General Conditions

General Conditions

General Conditions of Deutsch in Österreich. Verein für Fremdsprachenkurse (in the following referred to as “DiÖ”)

Please note the special cancellation policy regarding Covid-19.

Valid from 09/2014: Not valid for the university courses “German as a Foreign and Second Language” (DaF/DaZ) and Pre-Study Course for Preparation for Supplementary Exams (VAAU) organized by DiÖ on behalf of the University of Klagenfurt. To the latter the general terms and conditions of the University of Klagenfurt apply exclusively.

Applicability

The DiÖ terms and conditions apply to all contracts which the client concludes with DiÖ in accordance with the services listed on the DiÖ website and its printed media (flyer, brochures etc.) Herewith the inclusion of the client’s own terms and conditions is excluded, unless their calidity has explicitly been agreed to. Amendments or additional agreements shall not be valid unless confirmed in writing by persons authorized to represent DiÖ and shall apply soleley to the individiual business transaction. The German original version is valid, other versions are merely informative. The client fully accepts these terms and conditions. “Clients” in terms of the consumer protection act, are both, consumers and companies. For client transactions which are provided by a form of distant communication (online, fax or post), special conditions apply regarding the rights of withdrawal.

Service Description

DiÖ offers language courses consisting of communicative language lessons at the University of Klagenfurt, both, in groups as well as in the form of individual tutoring. In addition to this it offers courses regarding specific content such as Austrian regional studies and literature. For these courses, the teaching professionals make use of text collections and exercise books, authentic text extracts from newspapers and magazines, as well as up to date listening texts (audio CDs) and videos (DVDs). As a licensed exam provider, DiÖ also offers German integration exams of the Austrian Integration Fund (ÖIF). Detailed descriptions of the respective services provided can be found on the relevant pages of this website.

Registration + Deposit

Registration to courses and exams can be done (a) online via the DiÖ website, (b) via postal mail or fax using the registration forms included in DiÖ’s brochures or (c) personally in the office. Registrations must be made at the latest two weeks before the chosen course starts, whilst registration for ÖIF examination dates must be completed by the last day of the registration period.

Upon receiving the client’s registration and the respective deposit payment DiÖ will furnish the client with a confirmation of the enrollment, along with detailed information and the invoice (usually within two working days).

Registrations become valid only once the respective deposit payment has been received. The required deposit does not constitute a booking fee, it is simply a down payment which is to be deducted from the total invoice amount when clients arrange for the final payment. In order to sign up for exams run by the ÖIF (Austrian Integration Fund), the exam fee must be paid immediately. Only when DiÖ has received the examination fee, as well as all other documents necessary for a valid examination registration (these are listed in detail on the corresponding subpage), will the registration become valid. The client must regard the respective registration deadlines.

Right of Withdrawal

If the client is a consumer in terms of the consumer protection act and if the registration with DiÖ was completed either online or via postal mail/fax, then the client is entitled to withdraw from the contract at any time within 14 days without giving any reasons. The time period in which the right of withdrawal is possible starts on the day when the contract is concluded. The declaration of withdrawal is not restricted to a specific form. The withdrawal period is observed if the declaration of withdrawal is sent within the adequate period (the date on which the withdrawal request is submitted is decisive; Saturdays, Sundays and public holidays are included). For verification reasons, DiÖ recommends using a form of written communication to declare the request of withdrawal. The right of withdrawal is no longer valid if, on request of the client, DiÖ has begun with the execution of the services within the 14-day period for withdrawal. In this case the client is required to pay an appropriate sum corresponding to the proportion of services already rendered, in comparison to the full extent of the intended services included within the contract.

Course Fees

  • The course fees listed on the DiÖ website and in its brochures, direct mail pamphlets etc. include the prices for participation in courses and course materials. It should be noted that price reductions for course materials which have already been provided (e.g. in previous courses) will not be granted. Course fees and accommodation prices do not include VAT. Examination fees include 20% VAT. For valid course bookings which are made at least eight weeks before the start of the course, DiÖ offers an early bird discount in the amount of 3% (three percent) of the respective course price. Payments of course fees, accommodation costs as well as any additional costs (if applicable) are to be made invariably 2 weeks before the course starts. If you already have arranged for a deposit payment, please make sure to deduct this sum from the total invoice amount. DiÖ requests that clients pay exclusively in Euros (EUR).
  • ÖIF exam fees do not include practice material. You can download ÖIF practice material free of charge from the ÖIF language portal.
  • Extended course fees are only applicable for course bookings of a minimum of four (intensive program other languages) respectively five (intensive German program) consecutive weeks. They do not apply to course extensions.
  • The issuance of course diplomas/cetificates/confirmation of participation for a current course, an ÖIF examination is free of charge. For duplicates we charge a service fee of € 25.00 per copy. Duplicates of previous ÖIF exams can only be ordered directly from the Austrian Integration Fund!

