General Information

1. Provider Information

   The language courses and related services are offered by Lingua Classica – Zabelina, Elena und Das, Tanmay Kumar GbR, Bahnhofstraße 42, 33602 Bielefeld, Germany. All correspondence relating to contracts, enrollment, and payment must be directed to this address or to the official email address info@linguaclassica.de. The GbR is jointly represented by the named partners, who are equally responsible for the proper fulfillment of contractual obligations. Students are encouraged to retain this information for their records, as it constitutes the formal provider identification required under § 5 TMG (Telemediengesetz).

2. VAT Exemption

   All course fees are exempt from VAT under § 4 Nr. 21 a) bb) UStG, issued by the Bezirksregierung Detmold (District Government of Detmold), the competent regional authority in North Rhine-Westphalia.

3. Scope of Application

   These Terms and Conditions (AGB) apply to all contracts between Lingua Classica and its students (“Student”), whether concluded online or in person. They govern participation in all language courses, private lessons, exam preparation sessions, and related services, unless otherwise explicitly agreed upon in writing. By enrolling, the Student accepts that these Terms form an integral part of the contractual agreement. Any alternative terms proposed by the Student are excluded unless Lingua Classica has expressly agreed to them in writing.

4. Contractual Language (Please refer to Section G, clause 2)

   The contractual language for all agreements with Lingua Classica is German. Translations into English or other languages are provided exclusively for convenience and information purposes. In the event of discrepancies between the German version and any translation, the German version shall prevail as legally binding. Students are therefore advised to refer to the German version in case of doubt, in order to ensure their full understanding of rights and obligations under this contract.

5. Definition of “Course”

   For the purpose of these Terms of Service, a “Course” refers to a distinct and self-contained contractual service unit that is booked for a specific duration or a defined number of teaching units (Unterrichtseinheiten). Each course constitutes an independent service contract (Dienstvertrag as defined in § 611a BGB) concluded between the student and Lingua Classica – Zabelina, Elena und Das, Tanmay Kumar GbR.

   A Course shall not be understood as one entire language level (e.g. A1, A2, B1, B2, C1) or as a series of consecutive modules (A2.1, A2.2). Each booking—whether for an intensive, evening, private, or exam preparation course—represents a separate contractual performance obligation within the meaning of §§ 305 to 307 BGB and § 611a BGB.

   Accordingly, the booking applies only to the specific course duration or the specific number of teaching units agreed upon, and not to an entire level progression. Completion of one Language Level (for example, A1) does not create a right to cancel, modify, or withdraw from another Language Level (for example, A2 or B1) outside the statutory or contractually defined withdrawal or cancellation periods.

6. Conclusion of Contract (Please refer to Section G, clause 2)

   a) Online Enrollment: By completing the online enrollment form and confirming the order using the legally required button “Zahlungspflichtig buchen / Confirm Enrollment – Payment Required,” the Student submits a binding contractual offer (§ 145 BGB). The contract comes into effect only once Lingua Classica issues a written confirmation via email.

   b) On-Site Enrollment: When enrolling in person at the school, the Student submits a binding offer by signing the physical enrollment form. The contract is concluded upon countersignature or written confirmation by Lingua Classica. Both methods of enrollment are legally equivalent and binding.

7. Applicable Law and Jurisdiction (Please refer to Section G, clause 1)

   All contracts are subject to German law, to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG). For Students who are merchants under German law, the place of jurisdiction is Bielefeld. For consumers, the statutory provisions regarding place of jurisdiction remain unaffected. Mandatory consumer protection rights, especially under EU law, continue to apply in all cases. This ensures that Students retain the minimum legal protections provided in their country of residence, even if German law is chosen.

8. Force Majeure (Please refer to Section G, clause 3)

   Lingua Classica shall not be held liable for delays, cancellations, or changes to courses caused by circumstances beyond its reasonable control. Such events include but are not limited to natural disasters, pandemics, governmental restrictions, strikes, or major disruptions in essential infrastructure. In such cases, Lingua Classica reserves the right to reschedule, adapt, or temporarily suspend courses. Students will be informed promptly of any changes, and no claims for damages may be derived from such events, in accordance with § 275 BGB.

9. Limitation of Liability (Please refer to Section G, clause 4)

   a) Lingua Classica accepts unlimited liability only in cases of intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit).

   b) In cases of simple negligence, liability is limited to breaches of essential contractual duties (Kardinalpflichten), and the liability is capped at the foreseeable, contract-typical damages.

   c) Liability for damages resulting from injury to life, body, or health remains unlimited and unaffected by the above limitations, in line with statutory provisions (§ 309 Nr. 7 BGB).

   d) Any further liability, particularly for consequential damages such as lost profits, is excluded unless otherwise required by law.

