General terms of service for group lessons

1.1. These General Terms and Conditions (hereinafter referred to as “GTC”) apply to the contractual relationship between tomatenklang gGmbH, Immanuelkirchstraße 23, 10405 Berlin (hereinafter referred to as “tomatenklang gGmbH”), and the participant or their legal representative (hereinafter referred to as “student”).

2.1. A trial period of three months, starting from the first lesson, is agreed upon. During this trial period, the contract may be terminated with a two-week notice period at the end of the month. Contract changes are excluded from this provision.

 

2.2. Unless otherwise agreed in the lesson contract, lessons take place regularly at the fixed scheduled time in the premises of tomatenklang gGmbH and its branches. Events such as concerts, rehearsals, or workshops may, if necessary, take place outside the premises of tomatenklang gGmbH.

 

2.3. If lessons cannot be held in the agreed premises with the physical presence of both teacher and student (in-person lessons) due to force majeure or official/legal orders or regulations, the music school is entitled to conduct lessons online. Each party shall bear its own costs for online transmission.

 

2.4. The duration of a lesson is determined by the contract. Lessons do not take place during the school holidays of the state of Berlin or on public holidays. Payment obligations remain in effect during these lesson-free periods. Over the course of a calendar year, lessons are scheduled for 36 weekly sessions. For biweekly lessons, this generally means half the number of sessions.

 

3.1. If the student misses a lesson, whether due to short-term illness or other reasons such as vacation or school events, there is no entitlement to a refund, reduction of fees, rescheduling, or make-up lessons.

 

3.2. In case of an illness lasting more than one week, the contract may be temporarily suspended upon presentation of a medical certificate. During this period, no fees will be charged. tomatenklang gGmbH reserves the right to allocate the student’s scheduled lesson time to another student. Upon resuming lessons, a new lesson time must be arranged.

 

3.3. If a lesson is canceled due to teacher absence, a make-up lesson will be scheduled by agreement. If the student does not attend the make-up lesson, no further entitlement to a rescheduling or refund exists. If no make-up lesson is offered, the lesson fee may be refunded upon request.

School holidays of the state of Berlin determine the company’s holiday schedule. Additionally, no lessons take place on public or religious holidays. Lesson-free periods are published on the tomatenklang gGmbH website.

5.1. The lesson contract is concluded for an indefinite period. Either party may terminate the contract with four weeks’ notice, effective on the following dates: November 30, February 28, May 31, and August 31.

 

5.2. Termination must be submitted via the online form. Statutory termination rights for good cause remain unaffected. Workshops and special holiday courses are excluded from this provision.

 

5.3. Group courses with fixed annual contracts, such as Digital Music Production, may only be terminated within the three-month trial period from the contract start date.

 

6.1. Lesson fees are determined based on the attached fee schedule, which is an integral part of the contract. Any changes to the fee schedule will be communicated promptly, requesting approval from the contracting party. If the contracting party does not consent to the fee adjustment within one month, both parties have the right to terminate the contract with immediate effect.

 

6.2. For each calendar month in which the student has an active lesson contract, tomatenklang gGmbH charges an additional fee of €1.00, which covers GEMA and VG Musikedition charges. This fee includes blank music sheets and photocopies of sheet music from the school’s library. The €1.00 fee is debited via SEPA direct debit alongside the monthly lesson fee and ends automatically upon termination of the lesson contract.

 

6.3. In the event of a returned direct debit due to insufficient funds or other reasons, tomatenklang gGmbH is entitled to charge the student a reminder fee of €8.50 plus a processing fee of €5.00 per incident.

All fees must be paid via direct debit by the 5th of each month, and in any case, before the first lesson of the month.

Bank details: tomatenklang gGmbH – IBAN: DE18 1005 0000 0190 0838 40

8.1. Only statutory liability applies. No liability is assumed for loss or damage to personal belongings or valuables brought to the premises.

 

8.2. The teacher’s duty of supervision applies only during the lesson, from the student’s entry into the classroom until their departure.

 

8.3. The student, or their legal guardian in the case of minors, is liable for any damage caused by the student or an accompanying person to the premises, instruments, or other individuals.

 

8.4. No special accident insurance is provided for students.

9.1. Any changes to the contract or additional agreements must be in writing. This also applies to any waiver of the written form requirement itself.

 

9.2. If one or more provisions of this contract are found to be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a legally permissible provision that best reflects the economic intent of the original provision.

10.1. tomatenklang gGmbH collects and processes personal data of students strictly in accordance with the data protection laws of the Federal Republic of Germany. The student is hereby informed, in accordance with § 33 of the Federal Data Protection Act (BDSG), about the type, scope, and purpose of the collection and use of their personal data.

 

10.2. By signing the contract, the student explicitly agrees to the collection and storage of their data as required. Bank account details are collected solely for payment processing and are not accessible to third parties.