These General Terms and Conditions govern the contract between ExamPrep GmbH, hereinafter referred to as ExamPrep, and the pupil 1. They apply to all courses, lessons, individual lessons and colloquium lessons, which are carried out by the ExamPrep. Any general business conditions of the student are not accepted by ExamPrep. Any deviating or additional agreements to these terms and conditions between ExamPrep and the student are only valid if they are recorded in writing and signed by both sides.
ExamPrep conducts courses only on the basis of a training contract with the student and during the existence of such a contract. A training contract is concluded as described below. The present General Terms and Conditions are an integral part of each training contract.
3. Services of ExamPrep
ExamPrep conducts training courses based on training contracts (as described below), hereafter referred to as courses.
The intended content of the courses, their intended allocation, course date, duration, course, target group and minimum number of participants, as well as further framework conditions and the tuition fee, are listed in the current descriptions of the ExamPrep courses (hereinafter the course description). However, ExamPrep reserves the right to carry out the courses, change the courses and their allocation, course dates, duration, course, target group and minimum number of participants, as well as further framework conditions as described in the following paragraphs.
The ExamPrep owes no success. In particular, ExamPrep does not owe and / or guarantee the successful completion of courses or the passing of any exams or other training, in connection with courses, by or in connection with third parties, or otherwise.
4. Booking courses and contracting
ExamPrep course descriptions are for information only and do not constitute an offer. Courses described in ExamPrep Course Descriptions can be booked in writing or through the ExamPrep website. The booking by the student is an invitation to submit an offer to the ExamPrep. ExamPrep will send after receiving a booking a course confirmation to the student who this or, as far as the student is underage, his legal representative, by countersigning and returning to the ExamPrep assume that a training contract is concluded. A training contract only comes about with the proper receipt of the countersigned course confirmation by ExamPrep. ExamPrep reserves the right not to send a course confirmation and therefore no offer to the student on a booking.
5. Resignation from the training contract
The student and ExamPrep may withdraw from the relevant training agreement by written notice to the other party until 20 calendar days before the start of the respective course or until 10 calendar days before the commencement of the respective individual session. In the case of such a withdrawal ExamPrep will pay back the school fees as far as it was already received by ExamPrep and as yet no courses or lessons have been taken. There is no further claim of the student for compensation for other damage, other costs or expenses.
If the student withdraws between 19 and 10 calendar days before the start of the respective course or between 9 and 1 day before the beginning of the respective individual lessons, the student is only entitled to repayment of 50% of the school fee, as far as it has already been received by ExamPrep for which no courses or lessons have been obtained. If the student steps back later, or if he terminates the training contract after the beginning of the course or the individual lesson, the paid tuition will be forfeited.
If ExamPrep withdraws later than 19 calendar days before the start of the respective course or later than 9 days but before the start of the individual session, or if ExamPrep terminates the training contract after the start of the course or the individual session, the student is entitled to repayment of the school fee, as far as it is concerned already received by ExamPrep and as far as no courses or lessons have been obtained.
In all cases of resignation or termination by the student in accordance with this clause, ExamPrep may charge the student an expense portion of CHF 200.-. ExamPrep is entitled to charge this portion of expenses with a possible repayment of the school fee.
6. Reservation regarding the execution of courses
ExamPrep reserves the right to postpone the completion of a course or lesson, or to cancel the course or lesson unless the minimum number of participants specified in the respective course description is present for this course or lesson, and will expose the student as soon as possible possible to notify in writing. In the case of postponement, the student is free to attend the postponed course or lesson, or to withdraw from the training contract regarding this course or lesson. The student must declare ExamPrep, in writing, within 2 working days after receipt of the notification of the displacement, in writing the resignation. The omission of the timely declaration is considered approval for the postponement.
In the case of such resignation by the student or in the case of a cancellation of a course or a lesson by ExamPrep, ExamPrep will pay back the school fees as far as it has already been received by ExamPrep and no courses or lessons have been taken. There is no further claim of the student for compensation from the other damage, other costs or expenses.
7. Private lessons
ExamPrep can offer individual lessons upon request of the student. Tuition fees, teachers, course locality, subject, type, beginning, duration and course of the course, as well as courseware, teaching aids and aids are determined by ExamPrep and communicated to the student in a course confirmation. The school contract is concluded with the return of a copy of the course confirmation countersigned by the student or, as far as the student is a minor, countersigned to his legal representatives. For the purposes of these General Terms and Conditions, individual lessons are provided in the "Lessons" and the provisions of these General Terms and Conditions relating to "Lessons" are applicable unless expressly stated otherwise (as below, for example).