Important Terms & Policies

(Last updated: 5th February 2025)

A. Refund Policy.

1. General Principle of Non-Refundability

   Once a course has commenced, tuition fees are generally non-refundable, regardless of whether the Student attends classes in full, in part, or not at all. This principle is based on § 615 BGB, which provides that the obligation to pay remains even if the Student fails to utilize the agreed service. Exceptions apply only where explicitly stated in these Terms, in particular under Section F (Cancellation Policy). Statutory consumer rights, including the right of withdrawal (Widerrufsrecht) pursuant to §§ 312g, 355, and 356 BGB, remain unaffected. The statutory withdrawal period of fourteen (14) days begins on the day the contract is concluded. The conclusion of the contract occurs when the Student receives the enrollment confirmation email together with this Widerrufsbelehrung in text form (§ 355 Abs. 2 BGB). The commencement of the withdrawal period is not dependent on any payment being made. By enrolling, Students acknowledge that course fees secure their place in a class and cover the school’s teaching and administrative obligations, which cannot be reallocated once the course begins.

2. Visa-Specific Refunds

   Enrollment documents are prepared primarily for immigration purposes and their preparation constitutes a contractual service. Within the 14-day statutory withdrawal period, the general right of withdrawal applies (see Section F.1). However, if a Student withdraws after visa documents have already been issued, Lingua Classica retains a flat administrative fee of €349 to cover the cost of document preparation, as allowed under § 346 BGB (compensation for services already provided). After the expiry of the statutory withdrawal period, refunds are only possible if a visa application is officially refused by the relevant embassy or consulate. In such cases, the original visa refusal letter must be submitted no later than ten (10) business days before the confirmed course start date. If the refusal letter is submitted in time, tuition fees will be refunded minus the €349 administrative fee. If proof of visa refusal is not provided, or is submitted late, tuition fees are strictly non-refundable.

3. Non-Visa Cancellation after Withdrawal Period

   For Students not requiring visas, or for those who have already waived or exhausted their right of withdrawal, cancellation requests are governed by graduated deadlines. Cancellations made up to two (2) weeks before the scheduled course start date result in a 50% fee liability. Cancellations made up to one (1) week before the course start date result in an 80% fee liability. Cancellations less than one (1) week before the start of the course, or after the course has begun, require payment of the full course fee (100%). These provisions are legally enforceable under § 615 BGB (continued payment obligation) and § 307 BGB (reasonable allocation of contractual risk). By enrolling, Students expressly accept this risk allocation, acknowledging that the school commits resources, reserves places, and organizes staff in reliance on confirmed enrollments.

4. School-Initiated Cancellations

   If Lingua Classica cancels a course due to insufficient enrollment (fewer than four Students, see Section C.2), or due to other reasons that make performance impossible under § 275 BGB (e.g., force majeure, instructor illness without possibility of replacement), Students are entitled to a full refund of all fees already paid. The school may, however, retain a processing fee of up to €50 to cover administrative costs, as permitted by § 346 BGB. Students will be informed promptly in writing of such cancellations. No further claims for damages or compensation can be asserted beyond the refund, unless Lingua Classica has acted with gross negligence or intent.

B. Payment Policies.

1. General Payment Terms

   All tuition fees are clearly displayed on the Lingua Classica website and are communicated in writing during the enrollment process. Students acknowledge that the prices listed on the website at the time of their enrollment apply to their course, unless a separate written agreement has been concluded. Intensive courses (A1–C1) are calculated either as a total fee or as monthly installments, depending on the chosen plan, while evening and private lessons are priced separately. Specialized courses, such as exam preparation or custom training, are subject to individually agreed fees that are confirmed in writing. All fees — whether shown as monthly installments or lump sums — represent the total legally binding contract value and must be settled according to the payment arrangements set forth in these Terms.

2. Upfront Payment Policy

   Students are strongly encouraged to pay their entire course fee in advance, as this guarantees their seat in the course and avoids administrative complications. When upfront payment is chosen, the entire tuition must be received by Lingua Classica before the course start date, unless a different written arrangement has been expressly confirmed. Students who pay upfront in full may qualify for specific discounts (e.g., early bird discounts), but only if the payment reaches Lingua Classica within the specified deadlines. All upfront payments are legally binding and are generally non-refundable, except in cases where statutory withdrawal rights apply under §§ 312g, 355 BGB or in the exceptional circumstances outlined in Section F (Refund & Cancellation Policy). Students accept that once a course begins, their participation is binding and they remain fully liable for the agreed fee.

