ZGS Bildungs-GmbH, Ludwig-Erhard-Str. 2, 45891 Gelsenkirchen (hereinafter referred to as iQ Lingua) offers both courses—in the form of group and individual instruction (depending on the contractually agreed-upon course type)—in the field of adult education (primarily language courses) at its locations (in-person instruction) as well as online coaching. In the language courses, participants are taught by instructors who follow the Common European Framework of Reference for Languages (CEFR). Unless a distinction is made below between in-person classes and online coaching, the following provisions apply to both offerings/services provided by iQ Lingua.
iQ Lingua is entitled to have classes taught by independent contractors and expert third parties. Only the registered participant may attend the classes. Attendance by third parties requires the consent of iQ Lingua.
iQ Lingua offers various contract models:
a. Open-ended contracts with an agreed minimum term
b. Fixed-term contracts with a set duration
c. Hour-based contracts for a fixed total number of hours
b. Contracts for participation in exams and other one-time events.
The type of contract that was agreed upon is specified in the booking confirmation or the contract.
Duo coaching can only be completed if two participants (hereinafter referred to as “course partners”) sign an identical contract on the same day. If a course partner terminates the contract, they will withdraw from the duo coaching as of the termination date specified in the contract. The other course partner will then continue the contract as individual coaching at the rates for individual coaching, unless they join the first termination within 14 days after iQ Lingua has informed them of this. If one course partner terminates the contract based on the special right of termination pursuant to Section 5 and the other course partner joins in the termination, both course partners are jointly and severally liable to pay, retroactively from the beginning until the end of the contract, the difference between the current participation fee and the higher participation fee that would have applied had the shorter, now actual term been agreed upon. If iQ Lingua does not specify a separate participation fee for the actual term, the participation fee for the next shortest term shall apply.
Any termination must be in writing. In cases of a temporary impediment to performance, extraordinary termination of the contract is excluded. However, if iQ Lingua is responsible for the temporary impediment to performance, the statutory rights of termination shall remain in effect.
iQ Lingua does not offer a right of withdrawal for the entire course program. The course program has limited enrollment for a predetermined period. In this non-standard case, a right of withdrawal would be unreasonable for the provider.
The participation fee is due by the third business day of each calendar month and must be paid in advance. If the contract stipulates a registration fee, it is due with the first course fee. If the contract begins during the current month, the same applies to the participation fee for the first (partial) month. If direct debit is agreed upon, the account will be debited according to the contractually agreed due dates. In the case of new contracts or other changes, the contracting party will be notified of the applicable debit amount at least five days before the account is debited (pre-notification period). The above provisions do not apply if different payment terms are agreed upon in the special provisions.
Under current law, payment of the participation fee is exempt from sales tax. Should the sales tax exemption be revoked in the future due to a change in the law, iQ Lingua is entitled to charge the applicable sales tax in addition to the fee effective from that date.
If the cost of facilities, personnel, marketing, or general administration changes, iQ Lingua is obligated, in the event of a decrease in costs, and is entitled, in the event of an increase in costs, to adjust the participation fee at its reasonable discretion, taking into account the proportion of the participation fee attributable to the aforementioned cost element.
Class dates are set by iQ Lingua. Dates may be rescheduled for operational reasons. Students have no right to a specific date.
Regular attendance in class is necessary for sustained learning success. To ensure continuous support, iQ Lingua strives to grant make-up sessions for excused absences (medical certificate or other justified cases, such as internships, etc.) exclusively within the course period. However, there is no entitlement to such make-up sessions. If a participant is absent from class without a valid excuse, these hours are considered attended in all cases. Make-up sessions cannot be arranged.
iQ Lingua reserves the right to cancel the contract if an insufficient number of participants has registered for a program. Such a cancellation generally takes place five days before the start of the respective program. iQ Lingua may also cancel the contract in cases of force majeure or if a lecturer or instructor is unable to participate due to illness that is not merely temporary. In such cases, iQ Lingua will immediately notify the participant of the cancellation of the program. Any participation fees already paid by the contracting party to iQ Lingua will be refunded in full. Further claims by the contracting party or participant are excluded, except in cases of intentional or grossly negligent conduct on the part of iQ Lingua’s employees or other agents.
iQ Lingua is entitled to provide a substitute for the announced instructor, provided that the substitute is equally qualified. There is no entitlement to instruction by a specific instructor.