Payment

Deposits and final payments can be effected by either one of the following methods:

  • Bank transfer
  • Paypal
  • Credit card (Visa, Mastercard)

If clients register personally in the language course office only payments in cash are accepted.

Banking Information

  • Raiffeisenlandesbank Kärnten, Raiffeisenplatz 1, 9020 Klagenfurt am Wörthersee, Austria
  • IBAN: AT 81 3900 0000 0103 7415
  • BIC: RZKTAT2K

Due Date for Payment

Clients are requested to effect the payment of the invoice either immediately upon receipt or in such a timely manner that the total amount is received on DIÖ’s bank account at the latest two weeks before the program starts. All payments for course fee, accommodation as well as other costs (if applicable) invariably are to be made before the program starts. All payments have to be made in EURO (EUR).

Cancellation Conditions

(Withdrawal from an obligatory booking or in default of appearance)
Should the client withdraw from a course booking, an ÖIF or an ÖSD exam registration, or not appear at the said event, following cancellation fees will be charged:

Language Courses:

  • Up to seven workingdays before the course starts: deposit turns into a cancellation fee and is not refundable.
  • Thereafter, if the participant does not attend at all or drops out:  no fees will be refunded, the full amount must be paid.

Examinations:

  • Up to fourteen workingdays before examination:  The examination fee will be refunded in full.
  • Thereafter, or if the client does not attend at all: The full fee is forfeited.

Special cancellation policy in relation to Covid-19

Courses:
If, due to legal requirements (e.g. entry stop for certain countries; selective or area-wide lockdown; closure of the educational institution etc.) face-to-face classes are not or no longer possible, the following conditions apply:

  • Situation occurs during an ongoing course:
    The course will continue as an online version. In justified exceptional cases (e.g. lack of technical requirements on the part of the customer), paid course fees and accommodation costs can be credited aliquot for a later course/date.
  • If the situation occurs at a time when the course has not yet begun, a free cancellation will be made and course fees already paid and any accommodation costs will be reimbursed in full.

Attention: The above conditions do not apply if a course participant cancels the course or stays away from the course due to his own decision (fear of infection or similar).

Exams:
If a scheduled exam, due to the above mentioned requirements must be cancelled, fees already paid will automatically be used for a later date. There will be no refund if the alternative date is offered in the current calendar year. If a new exam is only scheduled in the course of the following year, the entire exam fee will be reimbursed.

Rejection of the Visa Application

If the client’s visa application for Austria has been rejected, the written denial of the Austrian embassy or the consulate should be forwarded to DiÖ (in English or in German). In this case, the client will be refunded the full amount less a processing fee (in the amount of the advance payment). DiÖ recommends that all clients inquire at the Austrian embassy which requirements must be met in order to obtain a visa BEFORE booking.

Cancellation by “Deutsch in Österreich”

If a course participant disrupts the course, behaves in a way which grossly violates the contract, violates the conditions of participation, acts in contrary to the instructions of teaching staff or disregards the current house rules at the University of Klagenfurt, the participant will be cautioned. Should such behaviour continue, DiÖ reserves the right to withdraw from the contract immediately. In this case the client shall not be entitled to reimbursement of any course fees whatsoever.

Warranty

Any claims by the client in respect of a failure by DiÖ to perform the agreed services shall be construed in accordance with Austrian law, and shall be admissible only within the statutory time limits, and with the further provison that such claims shall not result in any breach of this contract. If the client is a company within the meaning of § 1 of the Austrian Corporate Code (UGB), then the obligation to check, notify and reject in accordance with § 377 of the Austrian Corporate Code (UGB) shall apply. If the client fails to comply with these notification requirements, then the service shall be deemed to have been approved.

Health/Accident Insurance

No insurance is included in DiÖ’s course fees. Please note: The client is obliged to check with his insurance company if current insurance is valid abroad; in addition, the client is advised to take out foreign travel insurance and travel cancellation insurance.