3. Installment and Advance Payment Policy

   Installment payments are offered solely as a convenience to the Student and do not reduce or alter the obligation to pay the full agreed course fee (§ 611a BGB). Unless otherwise explicitly agreed in writing, the advance booking amount — usually equivalent to the first month’s tuition, but possibly higher as determined by Lingua Classica — is due immediately upon enrollment in order to secure the Student’s place. The first regular installment must be paid no later than three calendar days before the official start of the course, with all subsequent installments due on the 1st calendar day of each following month, payable in advance (§ 271 BGB). For Students who are applying for a visa from within Germany, a minimum of 50% of the total course fee must be paid upfront; the remaining balance may be settled either in monthly installments or in one lump sum at least three calendar days prior to the course start, as agreed with Lingua Classica. For Students applying for a visa from outside of Germany, installment payments are not available: such Students must pay 100% of the tuition fees in advance to confirm their enrollment and to meet the financial documentation requirements for their visa application. If a Student terminates attendance early without a valid statutory withdrawal under §§ 312g, 355 BGB, all outstanding installments for the remaining course period become immediately due and payable as a lump sum (§§ 280, 286 BGB). Lingua Classica reserves the right to suspend participation if any installment is more than 10 days overdue and to initiate legal enforcement or collection proceedings if the balance remains unpaid. By opting for installments, the Student explicitly acknowledges that discontinuation of attendance, non-issuance of a visa, or voluntary withdrawal does not discharge their contractual payment obligations unless Lingua Classica has expressly agreed otherwise in writing.

4. Late Payment and Non-Payment Policy

   A payment is in default (Verzug) as soon as the agreed calendar due date passes without need for a reminder (§ 286 Abs. 2 Nr. 1 BGB), or—at the latest—30 days after the due date and receipt of an invoice if the consumer was informed of this consequence (§ 286 Abs. 3 BGB; this clause and our invoices contain that notice). From the onset of default, statutory default interest accrues at five percentage points above the base rate (§ 288 Abs. 1 BGB i.V.m. § 247 BGB), calculated on the open principal until receipt of full payment. In addition, we levy a reasonable processing fee of €15 per overdue installment to cover internal dunning/handling costs; the Student may prove that no or lower costs were incurred, in which case the fee is reduced accordingly (Schadensminderung; §§ 280, 286 BGB). Until all due amounts (principal, interest, and fees) are settled, Lingua Classica may withhold performance—i.e., deny participation in classes and access to materials—under the defence of unperformed contract (§ 320 BGB). If default persists beyond 30 calendar days, we may—after a written reminder setting a final grace period—terminate for cause (§ 314 BGB) and claim damages for non-performance, including making all remaining installments immediately due as per B.3 (Schadensersatz statt der Leistung; §§ 280, 281, 286 BGB). Should an account remain unpaid after 60 calendar days or following termination, we may engage a collection agency or legal counsel; the Student bears necessary and appropriate enforcement costs (e.g., bank chargeback fees (Rücklastschrift), collection and attorney fees under RVG) arising from default (§§ 280, 286 BGB). Payments are deemed received only when credited in full to our account; any transfer/processing costs or shortfalls are borne by the payer (§ 270 Abs. 1 BGB), and must be grossed-up so the invoiced amount is received net.

5. Discounts and Promotions

   All discounts and promotional offers by Lingua Classica are granted on a voluntary basis and are non-transferable, unless explicitly stated otherwise in writing. Early bird discounts, referral bonuses, or other promotions are considered price reductions within the meaning of § 3 UWG (fair competition law) and must therefore be communicated clearly, truthfully, and in a transparent manner to avoid misleading students. Discounts are only valid if the conditions (e.g., timely payment, successful referral, specific course booking) are fully met by the Student; if the condition is later not fulfilled, Lingua Classica reserves the right to reclaim or offset the discounted portion (§ 812 BGB – unjust enrichment). Discounts cannot be combined unless expressly stated, and do not apply to installment payment plans unless explicitly permitted. Any promotional offer is always time-limited and may be withdrawn or modified at any time before enrollment is completed; once a Student has enrolled under a published discount, they retain the right to the granted reduction. The Student is not entitled to demand the continuation of past promotions or to claim damages if a promotion is withdrawn, provided that this is done in line with consumer protection rules (§§ 305b, 307 BGB on transparency and fairness of general terms).

