. You will receive the revised timetable at the start of the course.
  3. Group size: Colloquial English courses have 5–10 participants*, whilst German as a Foreign Language courses have 5–14 participants. All other courses (including Business English) have 4–10 participants.
  4. Minimum number of participants: If there are not enough enrolments by 3 working days (usually by Wednesday, excluding public holidays) before the course starts, the school may cancel the course. You must give your explicit consent to any increase in the course fee should the minimum number of participants not be reached, before the course begins. This consent shall then form part of the contract. Where necessary, parallel courses will be organised.
  5. For pedagogical reasons, the school management reserves the right to make the final decision regarding the composition of the courses, the choice of teaching method and the selection of teaching staff*. Colón reserves the right to postpone, interrupt or cancel your intensive course/educational leave at short notice for good cause, e.g. if the minimum number of participants is not reached or in cases of force majeure. As a course participant, you are not entitled to a specific teacher or a specific classroom. Colón reserves the right to change or reschedule the planned sequence of individual lessons in the event of a teacher falling ill at short notice. In this case, participants will be notified immediately.
  6. Withdrawal without incurring any costs (apart from a cancellation fee of €25) is possible up to ten calendar days before the start of the course by means of a written notice. After this point, withdrawal is no longer possible and the course fee must be paid in full, unless a replacement participant is found who will cover the seminar costs. If registration takes place within the last 10 calendar days before the course begins, withdrawal is no longer possible. The right of withdrawal under Section 355 of the German Civil Code (BGB) applies by operation of law to contracts concluded outside business premises and to distance contracts (e.g. online registrations) – Section 312g(1) BGB. The statutory provisions remain unaffected. Missed lessons will not be refunded.
  7. If you fall ill for more than a week whilst a course is already underway, you may make up for that week in a later course (provided it goes ahead), upon presentation of a medical certificate. A refund of course fees is not possible in this case. Unused but already paid-for teaching units (TU) lapse 3 years after the end of the year in which the entitlement to attend the TU arose.

Evening classes – open-ended

The Colón evening courses are run in accordance with the current programme and subject to the following terms and conditions, which form an integral part of the contract. Registration is required prior to attendance. By registering, you accept these terms and conditions.

  1. Registration / Commitment Period: Your enrolment is valid for the first 3 months from the start date specified on the enrolment form and is then automatically extended by a further month at a time, unless you notify Colón that you wish to terminate your course at least 2 weeks before the end of your personal billing period in the month of termination. We ask that you provide this notice in writing or in person at the administration office.
  2. All evening courses have between 4 and 10 participants per group. Each lesson lasts 45 minutes. Lessons take place once a week, comprising 2 lessons (45 minutes each).
  3. Course fees apply to your personal billing month. They are payable monthly in advance without being requested.
  4. Withdrawal without incurring any costs (apart from a cancellation fee of €25) is possible up to 1 week (7 calendar days) before the course starts by means of a written notice. After this point, withdrawal is no longer possible and the course fee must be paid in full (for 3 months), unless a replacement participant is found who will cover the course costs. If you enrol within the last week before the course begins, withdrawal is no longer possible. The right of withdrawal under Section 355 of the German Civil Code (BGB) applies by operation of law to contracts concluded outside business premises and to distance contracts (e.g. online registrations) – Section 312g(1) BGB. The statutory provisions remain unaffected.
  5. Colón reserves the right to postpone, interrupt or cancel your evening course at short notice for good cause, e.g. if the minimum number of participants is not reached or in cases of force majeure. As a course participant, you have no entitlement to a specific language course tutor or venue. Colón reserves the right to reschedule the planned sequence of individual lessons at short notice in the event of the relevant language course tutor falling ill at short notice. In this case, participants will be notified immediately. Colón reserves the right to determine the composition of courses, the choice of teaching method and the selection of teaching staff. Colón is entitled to merge or disband classes with fewer than 4 participants, even during the contract period.
  6. You will not be refunded for any lessons you miss, as the course continues even if individual participants are absent. There are no lessons on public holidays, Christmas Eve and New Year’s Eve, or between Christmas and New Year. No reduction in fees is possible in these cases, as our teachers continue to receive their full salaries. Similarly, no reduction in fees is possible if lessons are cancelled due to force majeure or a strike.
  7. For organisational reasons, it is not possible to make any arrangements with your teachers.