The student may postpone an agreed-upon individual lesson up to 2 working days prior to its commencement in consultation with ExamPrep by written notice. After a three-fold delay, ExamPrep is entitled to withdraw from the training contract relating to this individual section and to notify the student in writing. In the case of such a withdrawal, ExamPrep will reimburse the tuition as far as it has already been received by ExamPrep and as yet no courses or lessons have been taken, whereby ExamPrep can charge the student an expense portion of CHF 200.-. ExamPrep is entitled to charge this portion of expenses with a possible repayment of the school fee.
8. Colloquium lessons
ExamPrep can offer colloquium lessons in connection with a course as required. Colloquium lessons are usually held for additional lessons as needed and for exam preparation. Colloquium lessons are a separate course or lessons in relation to the course they are related to.
Tuition fees, teachers, course locality, subject, type, beginning, duration and course of the course, as well as course materials, teaching aids and aids are determined by ExamPrep and communicated in a course confirmation to the students of the course who are interested in the colloquium lessons. The training contracts with the interested students are concluded with the return of the students or, as far as the students are underage, copies of the course confirmation countersigned with their respective legal representatives.
For the purposes of these Terms and Conditions, colloquium lessons are contained in "Courses" or "Lessons" and are subject to the provisions of these General Terms and Conditions relating to "Courses" and "Lessons", unless expressly stated otherwise (as above), whereby the colloquial lessons are each according to context within the meaning of these General Terms and Conditions shall be considered courses or lessons.
9. Other courses
ExamPrep can offer further courses and lessons, eg correspondence courses, which can be based on separate contractual bases as required. Otherwise, the provisions of these General Terms and Conditions regarding "Courses" and "Lessons" apply.
The student pays the school fees specified in the respective course confirmation within 10 calendar days after the course confirmation has been sent by ExamPrep, by bank transfer to the bank account specified in the course confirmation. In any case, the receipt of the ExamPrep School Fee must be received prior to the commencement of the respective course or lesson, otherwise the student may be excluded from attending the appropriate course or lesson until the full payment has been received. During such an exclusion, the student will not receive any training documents. There is no right to any subsequent participation in or performance of those lessons, parts or sections of a course from which a student has been excluded as described above. The student is not entitled to compensation for damage, costs or expenses.
In the case of individual lessons, these are only carried out after receipt of the appropriate school fees. If the school fee does not reach ExamPrep within 10 calendar days after sending the course confirmation to the student, ExamPrep has the right to withdraw from the corresponding training contract in writing. The student is not entitled to compensation for damage, costs or expenses.
ExamPrep may, at the request of the student, allow the payment of the school fees in installments in writing. In this case, the foregoing applies mutatis mutandis to any installment and to any part of courses or lessons the corresponding installment is attributable to. In special cases, ExamPrep may also allow subsequent payment of all or part of the tuition at the pupil's request. If the student fails to make a installment payment or a late payment on time, ExamPrep has the right to terminate the related training agreement immediately by written notice. The date for the corresponding payment is a fixed date, and the student's default occurs without any additional reminder. The corresponding course (s) will be discontinued and the course (s) will be discontinued; any course materials, teaching aids and / or aids that have not yet been handed out will no longer be handed over, and any remaining and / or lessons ExamPrep held school fees expire at ExamPrep. Pending claims of ExamPrep for payment of tuition remain valid even after completion of the training contract.
The student and his / her legal representatives assure by signing the course confirmation that none of the funds paid to ExamPrep are from criminal offenses, in particular from organized crime and / or money laundering and / or bribery matters within the meaning of Swiss or national law from which the pupil or his legal representatives come from and / or where they live or reside.
11. Participation and behavior of the student and sanctions
ExamPrep offers their courses and lessons to students of different provenances and cultures. The student must maintain a neutral, tolerant, respectful and considerate relationship with his classmates and others during class hours and / or course locations. The student recognizes that the ExamPrep holds the domestic power in the course localities, and submits to this. The student is prohibited from peddling in the course locations and / or during school hours, displaying criminal behavior and / or activities that go beyond the religious and / or political social norms, or by his behavior or appearance others Disrupting students or attendants and / or the teaching profession. The student must follow the instructions of the teaching staff and the ExamPrep representative as well as the existing ExamPrep house rules in the course location and / or during the courses or lessons. Furthermore, the student is required to attend the courses and lessons according to the training contract. He has to cancel in time before the beginning of the lesson by phone or email if he can not attend. Any missing student will be reported in writing to any legal representatives of the student.
