General terms and conditions
Team English is mainly active in the areas of foreign language training.
1. Applicability of the general terms and conditions
1.1. The General Terms and Conditions ("GTC") of Team English Whitfield e.U., (hereinafter "Team English"), apply as a binding basis for all contractual relationships between consumers or entrepreneurs (hereinafter also collectively referred to as "User" or "Customer"), who make use of the offers from Team English. When concluding a contract via Team English's Internet services at www.team-english.com, these terms and conditions are accepted by the user, in particular by clicking the corresponding approval button. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity. Provisions of these terms and conditions, which are expressly designated as valid for entrepreneurs, do not apply to consumers.
1.2. Certain Team English services and/or products may each be subject to separate contractual terms and/or registration terms, thereby supplementing the terms of these terms and conditions. This may be indicated separately in connection with the respective service/product. Insofar as these separate and special conditions for individual service areas deviate from the provisions of these General Terms and Conditions, the provisions of the special conditions apply primarily to the respective provisions of these General Terms and Conditions.
1.3. The contractual partner is Team English unless another contractual partner is expressly identified in the context of special offers.
1.4. The contract language is German.
1.5. Purchase or business terms of commercial users only apply if and insofar as Team English has expressly agreed to this validity in writing.
2. General contractual basis
2.1. If the customer, as a legal guardian, signs a contract with Team English for a legal guardian as a participant, the customer acknowledges and agrees that all contractual provisions apply mutatis mutandis to the participant.
In particular, the customer agrees that Team English's duty of supervision only exists between the start and end time of the service provision. Therefore, the legal guardian is particularly liable for the timely delivery and collection to/from the place of performance. Team English is not liable for any damage resulting from failure to exercise the legal guardian's obligation. The exclusion of Team English in the case of self-, third-party, property or disruptive behaviour is expressly pointed out; the legal guardian is obliged to be always available and ready to pick up the legal guardian during the provision of the service.
2.2. The contract between the customer and Team English is concluded by signing a study contract provided by Team English, which is also concluded exclusively under the terms of these General Terms and Conditions, in the Team English Center or by receiving a signed and signed study contract by mail or email Team English. In the written study contract, the training or service to be booked is described and described separately.
2.3. Appointments made by Team English are subject to the availability of appropriate trainers. Team English endeavours to always provide a replacement coach if a coach fails. There is no entitlement to instruction from a specific trainer. For English courses or training that are cancelled by Team English, Team English offers replacement lessons or training. If this is not possible in individual cases, Team English undertakes to notify the customer immediately of any reimbursement of any lessons or training that have been paid for or not carried out after the end of the contract. A change of language trainer, in particular, can be part of the Team English method and does not entitle the customer to cancel or withdraw from the contract.
2.4. Team English is committed to a careful needs analysis and goal-oriented training planning but is not liable for the failure to achieve a specific learning and training success since in particular the corresponding participation of the customer or the participants and their personal prerequisites for learning are not within the sphere of influence of Team English lie. The specifications made by Team English with regard to the average required teaching units/training scope to achieve a training goal are based on many years of experience and may differ in individual cases from actual requirements.
3. Right of withdrawal for consumers in distance selling contracts and contracts concluded outside of business premises
Cancellation instructions Right of withdrawal
The customer has the right to withdraw from the contract within 14 days from the day the contract is concluded without stating a reason. In order to exercise the right of withdrawal, the customer must Team English (Team English Whitfield e.U., Hauptplatz 9/8, 2700 Wiener Neustadt, Tel: 0677/62795526, email: firstname.lastname@example.org) by means of a clear statement (e.g. A letter sent by post or e-mail) about his decision to withdraw from this contract. The customer can use the sample withdrawal form attached at the end of these terms and conditions, but this is not mandatory. If this option is used, Team English will immediately (e.g. via email) send a confirmation of receipt of such a withdrawal. To meet the withdrawal deadline, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the withdrawal period expires.
