General contract terms and conditions as of 18.06.15
1. General provisions
1.1. The following conditions („general contract terms and conditions“) exclusively apply to the contractual relationship between you, as the customer, and „LINGUAGO Ltd. 2, Birkirkara Hill, St. Julians, Malta” acting as an agent on behalf of Sprachdirekt GmbH, Schwanthalerstr. 5 - 80336 Munich, Germany (hereinafter refered to as “LINGUAGO“) derived from the travel mediation contract. The following conditions are intended to complement and to complete the legal requirements.
1.2. This assumption should be distinguished from the contractual relationship with the providers of services agreed in the contract (e.g., tour operators, schools, hotels, etc.), which are not bound to the general conditions of LINGUAGO. The provider’s terms and conditions can be checked on the LINGUAGO website by the customer in a downloadable version, prior to the booking. By the contract agreement these are being incorporated into the contract content.
1.3. LINGUAGO expressly states that no contract is directly concluded with it. In case it exceptionally acted as a tour operator, it would be pointed out explicitly in the general terms which are applicable to the contractual relationship.
1.4. These terms and conditions are also applicable if the use or access is performed from outside the Federal Republic of Germany.
2.1 With each registration, the customer proposes LINGUAGO the conclusion of a travel mediation contract (§§ 675, 631 and following of the German Civil Code), which becomes binding through the client’s confirmation of acceptance. Registration can be done through LINGUAGO’s website, per e-mail, fax, telephone or mail.
2.2. With each registration, the customer recognizes to have read and understood LINGUAGO’s general contract terms and conditions and that the customer accepts them as part of the contract. Furthermore, with the registration, the customer accepts the general terms and conditions of the respective service provider (paragraph 1.2.) and acknowledges that s/he has read and understood them.
2.3. The booking by the customer is also applicable to all the participants listed in the registration. The applicant is bound by the acts of the latter as well as for his own ones, provided that he has expressly assumed this obligation by a separate declaration.
2.4. There is no contract between the customer and the service provider until LINGUAGO has issued a supporting invoice of it on their behalf.
2.5. With the contract agreement between the customer and the service provider the terms and conditions of the respective service provider will also come into effect. Terms can regulate payment conditions, provisions on due date, liability, cancellation, modification and repayment – as far as it has been considered – as well as other restrictions and obligations, if provided.
3.1. LINGUAGO is entitled to collect the total travel price in advance, in accordance to the legal rules – particularly §§ 651 k and following of the German Civil Code (Obligation of securing customer’s payment in case of flat rates) -. The collection will be made effective by LINGUAGO on behalf of the provider and through the pertinent invoice of the respective service provider.
3.2. Payment terms of service providers are regulated by their own general terms and conditions and are constantly applicable. Regardless of this, LINGUAGO may require the customer to provide an additional proof of payment. In this case, the customer is obliged to promptly send a bank statement, issued by the financial institution which transferred the amount, either per fax or as a scanned copy via e-mail.
3.3. If the customer fails to make payments timely and in full to LINGUAGO, this one, prior unsuccessful reminder and in accordance to the laws and the contract terms, is entitled by the service supplier to rescind the contract on their behalf and to claim damage compensation for non-performance, calculating the amount of cancellation fees with a flat-rate according to the general terms and conditions of the service provider, unless the customer is entitled to withdraw the contract.
3.4. The foregoing conditions are valid as long as the payments are processed directly through LINGUAGO. If the payments were processed by the respective service provider, only their own payment terms would be applicable.
4. Cancellation and rebooking by the client
4.1. Once the contract with the service provider has been agreed, the general contract terms of the provider will apply to the changes requested by the client (particularly contract withdrawal, cancellation, etc.). However, in this case, LINGUAGO is entitled to invoice the customer all cost incurred due to the contract change on behalf of the service provider (esp. cancellation fees) and to collect or withhold the related amounts.
4.2. The statement of withdrawal can be sent to LINGUAGO though a letter, together with travel documents. In this case, the withdrawal is valid from receipt of the withdrawal notice by LINGUAGO, who will immediately forward the withdrawal notice to the respective service provider on.
5. Cancellation fees in case of withdrawal
5.1. In case of cancellation, LINGUAGO charges 20% of the booked service as cancellation fees for the expenses and cost incurred, with a minimum of 175 €, (V.A.T. included, in both cases) Regardless of this, the cancellation fee can not exceed 50% of the total price of the booked service.
5.2. The customer is entitled to prove that the cost have been zero or negligible for LINGUAGO.
5.3. The customer acknowledges that besides Linguago’s terms, all language schools have their own specific cancelation and refund policy. These policies can be reviewed when booking a specific course. The total cancelation fee of Linguago and the language school can never exceed 100% of the amount of the original booking costs.
