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§ 1 General
These General Terms and Conditions, hereinafter GTC, apply to the contractual relations between the Tomatenklang Music School (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. A trial period of three months will be agreed upon, beginning with the first lesson. During this probationary period, lessons can be cancelled with a notice period of two weeks.
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. Kann der Unterricht aus Gründen der Höheren Gewalt oder infolge behördlicher oder gesetzlicher Anordnung bzw. Regelung nicht in den vereinbarten Räumlichkeiten bei gleichzeitiger räumlicher Anwesenheit von LehrerIn und SchülerIn (Präsenzunterricht) erbracht werden, ist die Musikschule berechtigt, den Unterricht online zu erbringen. Die eigenen Kosten der Online-Übertragung trägt jede Partei selbst.
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 Cancellation of lessons
3.1. If the student missed lessons, even in the case of short-term illness or for other reasons such as holidays or school events, he or she has no claim to reimbursement or a reduction of fees. The student is also not entitled to catch-up lessons or to a postponement of the lesson date.
3.2. In the event of illness lasting more than one week, the contract may be suspended upon presentation of a medical certificate. No fees will be charged during this time. The contract term will then be extended to compensate for certified downtime. In this case, the Music School is entitled to fill the agreed-upon lesson date with another student. Then a new date must be agreed upon when the lessons are resumed.
3.3. Any lessons cancelled due to the teacher being prevented from attending for any reason shall be compensated for by agreement. A maximum of 3 catch-up dates will be offered. If the student does not make use of a fixed catch-up date agreed to by both parties, there is no further entitlement to catch-up or reimbursement.
§ 4 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.
§ 5 Termination
5.1. The teaching contract is concluded for an indefinite period of time. It may be terminated every six months by either party–at the end of February or the end of August–by giving four weeks’ notice.
5.2. Notice of termination must be given in written form (by post, personal delivery or e-mail). For letters the date of receipt is the postmark, for e-mails it is the electronic confirmation of receipt at the Music School. The statutory right of termination for good cause remains unaffected. Exceptions are workshops and special holiday courses.
§ 6 Tuition fees and copying fees
6.1. The fee for music lessons shall be based on the attached fee structure, which is an integral part of the contract. Changes to the fee structure will be communicated to clients without delay, with the request that they agree to any fee changes. If the client does not agree to the change in charges within one month, both parties have the right to terminate the contract without notice.
6.2. For each calendar month in which the student is party to an active teaching contract, the Music School charges a set copying fee of EUR 1.00 in addition to the payment stipulated in the teaching contract. This copying fee includes blank sheet music and photocopies of music from our school library. The amount of EUR 1.00 will be debited from the specified account via SEPA Direct Debit in addition to the monthly payment agreed to in the teaching contract. The copying fee is automatically cancelled with the termination of the teaching contract.
6.3. In the event of a return debit due to insufficient funds or for other reasons, the Music School is entitled to charge the student EUR 8.50 for each reminder in addition to a processing fee of EUR 5.00.
§ 7 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.
IBAN: DE 42 1005 0000 0190 0722 53
§ 8 Duty of supervision, liability
8.1. The statutory liability applies exclusively. No liability is accepted for the loss of or damage to objects or valuables brought along to lessons or events.
8.2. Teachers employed by the Music School have a duty to supervise students only during the time of the lesson, from when they enter until when they leave the classroom.
8.3. For damages caused by the student themselves or by any accompanying persons to the premises, to instruments or to other persons, the student or, in the case of minors, their legal guardian shall be liable.
8.4. There is no separate accident insurance for students.
§ 9 Severability clause
9.1. Changes to the contract or additional agreements must be made in writing. This also applies to deviations from the written form requirement itself.
9.2. 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.
§ 10 Consent clause
10.1. 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.
10.2. 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.