Consequences of resignation
If the customer withdraws from the contract, Team English must reimburse all payments that Team English has already received from the customer, including delivery costs, immediately and at the latest within fourteen days from the day on which Team English has received notification of the withdrawal from this contract. For this repayment, Team English uses the same means of payment that the customer used in the original transaction, unless expressly agreed otherwise with the customer; under no circumstances will the customer be charged for this repayment.
If the customer has requested that the services should start during the withdrawal period, the customer has to pay Team English a reasonable amount, which is the proportion of the time until the customer informs Team English of the exercise of the right of withdrawal with regard to this contract, services already rendered compared to the total scope of the services provided in the contract.
The right of withdrawal exists only for consumers and not for entrepreneurs. In addition, the above right of withdrawal for consumers only applies to contracts concluded outside of business premises and within the framework of so-called distance selling contracts, i.e. contracts in which the entrepreneur or a person acting on his behalf or on behalf of the consumer and the consumer for the contract negotiations and the conclusion of the contract exclusively means of distance communication unless the contract is not concluded as part of a sales or service system organized for distance selling. Telecommunication means are all means of communication that can be used to initiate or conclude a contract without the contracting parties being physically present at the same time, such as letters, catalogues, telephone calls, fax copies, e-mails, messages sent via the mobile phone service (SMS) as well as radio and Telemedia.
Sample withdrawal form
for consumers with distance selling contracts and contracts concluded outside of business premises (If the customer wants to withdraw from the contract, the customer can use this form, fill it in and send it to Team English)
Team English Whitfield e.U.
2700 Wiener Neustadt
- Hereby I/we (*) withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
- Team English Institute (*):
/ virtual service (*)
Ordered on (*) / received on (*)
- Name of the consumer (s) (and the participant, if not identical)
- Address of the consumer (s)
- Signature of the consumer (s) (only for notification on paper)
(*) Delete where inapplicable.
4. Prices, terms of payment and default
4.1. For the respective services and / or products from Team English, the prices stated at the time of the conclusion of the contract apply.
4.2. The prices shown on or in the catalogues of Team English are final prices and include the statutory value-added tax, insofar as this applies to the respective service or the respective product or unless explicitly stated separately.
4.3. Payments are due within 14 days of the conclusion of the contract, but at the latest before the agreed service begins.
4.4. Payment is made by bank transfer. Payment is processed through Erste Bank, Beim Alten Stadttor 1-3, 7000 Eisenstadt.
4.5. In the event of a (even partial) delay in payment, all costs, dunning and collection expenses necessary for the appropriate legal prosecution, as well as the applicable statutory default interest apply.
5.1. Team English is only liable for damages in the event of intent and gross negligence. Team English is also liable for the negligent violation of essential contractual obligations (cardinal obligations), ie those obligations whose violation endangers the achievement of the purpose of the contract and on the observance of which a contractual partner can regularly rely. In the event of negligent violation of cardinal obligations, Team English is only liable for the foreseeable, contract-typical damage.
5.2. The above disclaimers do not apply to injury to life, limb and health. Liability under the Product Liability Act remains unaffected. Exclusion or limitation of the liability of Team English also affects the personal liability of its legal representatives, employees and other vicarious agents.
6. Use of data/advertising
Customer data are stored when the contract is concluded, in particular for the execution of the contract and for the duration of the statutory retention requirement. In addition to the legally required transmission, the data may only be passed on to credit card companies or a carrier when materials are sent by post.
Team English uses and processes the customer's personal data for its own advertising purposes by sending the customer information about similar goods or services that the customer has already ordered or booked. The customer can object to the use of his data for this purpose at any time by sending his objection under the password "data protection" by email to email@example.com. His data will then be deleted.
7. Technical requirements for participation in virtual training forms
The customer is responsible for the creation and existence of the technical requirements for participation in virtual training forms at his own expense with regard to hardware, software and other technical equipment. Team English only has a timely information obligation for the technical requirements. In any case, teaching units that cannot be consumed due to technical defects for which the customer is responsible must be paid for.