6. Communication of Policies

   Lingua Classica ensures that all payment and contract policies are communicated to Students in a clear, transparent, and legally binding manner in accordance with §§ 305b, 307 BGB. During online enrollment, the Student must actively confirm acceptance of the Terms of Service by checking a mandatory checkbox; pre-ticked boxes or implicit consent are not permitted under EU consumer law (Art. 8 Abs. 2 RL 2011/83/EU, implemented in §§ 312i, 312j BGB). In the case of on-site enrollment, Students confirm their acceptance by signing the physical enrollment form, which includes reference to these Terms. In both scenarios, the acceptance constitutes a legally binding declaration of consent that is stored for verification purposes in compliance with GDPR obligations (Art. 6 Abs. 1 lit. b DSGVO). Policies are made permanently available on the Lingua Classica website and are also attached to enrollment confirmations sent via email, ensuring that Students have access both before and after concluding the contract. Lingua Classica reserves the right to update these Terms in accordance with statutory requirements, and Students will be informed of such changes in writing if their ongoing contracts are affected.

C. Course Participation and Organization.

1. Admission and Placement

   Enrollment becomes binding only once Lingua Classica confirms receipt of the booking and verifies that all contractual obligations — including payment under Section B — have been fulfilled. Depending on the course level, Lingua Classica may require a placement test to determine the appropriate class for the Student. This placement test is intended to ensure pedagogical consistency and to protect both the individual Student and their peers from unsuitable placement. Lingua Classica expressly reserves the right to deny admission to a course or a particular level if the Student fails to meet prerequisites such as prior knowledge, language skills, minimum age requirements, or timely submission of required documents. This right ensures the contractual integrity of the course and prevents breaches of fairness under § 307 BGB. Any deviation from these rules requires explicit written confirmation by Lingua Classica, and no verbal promises are binding (§ 125 BGB). Students acknowledge that admission is conditional upon compliance with these standards and cannot claim damages if placement is denied for legitimate reasons.

2. Minimum Number of Participants

   Each group course requires a minimum of four (4) enrolled and confirmed Students in order to begin. This threshold reflects both pedagogical necessity and the economic viability of group instruction. If the minimum number is not met, Lingua Classica reserves the right to cancel the course entirely, merge it with another group, or postpone its start. Students will be informed of such measures promptly and in writing. In the event of cancellation, any payments made will be refunded within fourteen (14) days in accordance with §§ 346 ff. BGB. Should Students opt to defer to a later course, prepaid fees may be credited against the new course, with the contractual relationship adjusted accordingly. Beyond this refund or credit, no further claims for damages, lost time, or indirect losses will be recognized (§ 275 BGB), unless Lingua Classica has acted with gross negligence or intent (§ 276 BGB). This provision ensures predictability, financial security, and equal treatment for all parties.

3. Public Holidays in North Rhine-Westphalia (NRW)

   All official public holidays as determined by NRW state legislation are observed, and no classes take place on these days. Tuition fees are calculated with these holidays already factored into the total price structure, and Students therefore have no entitlement to refunds, reductions, or make-up lessons (§ 307 BGB). The list of holidays is published annually by the state, and Lingua Classica commits to aligning its academic calendar accordingly. Students are informed in advance that holidays are non-teaching days and are expected to plan their participation around these dates. This system ensures clarity and prevents double-booking or disputes over entitlement. If Lingua Classica voluntarily offers replacement lessons, these constitute a goodwill measure only and do not create legal obligations for the future. This limitation aligns with § 275 BGB (impossibility of performance on legally recognized holidays).

4. School Holidays and Winter Break (Calendar-Dependent)

   Lingua Classica observes an annual winter break between December and January. Each year, the school guarantees that two full business weeks in December and two full business weeks in January are reserved for regular teaching. A “full business week” is defined as a Monday–Friday week without NRW public holidays. However, to maintain pedagogical continuity, the school guarantees that the first two full business weeks of December and the last two full business weeks of January will always be designated for regular teaching. A “full business week” means a Monday through Friday week that is uninterrupted by NRW public holidays. If holidays shorten a week, the next uninterrupted week will be designated as a full business week. This schedule is explicitly built into tuition calculations, meaning no Student has any entitlement to refunds, reductions, or compensatory lessons during the winter break (§ 307 BGB). Exact dates are published annually on Lingua Classica’s website and communicated in course confirmations. By enrolling, Students agree to this holiday policy as part of the academic calendar.

5. Academic Calendar and Adjustments to Scheduling

   While Lingua Classica endeavors to adhere strictly to its published academic calendar, reasonable adjustments may become necessary. Causes may include teacher illness, technical failures, force majeure events, or other disruptions covered by § 275 BGB (temporary impossibility) or § 313 BGB (disturbance of contractual basis). If such adjustments occur, replacement classes will be offered wherever feasible, but Lingua Classica retains discretion over scheduling. Students will be informed of changes promptly in writing via email and, if necessary, via the school’s website. Minor adjustments do not constitute a deviation significant enough to trigger a right of withdrawal, cancellation, or refund. Only where changes amount to a substantial alteration of the contract may statutory remedies apply. This balance ensures Lingua Classica can operate flexibly while safeguarding Students’ interests in continuity and fairness.