Data Protection + Privacy

DiÖ determines and processes data about the client such as family name and first name, academic degree, address, email address, phone number, information about the nature and content of the contractual relationship as well as other personal data belonging to the client or third party which DiÖ attains at the initiation of the contract or during the drawing up of the contract. The client agrees to the use of data by DiÖ to fulfil contractual obligations. The client may revoke his consent at any time. The client agrees to allow DiÖ the use of photos and/or videos taken of him during the course by teaching staff or the recreation team (teaching scenes, excursions, etc.) for advertising purposes (e.g. in course brochures, on the DiÖ website and Facebook page). The customer may revoke his consent before the start of the course. See also Data Protection Declaration.

Liability + Jurisdiction

DiÖ undertakes to provide its services with the utmost care. Liability for damages caused by slight negligence on the part of DiÖ is excluded except in the case of personal injury. The liability for loss of profit, lost savings, and force majeure etc. is excluded in any case except towards consumers in terms of the consumer protection act. The contractual relationship between the client and DiÖ is governed by Austrian law, to the exclusion of the Rome I Regulation and the referring statutes of international private law. The place of jurisdiction and the legal domicile for all disputes arising from the contractual relationship is Klagenfurt. – Wherever the contract involves a consumer transaction in the sense of the consumer protection act, the legal venue is the general court of jurisdiction of the client (place of residence or domicile of the defendant).

Other

Should individual provisions of these terms and conditions be or become partially or wholly ineffective or a loophole appear, the validity of the remaining provisions or parts of such provisions remain unaffected. Instead of the invalid or missing conditions, the respective legal regulations come into effect. As a result of the fact that DiÖ does not exercise some or all rights to which it is entitled, a waiver of such rights can not be derived. DiÖ reserves the right to apply changes in the program and price changes. Should a course be poorly attended, alternative dates will be offered or the number of hours shall be reduced after consultation with the participants. Changes in the terms and conditions can be made by DiÖ at any time and are effective for existing contractual relationships. The current version is available on the DiÖ website. Amendments to terms and conditions by clients shall be permissible if the change is considered reasonable vis-à-vis the consumer, especially if it is insignificant and objectively justified. The client has the right to object to newly implemented changes to the terms and conditions within one month of receiving notification of the changes, otherwise the amended terms and conditions shall be deemed accepted by the client. DiÖ will inform the client about his right of objection as well as the definite legal consequences of the refrained objection.

Contractual Partner

The service contract takes effect with Deutsch in Österreich, Verein für Fremdsprachenkurse, ZVR-Zahl: 741325118, Universitätsstraße 65 – 67, 9020 Klagenfurt am Wörthersee. See Imprint.

Terms of use regarding the eLearning platform “Moodle”

for “German in Austria. Association for Foreign Language Courses” adapted conditions, based on the Terms of U se of the University of Klagenfurt. These conditions are purely to enable understanding and have no legal validity. The legally valid version is the original one, available on Moodle.

1. General
For the conduction of online-based courses and examinations, we provide the eLearning platform “Moodle” (hereinafter referred to as “Moodle”) in cooperation with the University of Klagenfurt (hereinafter referred to as “Administrators”). By using “Moodle” you agree without reservation to the currently applicable terms of use. Should individual provisions be ineffective, the validity of the remaining provisions shall remain unaffected.

2. Scope and competence
The Terms of Use apply regardless of the place of access, support the responsible handling of “Moodle” and its contents and contribute to the protection of copyrights and personal rights. The Administrators are responsible for the operation and technical support of “Moodle”.

3. Purpose
“Moodle” offers content and communication possibilities that are essential for conducting online-based courses and exams. On “Moodle” teaching and learning materials are made available, discussion forums and FAQ lists are operated and other individually created teaching and learning activities offered.

4. Access
Once your user account has been created, only you will have access to “Moodle”. You are not allowed to grant third parties access to your account and you commit yourself to keeping your credentials confidential. In case of suspicion of unlawful use of an account by third parties, you are obliged to communicate this immediately to the University of Klagenfurt at elearning@aau.at and to change your password. For communication on “Moodle” you can only use your user account.

5. Disclaimer and warranty
The Administrators do not warrant the accuracy and legality of the content you provide, in particular not any infringements or actions in conflict with the Terms of Use or applicable law. The Administrators are only liable for performance disruptions and damages that arise from or are caused by grossly negligent and intentional breaches of duty affecting the hardware or software you use. This also includes any damage that arises in an accidental or consistent manner from the download or application of the content. Administrators are not liable for the loss of your data. The use of “Moodle” does not at any time provide grounds for legal claims against the Administrators.