In order to ensure high-quality instruction for all participants, iQ Lingua reserves the right to suspend a participant who behaves inappropriately during class from that day’s session after issuing a warning, without this reducing the participant’s obligation to pay. This is the only way to ensure that classes proceed in a calm and orderly manner. After two unsuccessful warnings, iQ Lingua is entitled to terminate the contract for cause without notice.
iQ Lingua is liable to customers and registered individuals in all cases of contractual and non-contractual liability arising from willful misconduct and gross negligence, in accordance with statutory provisions. In all other cases - unless otherwise specified below - iQ Lingua shall be liable only in the event of a breach of a so-called cardinal obligation (that is, a contractual obligation whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer may reasonably rely), and such liability shall be limited to compensation for foreseeable and typical damages. In all other cases, liability is excluded, subject to the provision below. To the extent that iQ Lingua’s liability is excluded or limited, this also applies with respect to the personal liability of its employees, workers, staff, representatives, and agents. iQ Lingua’s liability for damages resulting from injury to life, limb, or health, or under the Product Liability Act, remains unaffected by the foregoing exclusions and limitations of liability.
The course materials provided by iQ Lingua are protected by copyright and may not be reproduced or used for commercial purposes without the consent of iQ Lingua and the respective instructors. The user expressly acknowledges this right.
Classes are held year-round, except during Christmas week (December 24–31) and on public holidays in the respective federal state. The agreed-upon participation fee is due for all of the periods mentioned.
If in-person classes cannot be held on the premises due to exceptional circumstances - such as legal or official orders or recommendations, natural disasters, damage to the classrooms, or other circumstances beyond iQ Lingua’s control - iQ Lingua is entitled to switch the classes to online coaching. The right to switch from in-person classes does not apply if such a switch or adjustment would be unreasonable for the contracting party.
In the event of a change of residence, the contracting party has the option of attending in-person classes at the nearest location or participating in iQ Lingua’s online coaching sessions.
iQ Lingua notes that certain technical requirements must be met by the customer in order to ensure optimal use of the online coaching service. To this end, the customer requires an internet-enabled computer or compatible device, a stable internet connection (at least DSL6000), a headset, and certain freely available (third-party) software. In addition, the use of a webcam is recommended to take full advantage of all opportunities for interaction with the instructor.
The customer is responsible for ensuring that the technical requirements for online coaching are met and that the necessary third-party software is used. The use of third-party software gives rise solely to a contractual relationship between the customer and the respective provider of the third-party software. The third-party software provider does not act on behalf of iQ Lingua, nor does iQ Lingua rely on the third-party software provider to fulfill its contractual obligations to the customer. No claims may be made against iQ Lingua if the customer has failed to fulfill their obligation to ensure the technical requirements are met.
iQ Lingua expressly reserves the right to further develop, modify, and supplement the services offered as part of the online coaching program. If this requires the implementation of additional technical requirements and/or the use of specific additional (third-party) software, the customer will be notified of this well in advance.
iQ Lingua expressly points out that the use of the Internet and the transmission of data over the Internet may involve security risks. Complete protection in this regard is not possible. It is the customer’s responsibility to take the necessary precautions to protect their system against unauthorized access by third parties. This includes, in particular, using the standard security settings of the browser software used by the customer, regularly backing up the customer’s data, and using a firewall and up-to-date antivirus software to protect against computer viruses.
Any amendments to these Terms and Conditions will be provided to the customer in writing no later than two months before the proposed effective date. The customer’s consent is deemed to have been given if the customer has not notified the company of any objection before the proposed effective date of the amendments. This deemed consent is specifically noted in the notice.
Alternative Dispute Resolution: iQ Lingua is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
The contracting party warrants to iQ Lingua that all information required for registration is truthful and complete, and that the contracting party will promptly notify iQ Lingua of any changes to their personal information (address, phone number, email, etc.). Any information regarding changes to personal data must be sent by email to kundenbetreuung@iq-lingua.de or by mail to ZGS Bildungs-GmbH, Ludwig-Erhard-Str. 2, 45891 Gelsenkirchen. If the contracting party fails to provide information regarding changes to their data and iQ Lingua is thereby prevented from properly providing services to the participant—in particular because any notices of change cannot reach the participant—iQ Lingua shall not be liable in any way for this. Notwithstanding other statutory provisions, if false information was provided during registration, in the event of misuse (e.g., multiple registrations), or if there are serious indications that the contracting party/participant is engaging in unlawful activities, iQ Lingua is entitled to refuse to provide services to the participant in whole or in part and to block the respective contracting party’s/participant’s access to the offerings. To this end, iQ Lingua may place a so-called “blocking note” on the customer's record in order to prevent the contractual partner/participant from using the services in the future, and in particular from re-registering.
The laws of the Federal Republic of Germany shall apply exclusively, to the exclusion of private international law.
Should any provision of these Terms of Registration be or become invalid or unenforceable, in whole or in part, the remaining provisions and their validity shall remain unaffected..