6. Attendance and Punctuality (§ 615 BGB)

   Students are contractually obligated to attend classes regularly and punctually. Absences — regardless of reason, including illness or personal matters — do not entitle the Student to refunds, make-up sessions, or reductions in tuition fees (§ 615 BGB). Payment obligations remain fully in force even if a Student fails to attend partially or completely. Lingua Classica may, in its sole discretion, permit catch-up arrangements, but such measures require written confirmation and are not an entitlement. Repeated lateness or absenteeism that disrupts class flow may result in temporary exclusion from lessons, with no right to compensation. This ensures fairness for other participants and prevents negative impacts on the group’s learning progress. The Student accepts that their payment obligation exists independently of attendance, consistent with established case law under § 615 BGB.

7. Course Materials (UrhG)

   At the start of each course, Lingua Classica will provide Students with a list of required textbooks and supplementary materials. Unless expressly stated otherwise, these costs are borne by the Student. Any materials provided by Lingua Classica are intended for personal, private use only and may not be reproduced, shared, or used commercially. Unauthorized reproduction or distribution of copyrighted content violates the German Copyright Act (UrhG) and may lead to exclusion from the course, liability for damages, and potential criminal prosecution. By enrolling, Students expressly agree to respect all intellectual property rights associated with course materials. This clause ensures that the integrity of copyrighted works is protected and that all Students benefit from fair use of educational resources. Lingua Classica reserves the right to take legal action in cases of infringement, consistent with §§ 97 ff. UrhG.

8. Teaching Staff (§ 313 BGB)

   Lingua Classica endeavors to provide continuity of teaching staff throughout each course. However, substitutions may be necessary in cases of illness, scheduling conflicts, or other circumstances beyond the school’s control. Substitution of teachers does not constitute a breach of contract under § 313 BGB, provided the course content and pedagogical standards remain unaffected. Students cannot withdraw from the contract, demand refunds, or assert claims for damages solely due to a teacher change. All instructors, including substitutes, are selected according to Lingua Classica’s quality standards and possess the requisite qualifications. Lingua Classica guarantees that replacements maintain the same instructional quality as originally promised. This flexibility allows Lingua Classica to preserve continuity and prevent cancellations while safeguarding Students’ right to uninterrupted learning.

D. Academic Integrity.

1. Principle of Honest Conduct

   All Students of Lingua Classica are required to uphold the highest standards of academic honesty and integrity throughout their course participation. This includes, but is not limited to, refraining from cheating, plagiarism, falsification of documents, or any other form of academic misconduct. Any violation undermines the integrity of the educational process and may be considered a material breach of contract under §§ 280, 314 BGB. Lingua Classica reserves the right to impose appropriate sanctions, including exclusion from classes, invalidation of participation certificates, and termination of the enrollment contract without refund. These rules are designed to maintain fairness and trust among all Students and to protect the reputation of the school.

2. Prohibition of Plagiarism and Unauthorized Assistance

   Plagiarism, defined as the use of another person’s work or ideas without proper attribution, is strictly prohibited in all written assignments, presentations, and examinations conducted by Lingua Classica. Equally, Students may not make use of unauthorized aids, hire third parties, or collaborate in ways not explicitly permitted. Such acts are considered a violation of both academic ethics and copyright law under §§ 2, 97 UrhG. Any suspicion of plagiarism or unauthorized assistance will result in a formal review by the school, and if confirmed, sanctions may include rejection of the submitted work, loss of course credit, or permanent exclusion from the program. This ensures that Students’ achievements reflect their own efforts and learning.

3. Misuse of Certificates and Documentation

   Certificates of participation, attendance confirmations, and any official documents issued by Lingua Classica are valid only in their original, unaltered form. Any attempt to falsify, alter, or misuse such documents constitutes fraud (§ 263 StGB) and will result in immediate legal action as well as termination of the contractual relationship without reimbursement of fees. Lingua Classica may also notify relevant authorities, institutions, or employers if fraudulent certificates are detected. Students acknowledge that misuse of official documents not only violates these Terms but may also lead to criminal liability. This policy safeguards the credibility and recognition of the certificates issued by the school.

4. Respectful Conduct Toward Teaching and Learning Environment

   Academic integrity also includes respectful behavior towards instructors, staff, and fellow Students. Disruptions in class, harassment, or conduct that undermines the learning atmosphere may be deemed a breach of contractual duties under § 241 (2) BGB. Such behavior may lead to a warning, temporary suspension, or permanent exclusion from the course, depending on the severity of the misconduct. Fees already paid will not be refunded in such cases. Lingua Classica is committed to fostering a safe and respectful learning environment where every Student can focus on achieving their educational goals.

