Terms and Conditions for dBs Berlin Courses
1 Scope of Application
1.1 dBs Berlin GmbH, Funkhaus, Nalepastraße 18-50, 12450 Berlin, Germany (“our”, “us” or “we”) is an international creative production institute offering Music, Film, Screen Acting, VFX and other Courses (“Course”) held by dBs Berlin Tutors which can be booked through the application form on the website https://www.dbsmusic.net/ (“Website”).
1.2 These Terms and Conditions of dBs Berlin Courses (“Terms and Conditions”) govern the booking process and the contractual relationship between the customer that books the Course (“you”) and us (together “Parties”). You can access and print out the current Terms and Conditions during the booking process and at any other time on our website. We do not store this contract text after conclusion of the contract.
1.3 You acknowledge the exclusive applicability of these Terms and Conditions as the contractual basis for booking Courses. Any conflicting general terms and conditions of you are excluded, even if we do not expressly object to them.
2 Application Process
In order to initiate a course booking you must submit the application form on the Website. Until you click the “Submit” button, you can cancel the booking at any time or change the information provided by simply correcting it in the fields on the form. This application does not incur any costs for you. After submitting the application form, you will receive a message from our Admissions Team to request additional documents to complete your application. The additional documents concern your academic level of qualification as well as a sample of your (if possible to be provided) creative work. After viewing all the materials submitted by you the Admissions Teams will decide if you are a good fit for the school. If yes, we will send you an offer letter with an attached invoice either for the enrolment fee, if the course requires one, or the full course fee, in the case of a short course (“Offer Letter”).
3 Conclusion of Contract
3.1 We are your contract partner when booking a Course on the Website.
3.2 The provision of the Course offered on the Website and the Offer Letter do not constitute a binding offer by us to conclude a contract. The Offer Letter is an invitation to you to submit an offer to us by paying the amount requested in the Offer Letter. The Offer Letter will request either an enrolment fee, or in the case of a short course the full course payment.
3.3 You make a binding offer to book a Course when transferring the payment requested in the Offer Letter. (“Offer payment”)
3.4 The contract is concluded when we send an acceptance letter of your Offer Payment to the e-mail address you provided to us as part of the application process (“Conclusion of Contract“) after receipt of your Offer Payment (“Booking Confirmation E-Mail”). The Booking Confirmation E-Mail contains the essential characteristics of the contract. You will receive these Terms and Conditions after Conclusion of Contract with a separate e-mail.
4 Our Obligations and Rights; Cancellation of Courses
4.1 We offer the Course described in detail on the Website, especially on the course detail pages.
4.2 The Course will take place on the date(s) specified in the course description on the Website.
4.3 We may change the Course program due to organisational reasons, in particular the time and/or place at which the course is to take place or to change the instructor, or to improve the learning content of the Course. When we do this, we will take your reasonable interests into account and will inform you without undue delay of such changes.
4.4 We are only obliged to carry out the Course if the minimum number of students of 12 persons per class is reached.
4.5 We reserve the right to cancel the Course with a term of 4 weeks before the start of the course if (i) the minimum number of 12 students per class is not reached or (ii) if the instructor is unable to attend the Course without our fault and, despite all reasonable efforts, we have not been able to find an adequate substitute instructor or (iii) if the facilities where the Course was to take place are not suitable for holding Courses (for example due to ongoing construction work or unforeseen termination of the rental agreement) without our fault and, despite all reasonable efforts, we have not been able to find adequate substitute facilities. In both cases, the full Course Fee will be refunded. We will inform you without undue delay about any cancellation of the Course.
5 Prices and Terms of Payment
5.1 Upon Conclusion of Contract, you are obliged to pay the course fee for the Course booked and any fees for special methods of payment agreed on upon Conclusion of Contract (“Course Fee”).
5.2 Unless otherwise stated, all prices are quoted including fees for special payment methods. VAT is not charged on this type of educational course in Germany.