8. Exclusion in case of disturbing behaviour
Team English reserves the right to exclude customers/participants who disrupt the lesson in a form that does not allow a contractually compliant training for the other customers/participants from the training or from the further course program. In this case, tuition fees for lessons that have not yet been used but have already been paid will be reimbursed by Team English.
9. Choice of law/place of jurisdiction / written form requirement
Austrian law applies, excluding UN law, on the international sale of goods (CISG). If no other court is legally responsible, the place of jurisdiction is the seat of Team English, ie Wiener Neustadt. Amendments and supplements to the contract must be in writing. A departure from this also requires the written form. Should one of the above provisions be ineffective, the validity of the remaining provisions remains unaffected.
10. Special conditions for classroom language training and Team English Virtual Classroom
10.1. Teaching conditions
A teaching unit (UE) comprises 45 minutes unless otherwise stipulated in the individual contract. The customer agrees that a pedagogical staff member can attend certain teaching units for the purpose of quality control of the language trainer used, and can record them with various media for this very purpose. The duration of the contract is determined individually. After the contractually agreed term of the contract expires, Team English is released from its obligation to perform. If a customer continues to take part in lessons after the agreed lesson duration, this is considered to be an extension of the contract under the currently applicable terms and conditions.
10.2. Individual training
The definition of the individual lesson plan is made between the customer and management/reception or study advisor of the relevant Team English Institute, in any case not between the customer and language trainer. In the case of one-to-one training, the customer is obliged to notify the Team English reception that they are unable to attend the class by 2:00 p.m. on the working day preceding the planned class. If the customer cannot attend classes on a Monday, this notification must be made by 2:00 p.m. on the previous Friday at the latest. In the case of lessons in the English Virtual Classroom team, notification of the prevention of lessons must be received by 1:00 p.m. on the working day preceding the planned lessons. Saturdays and Good Friday, December 24th and December 31 in any case, are not considered working days. Lessons that are not cancelled by the customer or only after this period has to be paid for in any case.
10.3. Group training
Group training takes place on fixed dates. In consultation and with the consent of the course participant, the customer can be transferred to another group for pedagogical reasons if this transfer appears to help optimize the learning progress of the group or the individual customer.
The minimum number of participants in the group:
Each group has a contractually stipulated minimum number of participants. If this is undershot, the required teaching units are reduced while the contract amount remains the same (flexible teaching unit adjustment).
The customer agrees to this procedure.
The group training is classified as follows:
Business English 3-8 participants
General English 3-8 participants
Conversation course 4-10 participants
Children & teens
Matura preparatory course 3-12 participants: 10 units / week
Grammar refresher 3-12 participants: 10 units / week
Tuition 3-6 participants
Camps 5-12 participants: 40 units (60 minutes each) / week
IELTS & TOEFL 3-6 participants: 30 units / week
UE = teaching units
An analogue adjustment takes place for courses with other volumes.
Team English is entitled to dissolve a group or to reduce the volume of the teaching units of a group training if the minimum number of participants is undershot and, in the event of the termination of a group training, is obliged to reimburse the tuition fees for the non-completed teaching units.
10.4. In-house group courses
The group size for the in-person group training is a maximum of 10 participants, for participants in the Team English Virtual Classroom 6 participants. The conditions set out in Section 10.2 apply to the entire in-house group. (Private lessons)
11. Terminations / cancellations
If a customer fails to meet his payment obligation and is in default, Team English is entitled to terminate the contract without notice. Any termination must be in writing to be effective.
11.1. Individual training
The under 10.2. The teaching programs mentioned can be terminated in writing by 2:00 p.m. on the working day preceding the planned UE, lessons in the English Virtual Classroom team can be terminated in writing by 1:00 p.m. on the working day preceding the planned UE.
11.2. Group training
Termination of the group attendance classes is possible free of charge in writing up to 4 weeks before the start of the class. In the event of later cancellations before the start of the first TU, 20% cancellation fees apply to group tuition and 50% to intensive courses (at least 20 TU / week). If intensive courses are cancelled up to 5 days before the start of the lesson, 70% of the course fees will be charged. The customer is free to prove to Team English that the expenses saved by his termination justify a significantly lower cancellation fee or no cancellation fee at all. For courses already started in face-to-face group lessons, the following applies: if the customer cannot take part in the lessons (e.g. due to illness, vacation, occupational disability, etc.) The contract can be terminated in writing with a notice period of 4 weeks to the end of the month, but at the earliest 4 weeks after the start of the course.