5. Reporting and Enforcement

   All Students share responsibility in upholding the principles of academic integrity. Suspected cases of misconduct may be reported by Students, teachers, or staff members, and all reports will be reviewed confidentially and fairly. Lingua Classica will ensure due process in investigating allegations, giving Students the opportunity to respond before any disciplinary measures are taken. If misconduct is confirmed, sanctions will be applied consistently and proportionately, in accordance with §§ 280, 314 BGB, and may extend to legal action if necessary. By enrolling, Students agree to abide by these rules and accept that violations may have serious academic and legal consequences.

E. Student Support and Additional Resources.

1. Advisory Services

   Lingua Classica provides Students with advisory services related to course selection, study planning, and general academic guidance. These services are designed to help Students make informed decisions about their language-learning path and to ensure that their chosen course matches their personal and professional goals. Advice provided by staff is given to the best of our knowledge and experience, but it does not constitute legally binding guarantees of outcomes such as exam success, employment, or visa approvals (§ 675 BGB, Geschäftsbesorgungsvertrag). Students remain solely responsible for the consequences of their academic and professional decisions. By making use of advisory services, Students acknowledge that such services are supportive in nature and cannot substitute for individual responsibility.

2. Learning Materials and Resources

   Beyond textbooks required for courses (as set out in Section C), Lingua Classica may provide supplementary learning resources, such as practice worksheets, online exercises, or access to digital platforms. These resources are intended exclusively for enrolled Students and may not be shared, copied, or distributed to third parties without prior written permission. Unauthorized use or dissemination constitutes an infringement of intellectual property rights under the German Copyright Act (UrhG) and may result in legal action. Lingua Classica reserves the right to modify or update available resources at any time, ensuring that Students always have access to current and pedagogically sound materials. The provision of additional resources is considered an ancillary service and does not alter the scope of contractual teaching obligations.

3. Access to Facilities

   Students enrolled in on-site courses are granted access to designated classrooms and common areas for the duration of their course, during published business hours. The use of these facilities is limited to educational purposes and is subject to compliance with the school’s internal regulations on safety, hygiene, and conduct. Misuse of facilities, such as causing property damage or unauthorized access, may lead to liability for damages under §§ 280, 823 BGB and, in severe cases, termination of the enrollment contract (§ 314 BGB). Lingua Classica reserves the right to restrict access in exceptional circumstances, such as renovations, emergencies, or regulatory requirements, provided that alternative arrangements are offered where reasonably possible.

4. Online Support Services

   For Students enrolled in online or hybrid courses, Lingua Classica provides technical support to ensure reasonable access to digital learning environments. While the school undertakes to maintain secure and functional platforms, Students are responsible for ensuring that their own devices and internet connections meet minimum technical requirements. Lingua Classica cannot be held liable for disruptions caused by third-party service providers, internet outages, or device malfunctions (§ 275 BGB). In the event of technical difficulties on the part of Lingua Classica, replacement lessons or access extensions will be offered as appropriate. By enrolling in online programs, Students acknowledge that the provision of services is subject to technological limitations beyond the direct control of Lingua Classica.

5. Well-Being and Supportive Environment

   Lingua Classica is committed to providing a supportive and respectful learning environment that values the well-being of all Students. While the school is not legally obligated to provide psychological or medical support services, it may, at its discretion, offer referrals to appropriate professional resources in the community. Students are expected to take personal responsibility for their health and well-being during their studies. Lingua Classica complies with applicable provisions of the Allgemeines Gleichbehandlungsgesetz (AGG) and other relevant legal frameworks to ensure non-discrimination and equal opportunity. Any Student who feels disadvantaged or harassed is encouraged to contact the school administration, which will take appropriate measures in line with statutory obligations.

6. Additional Workshops and Extracurricular Activities

   Lingua Classica may, from time to time, offer optional workshops, cultural events, or extracurricular activities designed to complement regular coursework. Participation in such activities is voluntary and may be subject to additional fees, which will be communicated in advance. These activities do not form part of the core contractual teaching obligations but are considered ancillary services provided at the discretion of the school. Lingua Classica reserves the right to cancel or reschedule such events without liability if minimum participation is not met or if unforeseen circumstances arise (§ 275 BGB). Students participating in such activities are expected to adhere to the same standards of conduct outlined elsewhere in these Terms.