5.3 The Course Fee is due upon Conclusion of Contract for any Course requiring an enrolment fee. If you have signed up for subscription payment, the respective Course Fee for each subscription period is due on the 25th of each month (“Due Date”) of the respective subscription period. If you use bank transfer as a means of payment, we ask you to transfer the Course Fee immediately after receipt of the Booking Confirmation E-Mail, but you have to do so no later than three weeks before the start date of your Course.
5.4 Payment is made by the payment method you choose in the booking process. The available payment methods will be displayed before the Conclusion of Contract. We are entitled to remove or add individual payment methods.
5.5 In the case of a return debit note, you are obliged to reimburse us for the costs actually incurred by us for the return debit note.
6 Your Other Obligations
6.1 You are obliged to provide true and complete details in the application. You will not submit or use in the Course any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to do so.
6.2 You grant us a non-exclusive, non-transferable, non-sublicensable right of use to the works you create during a Course for marketing and teaching purposes, e.g. on our Website or in other courses.
7 Copyrights and Rights of Use
7.1 We reserve all rights to teaching material given to you as part of a Course, including those of translation, reprinting, duplication – also in electronic form (e.g. PDF format) – or parts hereof (“Course Material”). No part of the Course Material – not even in excerpts – may be reproduced, duplicated, processed, changed, distributed or otherwise used for public display. This does not apply to duplication of the Course Material for your studying purposes.
7.2 The Parties may use software during a Course which is protected by copyrights and trademarks. This software may not be copied nor processed in any other machine-readable format and not removed from the room where the Course is being held. In order to protect our systems, the use of any software or hardware which you bring to a Course is subject to prior express written approval by us. In the event you breach these provisions, we may claim damage compensation according to statutory law.
8 Limitation of Liability
8.1 We are fully liable for intent and gross negligence as well as for damages caused by injury to life, body or health.
8.2 In an event of slight negligence (other than in the cases described in Clause 8.1 above), we are liable only for breaches of a material contractual obligation. A material contractual obligation in the meaning of this provision is an obligation that must be performed in order to make the implementation of this contract possible in the first place and on the performance of which the contractual partner may therefore generally rely.
8.3 In a case according to Clause 8.2 we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues, business interruption or indirect damages.
8.4 We are only responsible for damages that are a typical, foreseeable consequence of our breach of these Terms and Conditions at the time of Conclusion of Contract. We will not be liable to you if we are prevented or delayed from complying with our obligations under these Terms and Conditions by anything you (or anyone acting on your behalf) does or fails to do in violation of any obligation, or due to events which are beyond our reasonable control.
8.5 The limitation of liability applies accordingly to the benefit of our employees, agents and vicarious agents.
8.6 Any potential liability on our part for any guarantees (which must be expressly designated as such in order to be guarantees in the legal sense) and for claims based on the violation of data protection law remains unaffected.
9 Term and Cancellation of Contract; Refund on Cancellation
9.1 The term of the Course is described in detail on the Website.
9.2 Once you have been accepted to a Course you can cancel in text form (e.g. by letter or e-mail) and ask for a refund in the following circumstances:
- if we receive a written request before the first lesson has taken place and no qualified substitute participant has taken the place, you receive a 50% refund of the Course Fee minus the enrolment fee or you can keep a credit for the full Course Fee (to be applied for a different course); however, if we succeed in finding another qualified applicant to occupy the vacant place, you will receive a full refund of the Course Fee minus 50% of your enrolment fee.
- if you are enrolled in a long Course of at least 1 year starting in September of any given year and we receive a request from you to cancel the Course prior to November 30th in that same year, you will receive a 50% refund of your Course Fee minus the enrolment fee. If we receive this request following November 30th in the year the course started or any year after this year you will not be entitled to receive any refund of your Course fee or your enrolment fee unless we receive notification supported by a doctor’s note that you are unfit to continue to attend the rest of the course. In this case you will then receive a refund equal to the value of the remainder of the course minus the enrolment fee or you can keep a credit equal to the value of the remainder of the course.
- if you are enrolled in a summer course in any given year and no qualified substitute participant has taken the place and we receive a request from you to cancel the Course before the first lesson has taken place, you will be entitled to a 40% refund of the Course Fee minus the enrolment fee; however, if we succeed in finding another qualified applicant to occupy the vacant place, you will receive a full refund of your Course Fee minus 50% of your enrolment fee.
