Terms & Conditions

These general terms and conditions (hereinafter referred to as GTC) apply to all contracts for language courses that are concluded between ZENITH lingo Language Academy, Holzhofstraße 17, 55116 Mainz (hereinafter “ZENITH lingo”) and customer (hereinafter “customer”).

The version of the General Terms and Conditions valid at the time the respective contract was concluded is decisive.

Customers within the meaning of these general terms and conditions are both consumers and entrepreneurs.

According to Section 13 of the German Civil Code, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Pursuant to Section 14 BGB, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

Unless otherwise noted in the special agreements, the general terms and conditions apply to all contractual relationships of ZENITH lingo.

Some provisions of these terms and conditions do not apply to all customers, but only to consumers or only to entrepreneurs. Where this is the case in these GTC, this will be made clear separately.

Unless otherwise stipulated in the context of special offers, the contract for standard language courses is concluded by completing and submitting the online purchase form on the ZENITH lingo website: https://avonkettner.com/  The submission of an offer to conclude the contract with ZENITH lingo mentioned there can be seen in the completion of the online purchase form. ZENITH lingo accepts this by sending a purchase confirmation.

In order to fill out and submit a purchase form, a customer visits ZENITH lingo’s website: https://avonkettner.com/ and clicks the “Buy Now” button, which takes them to the purchase form. The form requires a customer to enter all of the following online:

• First name
• Surname
• Email
• Telephone
• Address (street and house number, city, zip code and country)
• Select the desired course and class time

Customized language courses are subject to special offers. These language courses are tailored to the specific needs of customers. ZENITH lingo sends the tailor-made contract to the customer by e-mail after consultation. The customer should sign the contract and send it back to ZENITH lingo within two days. By completing and signing the contract, acceptance of the customized offer from ZENITH lingo can be seen. This creates the contract.

Standard language courses are the ones offered through the website of ZENITH lingo: https://avonkettner.com/. The program of Standard Courses are fixed by ZENITH lingo and no element is a subject to change. Unless otherwise agreed or instructed, all payments for Standard Courses are made exclusively online on the website of ZENITH lingo: https://avonkettner.com/

Only General Terms and Conditions apply for Standard Courses.

Customized language courses are the ones which are modified by customers based on their special needs. Customers, who want to modify all or certain elements of a Standard language course or request ZENITH lingo to create a new course from scratch, have chances to discuss or negotiate their needs with ZENITH lingo via email, phone, or face-to-face meetings, or video conferences and agree on options.

After agreement is reached, ZENITH lingo sends the contract to the customer. Customer agrees to sign the contract and send the signed contract back to ZENITH lingo via email. After ZENITH lingo receives the signed contract, the contract is concluded.

Not only General Terms and Conditions, but also Special Terms and Conditions apply for Customized Courses.

Customers can customize some or all of the following elements of a Standard course or request to create a new course from scratch based on the following elements:

• Language
• Specialization
• Number of teaching units which are not less than the minimum and more than the maximum classifications
• Course duration based on standard, semi-standard, and customized alternatives
• Curriculum based on designed or customized alternatives
• Intensity based on weekly, intensive, semi-intensive alternatives
• Venue based on online, on-site, or in-house alternatives
• Class size

Customization can be done via email, phone call, videoconference, or face-to-face meeting.

The registration deadline for Standard courses ends 5 working days before the beginning of the respective course.

If the course participant fails to meet the 5-day deadline for booking a course, a course reservation cannot be guaranteed.

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract was concluded. In order to exercise your right of withdrawal, you must inform us (see imprint) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

If you revoke this contract, we must reimburse you for all payments that we have received from you immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract.

For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you.

If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

(If you want to revoke the contract, please fill out this form and send it back.) On See imprint I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following services / the purchase of the following goods (*)

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Ordered on (*)/received on (*)

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Name of consumer(s)

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Address of consumer(s)

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Signature of consumer(s) (only if notification is on paper)

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Date

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(*) Cross out what is not applicable

ZENITH lingo is not liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by Force Majeure events (natural disasters such as hurricanes, earthquakes, or floods; fires, explosions, epidemics, pandemics, wars, strikes, riots, demonstrations, political unrests etc.).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond ZENITH lingo’s reasonable control.

ZENITH lingo’s performance is deemed to be suspended for the period that the Force Majeure Event continues, and it will have an extension of time for performance for the duration of that period. ZENITH lingo will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which its obligations may be performed despite the Force Majeure Event.

ZENITH lingo is only liable for damages in the event of intent and gross negligence. ZENITH lingo is also liable for the negligent violation of essential contractual obligations (cardinal obligations), d. H. such duties the violation of which jeopardizes the achievement of the purpose of the contract and compliance with which a contractual partner may regularly trust. In case of a breach of material contractual obligations, however, ZENITH lingo is liable only for damage typical for the type of contract that was foreseeable at the time of conclusion of the contract.

The above exclusions of liability do not apply in the event of an infringement of life, body, and health. Liability under the Product Liability Act remains unaffected. An exclusion or limitation of ZENITH lingo’s liability also applies to the personal liability of its legal representatives, employees, and other vicarious agents.

Amendments and supplements to the contract must be only in writing. Should one of the above provisions be ineffective, ZENITH lingo is entitled to replace it with an effective provision with a similar purpose. If this is not possible, the statutory provisions apply.

German law shall apply, excluding the UN law on the international sale of goods (CISG). For consumers, this choice of law applies only insofar as it does not exclude the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence.

In case of disputes concerning the meaning or interpretation of a provision of the English version of these terms and conditions, the German version shall prevail in case of doubt.

Jurisdiction is the seat of ZENITH lingo, Mainz, as far as the customer is not a consumer, but a merchant, legal entity of public law or special fund under public law or if the customer has relocated his domicile or habitual residence abroad after conclusion of the contract or his domicile or habitual residence at the time of filing the action is known.