You agree to indemnify and hold the Administrators harmless in the event of damage caused by you and in the event of use by third parties. This also applies to the costs of possible legal action.

Administrators may restrict the use and access to the “Moodle” offer in terms of duration and scope. Subject to other agreements, there is no legal claim to the continued availability of Moodle’s offer. Subject to other agreements, the Administrators reserve the right to modify or shut down “Moodle” at any time without giving reasons.

6. Use
You are responsible for the legality of all the content you provide on “Moodle” (data, texts, documents, information, names, graphics, photos, audio and video files, hyperlinks, etc.) and ensure that copyright and personal rights are respected.

You are obligated not to upload any illegal pornographic, obscene, defamatory, offensive, threatening, seditious or racist content to “Moodle”. In addition, posts and content that harms the reputation of “Moodle”, other users or the Administrators shall be omitted. If you find such content, you are obligated to report it immediately to elearning@aau.at.

You may use content on “Moodle” exclusively for your own, non-commercial purposes. Any duplication, publication or provision of the content that goes beyond the right to private copying (e.g. sharing with third parties, making available on other platforms, via social media or cloud services) is in principle excluded. Exceptions exist only if a license regulates otherwise.

You may provide content on “Moodle” for the sole purposes of teaching and learning. If you make your own content available on “Moodle”, you will not renounce your copyrights. If you provide your own content on “Moodle”, you are aware that such content may be reproduced within the framework of these Terms of Use and section 42g of copyright law for course and examination purposes.

The reproduction of copyrighted content on “Moodle” is only permitted for illustrative purposes in the course for the purpose of communicating the specific teaching content of the respective course, i.e. exclusively for didactic and non-commercial purposes or entertainment purposes.

You may not, in particular, make available course books and other works that are intended for teaching or course use without the consent of the rightholder in accordance with Section 42g (2) of the Copyright Act.

You ensure that by using “Moodle” you do not commit copyright infringements, in particular of section 42g of the Copyright Act, and that you do not commit any criminal offences under section 91 of the Copyright Act.

The content uploaded to “Moodle” for courses, which are subject to section 42g of the Copyright Act, are available as long as there is a legal claim under Section 42g of the Copyright Act. After the removal of the purpose provided for in Section 42g of the Copyright Act, the contents will be deleted.

7. Exclusion
The Administrators reserve the right to delete all of your content in conflict existing laws or teaching objectives at any time without giving reasons and, if necessary, to pursue the issue in court. Once aware of such violation, the course management is obligated to delete content and posts which conflict with these Terms of Use without giving reasons.

The Administrators reserve the right to block your access to “Moodle” in the event of a violation of the terms and conditions without giving any reason. The Administrators can apply this ban in advance if there are reasonable grounds for suspecting a violation.

8. Amendment to the Terms of Use
The Administrators reserve the right to modify these Terms of Use at any time without giving reasons. You will be informed about any changes to the Terms of Use via your e-mail address. By continuing to use “Moodle”, you agree to changes implied. You are obligated to regularly access and take note of the Terms of Use.

9. Place of jurisdiction and applicable law
The place of jurisdiction is the competent court at the seat of the University of Klagenfurt. Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

10. Contact information
Universität Klagenfurt
Zentrale Einrichtung eLearning
elearning@aau.at
Universitätsstraße 65 – 67
9020 Klagenfurt am Wörthersee

Terms of use regarding the eLearning platform “Moodle”

for “German in Austria. Association for Foreign Language Courses” adapted conditions, based on the Terms of U se of the University of Klagenfurt. These conditions are purely to enable understanding and have no legal validity. The legally valid version is the original one, available on Moodle.

1. General
For the conduction of online-based courses and examinations, we provide the eLearning platform “Moodle” (hereinafter referred to as “Moodle”) in cooperation with the University of Klagenfurt (hereinafter referred to as “Administrators”). By using “Moodle” you agree without reservation to the currently applicable terms of use. Should individual provisions be ineffective, the validity of the remaining provisions shall remain unaffected.

2. Scope and competence
The Terms of Use apply regardless of the place of access, support the responsible handling of “Moodle” and its contents and contribute to the protection of copyrights and personal rights. The Administrators are responsible for the operation and technical support of “Moodle”.