Small-group courses

  1. Mini-groups have 3–5 participants*, and each lesson lasts 45 minutes.
  2. If there are not enough enrolments by 3 working days before the course starts, the school may cancel the course. If there are more than 5 enrolments, parallel courses may be organised. You must give your explicit consent to any increase in the course fee should the minimum number of participants not be reached, before the course begins. This consent shall then form part of the contract.
  3. Scheduled mini-groups consist of 30 teaching hours and take place in accordance with the current timetable or by arrangement.
  4. For educational reasons, the school management reserves the right to make the final decision regarding the composition of the courses, the choice of teaching method and the selection of teachers. Colón reserves the right to postpone, interrupt or cancel your mini-group at short notice for good cause, e.g. if the minimum number of participants is not reached or due to force majeure. As a course participant, you have no entitlement to a specific language course tutor or classroom. Colón reserves the right to change or reschedule the planned sequence of individual lessons in the event of the responsible language course tutor falling ill at short notice. In this case, participants will be notified immediately.
  5. Withdrawal without incurring any costs (apart from a cancellation fee of €25) is possible up to one week before the course begins by means of a written notice. After this point, withdrawal is no longer possible and the course fee must be paid in full, unless a replacement participant is found who will cover the course costs. If you register within the last week before the course begins, withdrawal is no longer possible. The right of withdrawal under Section 355 of the German Civil Code (BGB) applies by operation of law to contracts concluded outside business premises and to distance contracts (e.g. online registrations) – Section 312g, 1 BGB. The statutory provisions remain unaffected.
  6. Missed lessons cannot be refunded. In the event of illness prior to the start of the course, a later course date may be chosen upon presentation of a medical certificate. If illness occurs whilst a course is already in progress, the missed lessons may be made up in a later course (including an evening course, where applicable) upon presentation of a medical certificate. Unused but already paid-for teaching units (TU) lapse 3 years after the end of the year in which the entitlement to attend the TU arose.
  7. Please take care of your own belongings and valuables, as the school accepts no liability for them.

Alternative lessons to face-to-face teaching take place online. Where – due to special circumstances such as pandemics – normal school operations are not possible or are only possible to a limited extent, Colón offers online lessons via video conferencing between teachers and pupils (usually using Zoom). For the use of this platform during normal school operations, the school relies on Article 6(1)(a) of the GDPR, based on consent given as part of the school contract, or, alternatively, on Article 6(1)(b) for the fulfilment of the school’s educational mandate.

The teaching agreement is intended to support vocational training or to ensure proper preparation for an examination to be sat by a legal entity governed by public law.

Final Provisions

(1) Any amendments or additions to the contract must be made in writing.

(2) The Colón Language Centre is an accredited (certified) continuing education provider recognised by ‘Weiterbildung Hamburg e.V.’. Through regular audits and the ongoing development of quality standards, Weiterbildung Hamburg e.V. ensures the quality of continuing education.

(3) Participant protection service for dispute resolution provided by Weiterbildung Hamburg: Through its quality mark, Weiterbildung Hamburg provides a protection service for participants. In the event of disputes between a further education provider and a course participant, a mediation service is available free of charge.

(4) In the event of any dispute regarding the meaning or interpretation of a provision in a translated version of these Terms and Conditions, the German version shall prevail in the event of any doubt.

(5) The teaching agreement is intended to facilitate vocational training or proper preparation for an examination to be sat by a legal entity governed by public law.

(6) The place of performance and the place of jurisdiction shall be Hamburg.