6. Withdrawal of the service provider
In case of resignation or cancellation by the service provider, their general contract terms will apply exclusively.
7. LINGUAGO’s civil liability; limitations to liability and prescription
7.1. LINGUAGO is responsible neither for the mediation success nor for the deficiencies of the travel service itself, but only for having done the mediation with the diligence that a prudent businessman would have had.
7.2. LINGUAGO is endeavoured to a reasonable extent to ensure that the information available on its website is always up-to-date and it is complete and correct. However, the details of the mediated service that LINGUAGO provides its customers are based solely on the information provided by the responsible service partner to LINGUAGO. Details and statements have not been made by LINGUAGO and therefore do not represent its own opinion.
7.3. All travel services introduced in the web-site or in the brochures of the service provider are subjected to availability and therefore, they do not imply a binding offer. Consequently, LINGUAGO does not assume responsibility for the availability of offered travel services.
7.4. The foregoing regulations will not apply in the event that LINGUAGO had been aware of false or incorrect provided information nor in the event that it should have been known, if it had acted with the diligence that a prudent businessman would have had. To that extent, the responsibility of LINGUAGO concerning the must-know of such circumstances is limited to malice or gross negligence.
7.5. LINGUAGO accepts no liability for the system and/or website availability disruption or for system interruptions, failures and problems with technical equipment and service. Liability is expressly disclaimed in case of failures in communication networks.
7.6. As a rule, LINGUAGO is only responsible for damages which are not physical injuries and this only in case of malice or gross negligence.
Limitation of liability
7.7. Under this contract, LINGUAGO is not responsible for “force majeure” events (e.g. flood, decision of authorities, strikes, etc.).
8.1. Claims against the agent for mediation services that do not conform to the contract must be brought within three months after the occurrence of the loss and the knowledge of the circumstances that cause the claim. After the deadline, claims may only be asserted if the customer was unable to meet the deadline due to reasons beyond him.
8.2. Customer claims under the travel mediation contract expire within one year, beginning with the end of the year in which the claim arose and the customer became aware of it or could have became aware, if he had not acted with gross negligence. However, in case of claims based on life injury, physical integrity or health, as well as offences caused by the travel mediator with malice or gross negligence, the statutory limitation rules prescribed in the Law will apply (§§195 and following of German Civil Code).
9. Duty to cooperate
Deficiencies in mediation services must be communicated to LINGUAGO immediately after having notice of them, giving the mediator the opportunity to remedy the situation. In case of no notification of fault, any further claim in relation to the mediation agreement, stand by the client, will be rejected, to the extend a reasonable remedy by LINGUAGO would have been possible.
10. Passport, visa and health regulations
10.1. Each customer is personally responsible for compliance with the legal requirements for each trip and for taking into account certain specific legal requirements (e.g. regulations to enter or leave the country of destination, passport and visa, health regulations, etc.)
10.2. All drawbacks, particularly the payment of cancellation charges arising from failure to comply with the conditions set forth herein, are at the customer’s expense, unless the non compliance was due to incorrect or insufficient information provided with malice or gross negligence of the travel mediator.
10.3. The travel agent shall provide the traveller specific information to matters referred to. This obligation is limited to suitable information sources, particularly normal ongoing consultations about the branch, as well as information about foreign embassies, consulates and tourist offices abroad.
10.4. In case LINGUAGO should facilitate the above information provided in Clause 10.3, it is presumed that the customer is German and does not meet any particular feature (e.g. dual nationality, apatricia, etc.), unless otherwise specified.
LINGUAGO expressly encourages its customers to conclude one or more insurance contracts (e.g. illness while travelling, trip cancellation, baggage, etc.). However, the customer must take care of this issue on his own and insure against possible situations that may arise before, during or after the trip.
12. Ineffectiveness of individual regulations
The ineffectiveness of a regulation of the present general contract terms and conditions will not affect the validity of the remaining ones. If there was an invalid or incomplete regulation, it should be replaced by a valid a complete one.
13. Final regulations
The legal relationship between LINGUAGO and the customer is governed by the laws of the Federal Republic of Germany. To the extent permitted by the law, all disputes arising from the legal relationship between the customer and LINGUAGO are bound to the exclusive jurisdiction of the courts and tribunals of Munich.
Sprachdirekt GmbH, t/a Linguago Schwanthalerstr. 5, 80336 Munich, Germany, General Manager: Mark B. Holland – Trade Register: Munich, HRB: 171712 VAT-ID Number: DE257773710.