Fixed-term contracts can be signed either at an iQ Lingua location or through the online store.
When booking through the online store, the contracting party selects the desired location, language course, course start date, and contract term. The details are specified in the respective course description.
When booking online, the contracting party submits a binding offer to enter into a contract by clicking the “Book now - payment required” button. The contract is concluded upon receipt of the subsequent booking confirmation.
Fixed-term contracts are entered into for the fixed term agreed upon at the time the contract is concluded. The contract term begins on the first calendar day of the booked month.
The contract terminates automatically upon expiration of the agreed-upon contract term. Ordinary termination during the agreed-upon contract term is not permitted. The right of both contracting parties to terminate the contract for cause remains unaffected.
The participation fee is based on the contract term agreed upon at the time the contract is concluded and the currently valid price list.
Payment is made through the payment service provider offered during the ordering process. The contracting party may choose between a monthly payment and a one-time payment. The selected payment method and the due dates for payments are specified in the ordering process and the booking confirmation. For bookings made at a location, payment is made in accordance with the payment terms agreed upon in the contract.
The contracting party is obligated to ensure that a valid payment method is available and that there are sufficient funds. Any costs incurred as a result of failed payment transactions or chargebacks shall be borne by the contracting party, to the extent that the contracting party is responsible for them.
An interruption or extension of the agreed contract term due to vacation, illness, or other personal circumstances preventing the contracting party from fulfilling their obligations is generally excluded. Statutory claims remain unaffected by this provision.
A participant may withdraw from a course in accordance with the following cancellation policy: A 70% refund of the course fees paid may be provided if a participant withdraws from the course no later than 14 days before the course begins. After that, no fees can be refunded. The request to cancel must be submitted to iQ Lingua in writing via email no later than 14 days before the course begins. Registrations for courses spanning multiple months are considered a single course for the purposes of cancellation or rescheduling; therefore, the 14-day deadline prior to the start of the first course also applies to cancellations.
Business contracts are concluded on the basis of an individual offer. The contract is formed upon the client’s verbal or written acceptance of the offer or upon the signing of the order confirmation.
The type, scope, group size, location, start date, and agreed-upon compensation are specified in the respective order confirmation. Unless otherwise expressly agreed in writing, any subsequent requests by the client to change the scope of services must be agreed upon separately and compensated accordingly.
Depending on the agreement, classes may be conducted in person at the client’s premises, at iQ Lingua or Schülerhilfe locations, or online. For online classes, iQ Lingua will provide the necessary online platform. The client is responsible for ensuring that participants have the technical requirements necessary for participation (in particular, internet access, a device, and, if applicable, audio and video capabilities).
The start date specified in the order confirmation represents the anticipated start of classes. iQ Lingua will make every effort to begin classes on that date. iQ Lingua reserves the right to delay the start of classes, particularly due to the search for a suitable instructor for in-person classes. A delay in the start of classes alone does not entitle the client to withdraw from the contract. The client’s statutory rights remain unaffected.
If the agreed-upon in-person classes cannot be held at the scheduled time due to the unavailability of a suitable instructor, iQ Lingua is entitled to temporarily offer the client online classes as an equivalent alternative. If the client declines this offer, the start of classes will be postponed until a suitable instructor is available for in-person classes. This shall not give rise to any claims for damages or other claims on the part of the client.
If, after the start date has been agreed upon, the Client wishes to postpone the start of classes, this requires the prior consent of iQ Lingua. There is no entitlement to a postponement. Unless otherwise agreed, the term of the contract begins with the actual start of classes. If iQ Lingua provides the lessons on the agreed-upon start date in accordance with the contract and the client does not make use of the service for reasons beyond iQ Lingua’s control, iQ Lingua’s claim to the agreed-upon compensation remains unaffected.
If iQ Lingua agrees to a rescheduling, the new schedule and instructor assignments will be determined based on availability. There is no entitlement to the originally assigned instructor or to a specific new start date.
- The Client agrees to provide iQ Lingua with all information necessary for the planning and conduct of the classes no later than two weeks after the conclusion of the contract, but no later than the agreed-upon start date of the classes. This includes, in particular, the names of the participants, their email addresses (if necessary), the desired class times, and any other information required for organizing the classes. Delays resulting from the Client’s failure to cooperate in a timely manner or to provide complete information shall not be the responsibility of iQ Lingua and may result in a corresponding postponement of the start of classes.
- Invoices are payable in full within 30 calendar days of the invoice date. In the event of late payment, iQ Lingua is entitled, following a prior reminder, to suspend classes until the outstanding amounts are paid in full. Any further legal claims remain unaffected.
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