12. Repayment claims
In the event of termination, the customer can request reimbursement of course fees from unused but already paid UE. This applies to UEs that would still be noticed after the notice period has expired. Separate or different written agreements between the customer and Team English are possible. Reimbursement of the fees of unused UE after the statutory limitation period is excluded. Reimbursement of the costs for paid and handed out teaching materials as well as the service fee is also excluded.
13. Special conditions for individual training via Skype
As part of this product area, Team English offers courses that take place via Skype (hereinafter also referred to as “services” in this section).
The customer specifies the name (s) of the desired participant (s) when placing the order and assures that they have knowledge of the present terms and conditions and observe/observe them. The customer also expressly undertakes to protect access data and passwords in the customer area in such a way that unauthorized use of Team English services by third parties is excluded. Access to the online offers is only available to those participants who have been assigned a user name and a personal password. It is a temporary service. Team English does not refund its customers for unused or little-used access.
13.3. Duration of the training
For individual training via Skype, the training cannot go beyond December 31 of year N + 1, where N is the year the contract was signed or the order was confirmed. Team English and its customers work together to ensure that the courses take place within the time frame that has been envisaged from Team English's educational point of view.
13.4. Change of contract, reorganization of the course
A new organization of the Skype courses at the customer's request (change of course content or similar) or the allocation of course units to another course participant is possible at any time. Such a change will be charged to the customer in the equivalent of two-course units via Skype.
13.5. Technical requirement, responsibility
The participant is responsible for the functionality of his computer or telephone connection and its maintenance. He bears the cost of the Internet connection in order to be able to access the services. Team English does not guarantee that the services offered can actually be used with the customer's computer and / or telephone.
13.6. Payment terms included / not included internet and telephone costs
Skype can be used free of charge. Changes in the tariff structure in the meantime will be passed on to the customer. The customer has to bear any costs due to passive roaming. In the event of a delay in payment, Team English can suspend the continuation of all current orders, regardless of the exercise of other rights.
13.7. Courses via the Internet (e-learning and / or blended learning) - system requirements
The customer takes over the necessary technical equipment for all participants registered by him. The functionality and maintenance of the computer used and / or the provision of a properly equipped computer, which is necessary to follow the course via the Internet, do not fall under any circumstances the area of responsibility of Team English or its vicarious agents. The cost of the Internet connection, which is necessary in order to be able to use Skype courses via the Internet, is borne exclusively by the customer. The Team English offers, which are accessible online as part of the online training, can direct the user to access external websites or links that are not controlled by Team English. Team English cannot be held responsible for any damage to property or other damage suffered by the customer and its participants in the event that they leave the didactic scope of the offer. For each disconnection for which Team English is responsible for more than 48 hours on working days, the service can be extended at the customer's request by the duration corresponding to the interruption, if the customer can actually prove the interruption.
13.8. Organization of individual training via Skype
The lessons via Skype have a duration of 45 minutes, can be taken by participants Monday to Friday from 7:00 a.m. to 9:00 p.m. and always start at the full or half-hour (example: 7:00 a.m., 7:30 a.m., 8:00 p.m.. etc.). Participants book their appointments either via email at or directly at the Team English Institute. The courses are conducted via Skype.
For courses that take place via Skype, the participant specifies their Skype ID when booking the course. The trainer will then contact the participant at the agreed time. The participant must confirm the Skype contact for this. In the event of being prevented, the customer must cancel his reservation at least 6 hours before the originally agreed start of the course. This cancellation must only be made via email or phone call. If a cancellation is not made at least 6 hours before the start of the course or if a course is cancelled after it has started, this course is considered to be granted and will be charged accordingly. The participant will receive an email with a notification about this calculated course.