Terms of service

General terms and conditions for teaching contracts

General Terms of Service for Music School Contracts

§ 1 General 

These General Terms and Conditions, hereinafter GTC, apply to the contractual relations between the Tomatenklang Music School charitable GmbH (proprietor: Adrian Kroß), Marienburger Str. 31, 10405 Berlin, hereinafter Music School, and the participant or his/her legal representative, hereinafter student.

§ 2 Teaching Regulations and Number of Teaching Units 

2.1. The amount of lessons depends on the selected duration.

1 month duration: 3 lessons

3 months duration: 9 lessons

6 months duration: 18 lessons

12 months duration: 36 lessons

2.2. Unless otherwise agreed upon in the teaching contract, lessons shall be held regularly on a weekly basis and at a specified time on the premises of the Music School or one of its branches. Events such as concerts, rehearsals or workshops can, if necessary, also take place outside the premises of the Music School.

2.3. If governmental or legal regulations, or force majeure, prevent the Music School from offering in-person teaching with both teacher and student, the Music School is entitled to instead offer the lessons via online teaching. Each party is responsible for bearing the consequent costs of the online broadcast.

2.4. The length of a lesson depends on the duration specified in the contract. During the school holidays of the state of Berlin, and on public holidays, no classes will be held. Fees must still be paid during periods in which no lessons are held. Lessons are therefore generally given in 36 weekly units per calendar year. For biweekly lessons, 18 units are usually given.

§ 3 Booking and Participation

3.1. The booking of lessons is to be done either by the Music School’s administrative team, or the responsible teacher. 

3.1.1. The imminent respective booked lesson is binding and is hence not refundable. 

3.1.2. Exempt from this are cancellations due to illness. These are only viable if a doctor’s note is provided. The note must be handed in at the School’s administration before the agreed-upon beginning of the lesson.

3.2. The lessons have to take place within the chosen contract duration (this corresponds, on average, to 3 lessons per month). 

3.2.1. Should the lessons be used up earlier than expected, customers can optionally acquire additional lesson packages.

§ 4 Lesson Fees

4.1. The fees are monthly payments for the lessons, the amount of which depends on the selected contract duration. 

4.2. The fees can be payed in advance every month. The payment is done by Direct Debit on the 1st of each month or on the following working day. 

4.3. In the event of a return debit due to insufficient funds or for other reasons, the Music School is entitled to charge the bank’s return debit fee. 

4.4. The School management reserves the right, once a year, to increase the monthly fee by up to 3%. In this case, an exceptional cancellation is not possible. 

§ 5 Cancellation of Lessons

5.1. If the student misses a lesson, also in case of sudden illness or other reasons like vacation or school events, he or she is not entitled to a make-up lesson or the postponement of the lesson. 

5.2. If the student falls ill for longer than one week and provides a doctor’s note, it is possible to pause the contract. There are no fees due in this period. The contract duration is then extended by the certified break. In this case, the Music School reserves the right to offer the agreed-upon lesson time to a different student. Consequently, a new lesson time has to be agreed on when continuing the lessons.

5.3. Whenever the teacher is not capable to conduct a lesson, the student and the teacher agree on a make-up lesson. A maximum of 3 possible make-up lesson dates are offered to the students. The student is not entitled to further make-up lessons or refunds, should he or she not turn up for a mutually agreed-upon make-up lesson.

§ 6 Lesson-free-periods

The Music School’s company holidays are based on the school holidays of the state of Berlin. In addition, no instruction takes place on public/church holidays. Periods without lessons are published on the Music School’s website.

§ 7 Contract Duration and Termination 

7.1. The teaching contract is concluded for the selected period of time (1, 3, 6, or 12 months). The contracts’ termination must be handed in in writing via the online termination document, not later than one month prior to the contract duration.

7.2. Should the Music School not receive a written termination document, the customer will shortly after receive an offer to select the duration of the contract’s continuation. If the customer does not respond to the offer, the contract will be automatically extend by one month. The consequent fee corresponds to the price for one month according to the most recent price list.

§ 8 Copying Fees

For all lessons, a monthly copying fee of 1,00 € is charged. This fee is payed to the GEMA within a copy licence contract with the VG music edition. The fee is to be payed monthly by all students, irrespective of their lesson subject. 

§ 9 Payment Methods 

All fees will be debited from the student’s account by Direct Debit by the 5th of each month, in any case before the first lesson is given.

tomatenklang gGmbH

IBAN: DE42 1005 0000 0190 0722 53

BIC: BELADEBEXXX

or

Musikschule tomatenklang
IBAN: DE 42 1005 0000 0190 0722 53
BIC: BELADEBEXXX

§ 10 Duty of Supervision and House Rules

10.1. The statutory liability applies exclusively. No liability is accepted for the loss of or damage to clothing items, prams, bicycles, as well as valuable objects, money and instruments.

10.2. Bicycles, scooters, toys, food and drinks are not allowed to be brought into the Music School classrooms. 

10.3. There is no separate accident insurance for the students. 

§ 11 Severability Clause

11.1. Changes to the contract or additional agreements must be made in writing. This also applies to deviations from the written form requirement itself.

11.2. Should one or more of the above contractual conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. The invalid or void provision shall be replaced by a provision that corresponds to the economic intention of the parties and is permissible.

§ 12 Consent Clause

12.1. The Music School collects and uses the student’s personal data exclusively within the framework of the provisions of the data protection law of the Federal Republic of Germany. In the following, we inform the student in accordance with § 33 of the BDSG about the type, scope and purpose of the collection and use of personal data.

12.2. The collection and storage of my data to the required extent is expressly agreed to with a signature. Account information is collected only for the purpose of Direct Debit and will not be freely available.

§ 11 Rights of personality 

Herewith I/we agree that the Music School may show photos or videos of my/our child on its website, on flyers, or other publications that serve the self-portrayal of the Music School. This agreement can be revoked at any time, even partially, and is otherwise valid for an unlimited period of time.