3. Purpose
“Moodle” offers content and communication possibilities that are essential for conducting online-based courses and exams. On “Moodle” teaching and learning materials are made available, discussion forums and FAQ lists are operated and other individually created teaching and learning activities offered.

4. Access
Once your user account has been created, only you will have access to “Moodle”. You are not allowed to grant third parties access to your account and you commit yourself to keeping your credentials confidential. In case of suspicion of unlawful use of an account by third parties, you are obliged to communicate this immediately to the University of Klagenfurt at elearning@aau.at and to change your password. For communication on “Moodle” you can only use your user account.

5. Disclaimer and warranty
The Administrators do not warrant the accuracy and legality of the content you provide, in particular not any infringements or actions in conflict with the Terms of Use or applicable law. The Administrators are only liable for performance disruptions and damages that arise from or are caused by grossly negligent and intentional breaches of duty affecting the hardware or software you use. This also includes any damage that arises in an accidental or consistent manner from the download or application of the content. Administrators are not liable for the loss of your data. The use of “Moodle” does not at any time provide grounds for legal claims against the Administrators.

You agree to indemnify and hold the Administrators harmless in the event of damage caused by you and in the event of use by third parties. This also applies to the costs of possible legal action.

Administrators may restrict the use and access to the “Moodle” offer in terms of duration and scope. Subject to other agreements, there is no legal claim to the continued availability of Moodle’s offer. Subject to other agreements, the Administrators reserve the right to modify or shut down “Moodle” at any time without giving reasons.

6. Use
You are responsible for the legality of all the content you provide on “Moodle” (data, texts, documents, information, names, graphics, photos, audio and video files, hyperlinks, etc.) and ensure that copyright and personal rights are respected.

You are obligated not to upload any illegal pornographic, obscene, defamatory, offensive, threatening, seditious or racist content to “Moodle”. In addition, posts and content that harms the reputation of “Moodle”, other users or the Administrators shall be omitted. If you find such content, you are obligated to report it immediately to elearning@aau.at.

You may use content on “Moodle” exclusively for your own, non-commercial purposes. Any duplication, publication or provision of the content that goes beyond the right to private copying (e.g. sharing with third parties, making available on other platforms, via social media or cloud services) is in principle excluded. Exceptions exist only if a license regulates otherwise.

You may provide content on “Moodle” for the sole purposes of teaching and learning. If you make your own content available on “Moodle”, you will not renounce your copyrights. If you provide your own content on “Moodle”, you are aware that such content may be reproduced within the framework of these Terms of Use and section 42g of copyright law for course and examination purposes.

The reproduction of copyrighted content on “Moodle” is only permitted for illustrative purposes in the course for the purpose of communicating the specific teaching content of the respective course, i.e. exclusively for didactic and non-commercial purposes or entertainment purposes.

You may not, in particular, make available course books and other works that are intended for teaching or course use without the consent of the rightholder in accordance with Section 42g (2) of the Copyright Act.

You ensure that by using “Moodle” you do not commit copyright infringements, in particular of section 42g of the Copyright Act, and that you do not commit any criminal offences under section 91 of the Copyright Act.

The content uploaded to “Moodle” for courses, which are subject to section 42g of the Copyright Act, are available as long as there is a legal claim under Section 42g of the Copyright Act. After the removal of the purpose provided for in Section 42g of the Copyright Act, the contents will be deleted.

7. Exclusion
The Administrators reserve the right to delete all of your content in conflict existing laws or teaching objectives at any time without giving reasons and, if necessary, to pursue the issue in court. Once aware of such violation, the course management is obligated to delete content and posts which conflict with these Terms of Use without giving reasons.

The Administrators reserve the right to block your access to “Moodle” in the event of a violation of the terms and conditions without giving any reason. The Administrators can apply this ban in advance if there are reasonable grounds for suspecting a violation.

8. Amendment to the Terms of Use
The Administrators reserve the right to modify these Terms of Use at any time without giving reasons. You will be informed about any changes to the Terms of Use via your e-mail address. By continuing to use “Moodle”, you agree to changes implied. You are obligated to regularly access and take note of the Terms of Use.

9. Place of jurisdiction and applicable law
The place of jurisdiction is the competent court at the seat of the University of Klagenfurt. Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

10. Contact information
Universität Klagenfurt
Zentrale Einrichtung eLearning
elearning@aau.at
Universitätsstraße 65 – 67
9020 Klagenfurt am Wörthersee