Terms of Service
For online tutoring
1. Scope
1.1 For all conclusion of contracts for participation in tutoring with Schoolsensations (Onlinesensations), Av. Cortes Valencianas 17-26a, 46015 Valencia (Valencia – Spain) (hereinafter referred to as “OS”), the following general terms and conditions (GTC) apply exclusively in the currently valid version. Deviations from these conditions and side agreements must be made in writing. Deviating general terms and conditions of the participant will be rejected.
1.2 These contractual terms and conditions as well as the online registration and the price specified therein form the entire contract between the OS and the participant (hereinafter referred to as the participant). The current prices apply to the respective training section (can be found on the website or when booking). Previous prices lose their validity.
1.3 By registering for online tutoring, the participant accepts these terms and conditions.
2. Conclusion of the contract
2.1 The contract between the participant and the OS is concluded as soon as the participant has booked tutoring online. Online registration is also valid without a signature. The contractual relationship between the participant and the OS comes into being at the time of online registration.
2.2 OS is entitled to reject any registration without giving reasons.
3. Scope of services
3.1 OS makes it clear that the services provided are those of a service contract. There are no distance learning courses, but personal student tuition. OS assumes no liability for the success of the tutoring, for the correctness of the selection of subjects / courses (with or without appropriate advice and / or application of test procedures) or for any professional recommendations.
3.2 The tutoring services can be provided by third parties. In principle – especially in the case of weekly and monthly bookings and / or seminars – the lessons should be carried out by one teacher as continuously as possible. However, there is no entitlement to continuous implementation or a specific teacher. OS strives to carefully select suitable persons.
4. Requirement for online lessons
Participation in online lessons requires the availability of a PC or computer, smartphone or alternative technology with internet access at all times and appropriate software for the participants, for which the participant must ensure in good time, as well as the current availability of the internet. The participant is solely responsible for a missing or insufficient online connection. Missing or insufficient equipment does not entitle to withdraw from the contract. OS assumes no liability for this. OS is also not liable for errors in technical devices, systems or software of the participant as a result of the use of programs, software, apps, etc., which are installed on devices of the participant, downloaded from them or in any other way for the implementation of online lessons Devices from TN and excludes any liability for any claims for damages by TN.
5. Booking and giving of tutoring lessons
5.1 Tutoring is booked exclusively via the homepage or the calendar of the respective teacher. The participant receives a confirmation of participation by email containing a link to the online tutoring. The participant has to make sure that they arrive punctually for the online tutoring.
5.2 Participants can purchase current offers or savings packages (e.g. “blocks of 10”) for booking private lessons. These are to be understood as a credit to the amount due for bookings of private lessons according to 5.1. The credit can be redeemed with a coupon code (alternatively the e-mail address that was given when booking the credit) when booking the online tuition. Each coupon code is valid for 2 years.
5.3 The savings packages are designed in such a way that the participant has to use them over a period of 1 year. If the participant is absent for a longer period of time, e.g. due to vacation, lessons can be made up for. The total amount of the respective product is due from the purchase confirmation and is valid for a maximum of 1 year from the booking date.
6. Payment
The fees for private tuition are due when booking the tuition and are to be paid in advance by PayPal, credit card, invoice, instant transfer, giropay or SEPA direct debit.
7. Termination
Since you cannot conclude contracts, subscriptions or the like with online sensation, no terminations are planned.
8. Satisfaction Guarantee
8.1 OS offers the participant a satisfaction guarantee when purchasing more than 40 hours of tutoring. TN can stop the outstanding payments for the product with immediate effect without giving reasons. The satisfaction guarantee only applies to new customers who have not yet bought a savings package. OS offers the participant alternative teachers if they are not satisfied with the course.
8.2 To use the satisfaction guarantee, an email must be sent to info@onlinesensations.net within four weeks of completing the order.
9. Cancellation and postponement of tutoring lessons
9.1 Participants can postpone fixed hours up to 24 hours in advance. After this point in time, the lost hour will be billed. Exceptions to this – only in the event of illness – are possible on goodwill from OS without any entitlement to this.
9.2 A cancellation of a booked appointment by the participant is not possible for technical reasons. Alternatively, the participant has the option of postponing the appointment to a later point in time. The teacher must be informed of this in any case.