If the student disregards the above obligations, he or she may be verbally or in writing warned by the teaching staff or a representative of ExamPrep and, in the event of recurrence, removed from the course, lesson and / or course locality. Any verbal warning will be subsequently confirmed in writing to the student, and any written warning or confirmation will be communicated in writing to the student as well as to his legal representatives. In the event of repeated warning or expulsion, ExamPrep may definitively exclude the student wholly or in part from participating in the course or at the lesson, and if necessary pronounce a home ban and / or withdraw from or announce the training contract. The tuition fee for the course or lesson from which the student was expelled or expelled will be forfeited by ExamPrep and will not be refunded. Any claims of the ExamPrep remain valid even after the expulsion or the expulsion of the student or the termination or the termination of the training contract. The statutory sanctions and measures, such as a criminal complaint, remain expressly reserved.
12. Notifications and notifications of ExamPrep to authorities and legal representatives
The student and his / her legal representatives expressly allow the ExamPrep to provide the competent authorities with the information and notifications that ExamPrep has to provide in accordance with applicable laws and regulations and / or dispositions. ExamPrep is not obliged to appeal against any requests or orders of the respective authorities. The student also agrees that ExamPrep may periodically and / or as required report to its alternate representatives on its progress in the courses and lessons, as well as on its behavior and behavior, and any administrations, evictions or exclusions.
13. Course venue, aids, course materials and teaching materials
The locality for the execution of the respective course (the course locality), as well as any course documents which are created by the ExamPrep, are made available to the student by the ExamPrep.
Course locations and the suggested resources and teaching materials will be determined by ExamPrep and communicated to the student as soon as possible, if possible already in the course confirmation. ExamPrep can adapt later, before or during the respective course, the course locality and the suggested aids and teaching aids.
The course materials do not include teaching materials that are obtained from third parties. The cost of teaching materials, including ExamPrep's costs for their procurement, is borne by the student and must be paid to the student prior to delivery of the teaching materials.
14. Intellectual property
The student does not acquire or receive any intellectual property in the course materials, aids, teaching aids and all other documents and contents which are given to him by ExamPrep. To the extent that they are under the intellectual property of ExamPrep, they remain wholly owned by ExamPrep. All documents and documents produced by or for ExamPrep are the intellectual property of ExamPrep. Any use of documents, materials and content (including distribution to third parties), duplication (electronic, photographic or otherwise), use in other schools, courses or Lessons) that are in the intellectual property of ExamPrep, outside of ExamPrep's courses or lessons, are not permitted without the prior written consent of ExamPrep.
15. further services
The pupil is responsible for entry and stay in Switzerland, for obtaining and obtaining any necessary visas or authorizations, for the conclusion of necessary or adequate insurance, for the contact to authorities, for food, lodging and for all other which not according to These terms and conditions expressly under the responsibility of ExamPrep. Any activity to assist the student outside ExamPrep's explicit responsibility under these terms and conditions will only be made in advance, if necessary in writing, and as instructed by the student or his legal representatives, will be considered complete, up-to-date, accurate and true ,
The student or his / her legal representatives will bear all ExamPrep costs and expenses for and in connection with such activity, and will indemnify ExamPrep for any damage and for any expenses, taxes, fees, fines and other costs in this regard hold. ExamPrep is entitled to claim an advance for such costs and expenses and does not owe any activity until it has received any advance requested.
16. Third party costs, insurance, taxes and indemnification of ExamPrep
The school fees and any costs for teaching materials do not include third-party costs. Third-party costs are costs incurred or invoiced by third parties, such as fees for examinations, living, accommodation, meals, visa costs, transport costs, health insurance and other healthcare costs, insurance, documents and books, resources, etc.
The student is required to meet at least the statutory requirements for insurance and will in particular take out health insurance, accident insurance and personal liability insurance with adequate coverage and adequate cover and throughout the period in which he or she attends a course or lesson of ExamPrep for three months after expiration of the contractual end of the last course or last lesson. ExamPrep is entitled to demand sufficient proof from the student regarding the above insurance cover.
All prices and costs are, unless expressly stated otherwise, exclusive of the respectively applicable value added tax, which will be invoiced additionally if applicable.