F. Cancellation Policy – Lingua Classica.

1. Right of Withdrawal (Fernabsatzrecht):

   In accordance with §§ 312g, 355, and 356 BGB, consumers have the statutory right to withdraw from a distance contract within fourteen (14) days of its conclusion, without giving any reason. The withdrawal period begins on the day the contract is concluded. To exercise this right, the Student must notify Lingua Classica in writing (e.g., by email or letter) within the withdrawal period. However, this right may be restricted in certain circumstances: (a) if the Student has expressly requested Lingua Classica to begin providing services (such as preparing enrollment confirmations, invoices, or visa support documents) before the withdrawal period has expired, and (b) if the service has already been fully provided. In such cases, pursuant to § 356 Abs. 4 BGB, the right of withdrawal may expire earlier, or Lingua Classica may deduct reasonable compensation for the services already rendered under § 357 Abs. 8 BGB.

2. Visa-Related Cancellations after Withdrawal Period

   For Students requiring visas, refunds after the expiry of the statutory withdrawal period are possible only in the event of an official visa refusal. The Student must provide the original refusal letter issued by the competent German embassy or consulate, submitted no later than ten (10) business days before the confirmed course start date. If these requirements are met, tuition fees will be refunded minus a €349 administrative fee to cover the preparation and processing of enrollment documents, as recognized under § 346 BGB. If the refusal letter is submitted late or not provided at all, no refund is available. This rule is intended to balance the Student’s interests with Lingua Classica’s obligation to reserve teaching resources and comply with legal documentation duties. It corresponds directly with Section A.2 (Visa-Specific Refunds).

3. Non-Visa Cancellations after Withdrawal Period

   For Students who do not require visas, or who are past the statutory withdrawal period, cancellation requests are subject to a graduated fee structure: cancellations made up to two (2) weeks before the course start date incur a 50% fee liability; cancellations up to one (1) week before the course start date incur an 80% fee liability; and cancellations less than one (1) week before the start date, or after the course has commenced, require payment of the full course fee (100%). These provisions are consistent with § 615 BGB (continued obligation to pay despite non-attendance) and § 307 BGB (reasonable risk allocation). They are also explicitly detailed in Section A.3 to ensure cross-reference consistency.

4. No-Show and Early Withdrawal

   Failure to attend classes (no-show) or withdrawal after the course has already commenced does not entitle the Student to cancellation or refund of fees. The full invoiced tuition remains payable, as Lingua Classica has fulfilled its contractual duty to provide the agreed instruction. This principle is anchored in § 615 Satz 1 BGB, which stipulates that the debtor (Student) remains obligated to pay even if they do not take advantage of services offered. Any exceptions must be expressly agreed upon in writing, and Lingua Classica may, at its sole discretion, offer goodwill arrangements without creating a legal entitlement to such measures in the future.

5. School-Initiated Cancellations

   If Lingua Classica cancels a course before commencement due to insufficient enrollment (fewer than four Students, see Section C.2) or due to impossibility of performance under § 275 BGB (e.g., force majeure, sudden unavailability of qualified instructors), Students are entitled to a full refund of all fees paid. The school may retain an administrative fee of up to €50 in accordance with § 346 BGB. Students will be informed of such cancellations promptly and in writing. No claims for damages, consequential losses, or additional compensation may be asserted against Lingua Classica, except in cases of gross negligence or willful misconduct under § 276 BGB. This ensures a balanced allocation of risk between the Student and the school.

G. Legal Provisions.

1. Applicable Law and Jurisdiction (§§ 12, 29, 38 ZPO; Art. 6 Rome I Regulation)

   All contracts between Lingua Classica and the Student are subject exclusively to the laws of the Federal Republic of Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. For Students who are consumers within the meaning of § 13 BGB, this choice of law does not deprive them of the protection afforded by the mandatory provisions of the law of their habitual residence (Art. 6 Rome I). The place of performance for all obligations arising from the contractual relationship is Bielefeld, Germany, unless otherwise agreed in writing. If the Student is a merchant (§ 14 BGB), a legal entity under public law, or has no general place of jurisdiction within Germany, the exclusive place of jurisdiction shall be Bielefeld (§ 38 ZPO). Lingua Classica nevertheless reserves the right to sue the Student at their general place of jurisdiction.

2. Conclusion of Contract and Contractual Language (§§ 145 ff. BGB)

   Contracts are concluded in accordance with the rules set out in Section A (General Information). A binding contractual offer is submitted by the Student when they complete the online enrollment form and confirm via the “Zahlungspflichtig buchen / Confirm Enrollment – Payment Required” button (§ 312j BGB). Lingua Classica accepts this offer by sending an explicit written confirmation of enrollment, which may be issued electronically. In the case of on-site enrollment, the contract is concluded by the signature of the physical enrollment form. The contractual language is German, and any translations of these Terms are provided solely for convenience. In case of discrepancies or disputes over interpretation, the German-language version shall prevail in all respects.

