Terms and Conditions for End Customers (B2C) (As of April 01, 2023)
For the sake of clarity, it is waived to specify every gender. When referring to one gender, all other genders are included (e.g., students, both male and female).
1. Contractual Content
The company Nachhilfe Campus – represented by owner Katja Geile – provides services to learners based on the following terms and conditions.
2. Scope of Services
2.1 Nachhilfe Campus reserves the right to fulfill contractual obligations in cooperation with a partner or to commission third parties for the provision of services.
2.2 The right to use Nachhilfe Campus services is non-transferable and can only be used by the registered person in accordance with the contract/registration.
2.3 All services are provided on a regular basis and may be ongoing or limited in time.
2.4 applies to individual tutoring:
2.4.1 Tutoring is generally provided by a tutor (teacher) specified in the contract. Nachhilfe Campus reserves the right to have substitute tutors conduct the agreed-upon tutoring sessions in case the assigned tutor is unavailable.
2.4.2 If a tutor ceases to work for Nachhilfe Campus, the company has one month after the tutor’s departure to provide a replacement tutor, and the customer cannot claim compensation during this period.
2.5 applies to courses and group lessons:
The provision of the service is not tied to a specific teacher/instructor.
3. Place of Performance
3.1 The place of performance is determined upon contract conclusion/registration.
3.2 The location for group or course lessons may be changed during ongoing contracts without the customer’s consent.
3.3 The place of performance affects individual tutoring fees.
3.4 If a change in the tutoring location is agreed upon for individual tutoring, the location with the furthest distance will affect the tutoring fees.
4. Performance Time
4.1 The start of tutoring is noted in the contract/registration. If tutoring begins before the contract start date, the hours already provided will be counted toward the contract.
4.2 Tutoring is provided year-round, except on Rose Monday, statutory holidays, and school holidays in North Rhine-Westphalia.
4.3 The tutoring times are specified in the contract/registration and are considered agreed upon under point 5.1.
4.4 For individual tutoring at the learner’s home or online, the specified times can be adjusted by mutual agreement between the learner/customer and the tutor at the tutor’s discretion.
5.1 applies to cancellations by the learner in individual tutoring:
Already scheduled appointments must be canceled by the learner/customer to the tutor by 8:00 PM the day before the respective appointment in case of the learner’s inability to attend.
5.1.1 If the cancellation is made in a timely manner, the learner/customer is entitled to a replacement appointment within the contract duration.
5.1.2 If the cancellation is not made in a timely manner, this entitlement is forfeited.
5.2 applies to cancellations by the learner in courses/group lessons:
If a learner does not attend one or more course/group lesson sessions, there is no entitlement to compensation in the form of material or financial compensation.
5.3 applies to cancellations by the tutor/Nachhilfe Campus:
5.3.1 If a lesson is canceled due to the tutor’s unavailability and a substitute tutor cannot be provided, the learner/customer is entitled to reschedule the service but not to financial compensation.
5.3.2 If a lesson is canceled because the regular premises are unavailable and no alternative location can be used, the learner/customer is entitled to reschedule the service but not to financial compensation.
5.4 If rescheduling a lesson is not possible due to reasons that are not solely within Nachhilfe Campus’s responsibility, the entitlement to the lesson expires.
5.5 In case of an expired entitlement to a lesson, Nachhilfe Campus retains the right to the agreed-upon remuneration but must credit the value of what it saves or earns or maliciously fails to earn as a result of the service not being provided.
6. Contract Duration
6.1 Contracts are concluded for a specified duration (minimum term).
6.2 The contract start date and minimum term are noted in the contract/registration.
6.3 If the contract includes an extension clause, the contract is extended indefinitely.
7.1 The notice period is generally one month until the end of the month.
7.2 The right to extraordinary termination by Nachhilfe Campus for good cause remains unaffected during the minimum term. Good cause includes, in particular, default in payment.
7.3 Termination must be in writing.
8.1 The currently valid version of the price list applies, meaning that ongoing contracts are also adjusted for price increases.
8.2 When changing grade levels, the tutoring fees are adjusted based on the valid price list of the respective year as of August 01, without separate notification to the customer. The adjustment takes place on August 01 of each year, regardless of the actual school year.
8.3 Nachhilfe Campus is exempt from value-added tax (VAT) according to §4 No. 21a) and §19 UStG. Therefore, prices are listed without VAT. If the VAT exemption is no longer applicable due to a change in legal regulations, Nachhilfe Campus is entitled to separately invoice the applicable VAT from the date of the legal change.
8.4 Tutoring fees may vary depending on the location of the service or the choice of the tutor.
8.5 If the tutor changes during the contract term, the customer agrees to the adjusted tutoring fees.
8.6 If the location of the service changes during the contract term, the customer agrees to the adjusted tutoring fees.
8.7 If the tutor’s place of residence, used for calculating tutoring fees, changes during the contract term, the customer agrees to the adjusted tutoring fees.
8.8 In the case of 8.5 and 8.7, the customer must be informed before the adjustment and retains the right to extraordinary termination.
8.9 If in-person tutoring is contractually agreed upon and online tutoring is agreed upon or conducted by mutual agreement between the learner/customer and the tutor, the customer has no entitlement to a price adjustment.
8.10 If online tutoring is contractually agreed upon but in-person tutoring takes place instead, the customer agrees to be invoiced retrospectively for the difference between the online tutoring price and the in-person tutoring price.
9. Payment Terms
9.1 If a registration fee is agreed upon, it is due immediately upon contract conclusion/registration.
9.1.1 applies to term contracts and subscriptions:
Monthly fees are due in advance on the first working day of each month.
9.1.2 applies to limited-term courses:
Fees are due at the start of the course.
9.2 If tutoring sessions are arranged beyond the contractual framework between the tutor and the learner/customer, these are also subject to fees and must be paid by the customer.
9.3 Payments are generally collected by SEPA direct debit from the customer’s account. If a different payment method is exceptionally agreed upon, additional costs may be incurred by the customer.
9.4 If the contracting party is in arrears with payment, Nachhilfe Campus reserves the right to suspend tutoring until the outstanding amounts are settled.
10.1 Fa. Nachhilfe Campus assumes no liability, warranty, or guarantee for a specific learning outcome.
10.2 The liability of Fa. Nachhilfe Campus or its legal representatives or agents is excluded. This does not apply to damages:
10.2.1 arising from the violation of life, body, or health, resulting from intentional or negligent breaches of duty;
10.2.2 resulting from intentional or grossly negligent breaches of duty;
10.2.3 resulting from the intentional or negligent breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on which the contracting party regularly relies and can rely.
10.3 In the case of negligent breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on which the contracting party regularly relies and can rely, liability is limited to the amount of the damage typically expected to occur at the time of booking by the customer based on the circumstances known at that time. Excluded from this are damages resulting from the violation of life, body, or health.
11. Severability Clause
Should any provision of this contract be or become partially or entirely invalid or lose its legal validity at a later date, this shall not affect the validity of the remaining provisions. In this case, the parties agree to adjust the contract in such a way that a provision shall apply in place of the invalid provision which corresponds to the economic intent of both parties. The same shall apply in the event of a contractual gap.