If you fail to attend the Course on which you are booked and have not given prior notice to us then the Course Fee will remain payable in full and no refund will be allowed.
9.3 In any of the aforementioned cases in clause 9.2 you have the right to prove that no or significantly less damage has been incurred to us as a result of the cancellation. Further claims are excluded.
9.4 Section 9.2 does not limit the Parties statutory rights to cancel the contract for good cause or to withdraw (as explained in more detail in Section 10).
In particular, good cause is given and we are entitled to cancel the contract for good cause if you have signed up for subscription payment and
- you are in delay with the payment of the Course Fee for two consecutive Due Dates or
- if, in a period extending over more than two Due Dates, you are in delay with the payment of the Course Fee due for an amount equal to the Course Fee for two Due Dates.
10 Statutory Right of Withdrawal
If you are a consumer according to § 13 German Civil Code (Bürgerliches Gesetzbuch), i.e. a natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession, you have a legal right to withdraw from the contract subject to the following conditions:
10.1 Instructions on Withdrawal
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (dBs Berlin GmbH, Funkhaus, Nalepastr. 18-50, 12459 Berlin, Tel: +49 30 2900 9052, firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
10.2 Model Withdrawal Form
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
— To dBs Berlin GmbH, Funkhaus, Nalepastr. 18-50, 12459 Berlin, Tel: +49 30 2900 9052, email@example.com
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
— Ordered on (*)/received on (*)
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate.
10.3 Premature Expiration of the Right to Withdraw
Your right to withdraw expires prematurely if we have provided the service in full and have only begun to provide the service after you have given us your express consent and at the same time confirmed your knowledge that you will lose your right to withdraw if we perform the contract in full. This means, for example, that you can no longer withdraw your Offer and withdraw from the contract once the Course is fully completed.
11 Changes to these Terms and Conditions
11.1 We may change the contractually agreed services if and to the extent that this is necessary for good reason not foreseeable at the time of Conclusion of Contract and this change does not shift the relationship between performance and counter-performance to the disadvantage of you, so that the change is reasonable for you. We shall notify the customer in text form of any changes to these Terms and Conditions or to the services at least eight weeks before they are scheduled to take effect. A good reason exists, for example, if new technical developments necessitate a change in performance, since we can no longer render the services in the previous contractually agreed form or if new or amended statutory or other sovereign requirements require a change in performance.
11.2 We will notify you in text form (e.g. by e-mail or letter) of any changes to these Terms and Conditions or to the services at least eight weeks before they are scheduled to take effect.
11.3 In the event of changes which are not exclusively in your favour, you are entitled to cancel the contract in text form (e.g. by letter or e-mail) without observing a period of notice at the time the changes take effect.
11.4 Changes to these Terms and Conditions or to the services are deemed to have been approved if you do not object to them until they take effect. In the notification of amendment, we point out in particular the beginning of the aforementioned period, the significance and the consequences of your non-objection.
11.5 The aforementioned clauses do not apply in the case of a change of the time and/or place of the Course according to clause 4.3.
12.1 The contractual languages are English and German.
12.2 Should specific provisions of this contract wholly or partially violate mandatory law or be void or ineffective for other reasons, the remaining provisions remain unaffected.
12.3 The European Commission provides an online dispute resolution platform, which you can reach at http://ec.europa.eu/odr. We are not obliged or willing to participate in a dispute settlement procedure before a consumer dispute resolution body.
12.4 The contractual relations between the parties are governed by the law of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer and do not reside in the Federal Republic of Germany, the contractual relationship is subject exclusively to the law of the Federal Republic of Germany excluding the CISG, unless mandatory provisions of the law of the country in which the consumer has his habitual residence provide otherwise.
12.5 If you do not have a general place of jurisdiction in Germany or in another EU member state, or if you are a merchant within the meaning of the German Commercial Code (Kaufmann), or if you have moved your permanent place of residence abroad after these Terms and Conditions have become effective, or if your place of residence or habitual residence is not known at the time the action is filed, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office.