3. Force Majeure (§ 275 BGB)

   Lingua Classica shall not be liable for delays, disruptions, or non-performance resulting from events beyond its reasonable control (“force majeure”). Such events include, but are not limited to, natural disasters, pandemics, epidemics, government-imposed restrictions, strikes, lockouts, significant disruptions to internet or telecommunication networks, or the unavailability of teaching staff due to illness when no adequate replacement can be arranged. In cases of temporary impossibility (§ 275 (1) BGB), the duty to perform is suspended for the duration of the impediment. If the impediment persists for more than sixty (60) days, both parties are entitled to withdraw from the contract in writing. Payments already made for services not rendered will be refunded in such cases, but Students have no right to claim damages or additional compensation beyond reimbursement, unless Lingua Classica acted with gross negligence or intent. This provision ensures both fairness and legal certainty in extraordinary situations.

4. Limitation of Liability (§§ 276, 309 No. 7 BGB)

   Lingua Classica is liable without limitation for damages resulting from intent and gross negligence, as well as for injury to life, body, or health. For damages caused by simple negligence, liability exists only if a material contractual obligation (Kardinalpflicht) has been breached. In such cases, liability is limited to the foreseeable damage typical for this type of contract. Kardinalpflichten are those duties that are essential for the proper performance of the contract and upon which the Student may regularly rely. Liability for indirect or consequential damages, such as lost profits or missed opportunities, is excluded except in cases of intent or gross negligence. This allocation of risk corresponds to the statutory framework under §§ 276 and 309 No. 7 BGB and ensures that Lingua Classica is accountable for significant breaches but not exposed to disproportionate liability.

5. Severability Clause (§ 139 BGB)

   If any provision of these Terms is or becomes invalid, illegal, or unenforceable, the validity of the remaining provisions shall not be affected. In place of the invalid provision, a legally permissible regulation shall apply that comes closest to the intended economic purpose of the invalid provision (§ 139 BGB). The same applies in the event of a contractual gap. This ensures that the contract remains effective as a whole, protecting the interests of both Lingua Classica and the Student. By agreeing to these Terms, the Student expressly waives the right to challenge the entire contract solely because of the invalidity of a single clause.

6. Written Form Requirement (§ 126 BGB)

   All amendments, supplements, or ancillary agreements to these Terms and Conditions must be made in writing to be effective. This requirement also applies to the waiver of the written form itself. Written form is deemed satisfied if the declaration is transmitted by email, provided the sender can be clearly identified and the text is permanently reproducible. Oral collateral agreements are invalid unless subsequently confirmed in writing by Lingua Classica. This rule ensures clarity, transparency, and evidence security for both parties in the contractual relationship.

Statutory 14-day Withdrawal Period

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us (Zabelina, Elena und Das, Tanmay Kumar GbR, Bahnhofstraße 42, 33602 Bielefeld, Germany, ‪+49 15750950617‬, info@linguaclassica.de) by means of a clear declaration (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, which is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send the notification of your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we must return to you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive the notification of your withdrawal from this contract.

For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged fees for this repayment.

If you requested that the services begin during the withdrawal period, you shall pay us an appropriate amount corresponding to the proportion of the services already provided up to the time at which you informed us of the exercise of the right of withdrawal, in comparison with the total scope of the services provided for in the contract.

Expiry of the Right of Withdrawal

Your right of withdrawal will expire prematurely if we have fully performed the service and only if we started to perform the service after you gave us your express consent and at the same time confirmed your knowledge that you would lose your right of withdrawal once the contract has been fully performed by us.

Model Withdrawal Form

(Wenn Sie den Vertrag widerrufen wollen, dann füllen Sie bitte dieses Formular aus und senden Sie es zurück.)

An Zabelina, Elena und Das, Tanmay Kumar GbR, Bahnhofstraße 42, 33602 Bielefeld, Germany, info@linguaclassica.de:–

Hiermit widerrufe(n) ich/wir (*) den von mir/uns (*) abgeschlossenen Vertrag über den Kauf der folgenden Waren (*)/die Erbringung der folgenden Dienstleistung (*)–

Bestellt am (*)/erhalten am (*)

Name des/der Verbraucher(s)

Anschrift des/der Verbraucher(s)

Unterschrift des/der Verbraucher(s) (nur bei Mitteilung auf Papier)

______________________________________________________

Datum

(*) Unzutreffendes streichen.

For any questions regarding the enrollment process, policies, or course offerings, please reach out to us. We look forward to supporting you on your journey to mastering the German language with Lingua Classica!