9.3 If postponements / cancellations of specified hours are initiated by OS, the corresponding hours will be made up at a timely, different time agreed jointly with the participant. There are no further claims for participants from hours postponed / canceled by OS, in particular TN waives any claims for damages that could arise from postponements / cancellations.
10. Offsetting / right of retention
TN can only offset claims from OS with legally established or undisputed claims. Counterclaims based on the same contractual relationship remain unaffected.
TN is only authorized to assert a right of retention if its counterclaim is based on the same contract and is undisputed or has been legally established.
11. Invoice
The participant must report complaints about the invoice amount in writing immediately, but no later than six weeks after receipt of the invoice by OS. Failure to raise objections in good time counts as approval. OS will specifically point out the consequences of failing to object in due time in the invoices. Statutory claims of the participant remain unaffected.
12. Liability
OS is fully liable for damage to life, body and health if this damage is based on a grossly negligent or willful breach of duty. OS is still liable for other damage due to willful or grossly negligent behavior. Liability is excluded for all other damages.
13. Copyright
All concepts, methods, exercises and techniques of (online or direct) tutoring or seminars from OS are protected by copyright, both verbally and in writing. It is not permitted to make these available to third parties for a fee or free of charge – not even in a modified form. The production or publication of audio or video recordings of training events is prohibited.
14. Data protection
OS collects and uses the participant’s personal data exclusively within the framework permitted by the Federal Data Protection Act. By registering, the participant agrees to the automated handling and processing of his personal data for the purposes of teaching and / or organizing the lessons. This also applies to the editing and / or processing of visualized representations of the person through photos, videos, film recordings in the course of lessons or corresponding data transmission via the Internet, as well as the collection and dissemination of test results obtained via apps or other technical processes and via the Internet may be transferred, provided that the survey and transfer takes place exclusively in the context of lessons or for exercise or test purposes. This consent also includes the appropriate transfer of the data to service providers involved in the seminar. By registering on the website, TN gives its consent to be occasionally contacted by ET in support matters. This is done by e-mail, telephone or other digital means of communication, e.g. Whatsapp, in order to be able to offer assistance in getting started with OS or as a reminder in the event of no-show at agreed appointments. More information can be found in our data protection declaration.
15. Insurance coverage and legal information
15.1 Each participant bears full responsibility for himself and his actions within and outside of the tutoring / seminar and is responsible for any damage caused.
15.2 The services offered by OS are not services in the medical or naturopathic sense, but only serve personal development and school or professional orientation.
15.3 By accepting the GTC, the participant accepts the following points: a) OS has complied with its information and clarification obligations. b) Participation in a tutoring / seminar takes place at your own risk and without liability on the part of OS. c) Participation in a tutoring / seminar takes place at your own request. d) By participating in a tutoring / seminar, the participant confirms his or her normal psychological and physical resilience to OS (parents confirm this for their children). e) The success of participating in a tutoring / seminar also depends on the participants.
15.4 OS concludes service contracts with regard to training units / seminars exclusively with persons of legal age. Parents who conclude a service contract for private tuition / seminars for their children recognize the information listed under point 15.3 and confirm this without restriction for their child.
16. Applicable Law; Place of fulfillment; Place of jurisdiction; severability clause
16.1 Spanish law applies to all legal relationships between TN and OS.
16.2 The place of fulfillment and jurisdiction is – if so agreed – Valencia.
In the event that a party to be sued in the course of action moves their domicile or habitual residence outside the scope of German law after the conclusion of the contract or their domicile or habitual residence is not known at the time of the action, the place of jurisdiction is Valencia.
If the contractual partner is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Valencia.
16.3 Should individual provisions of the contract, including these general terms and conditions, be or become fully or partially ineffective, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective regulation is to be replaced by a regulation whose economic success comes as close as possible to that of the ineffective one.
17. Instructions on the right of withdrawal
Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded. To exercise your right of withdrawal, you must inform us Schoolsensations (Onlinesensations), Av. Cortes Valencianas 17-26a, 46015 Valencia (Valencia – Spain), email: info@onlinesensations.net by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract . In order to meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.
Consequences of revocation: If you revoke this contract, we have to repay all payments that we have received from you immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
Expiry of the right of revocation: The right of revocation expires prematurely if Schoolsensations (online sensations) begins with the execution of the service (e.g. start of the tutoring, the seminar) with the express consent or at the express request of the participant before the end of the cancellation period or the participant initiates this himself Has.
End of revocation
(As of March 1st, 2021)