Terms & Conditions

1. Scope of application, definition of terms
a.) These General Terms and Conditions (hereinafter: GTC) govern the contractual relationship between Lost in Translation and consumers or entrepreneurs. Deviating general terms and conditions of customers cannot be accepted and are hereby expressly rejected.

b.) The customer is a consumer if the purpose of the ordered services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or independent professional activity.

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2. The following conditions apply to language courses:

These special conditions apply to language courses:

a.) Conclusion of contract via our website
The presentation of the language packages in the online store constitutes a binding offer to conclude a contract for these language packages. The customer can only select products from the provider's range if he has previously registered. The customer accepts the offer for the language packs in the shopping cart by clicking the "Order with obligation to pay" button.

 

Before submitting the acceptance of the order, the customer can change and view the data at any time. However, the acceptance can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the "Accept terms and conditions" button and has thereby included them in his acceptance.

We will then send the customer an order confirmation by e-mail, in which the text of the contract (consisting of the order, GTC, order confirmation and a link to the invoice) will be sent to the customer by us on a durable medium (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection regulations.

The languages available for the conclusion of the contract are German and English.

 

b.) Conclusion of contract outside our website
Otherwise, i.e. outside the order options shown under 2.a.) via the website www.lostintranslation.de, our services can be booked. Upon request, the customer will receive an offer by e-mail, which he can accept in writing, by e-mail or verbally. 

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c.) Scope of services
The language courses are conducted as online courses using standard market software for video conferencing or in person. The scope of services includes the language lessons according to the offer. No specific learning success is owed.

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d.) Prices
All prices stated on the provider's website include the applicable statutory value added tax.

 

e.) Payment modalities
aa.) If the contract is concluded via our website, the customer can make payment by credit card, instant bank transfer with Klarna or via PayPal.
bb) Payment of the purchase price is due upon conclusion of the contract.
cc.) If the contract is concluded outside of our website, the customer will receive a monthly invoice, which must be paid within two weeks of receipt.

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f.) Period of use of the services
When purchasing a package with teaching units, the respective offer includes a period of time during which the teaching units must be taken (so-called fixed-term language course). This period is confirmed by the customer upon acceptance of the offer.
The date for the start of this period is agreed with the customer during a preparatory meeting.

 

g.) Course location for face-to-face language courses
aa.) For face-to-face language courses, the customer shall provide suitably equipped premises located within the city limits of the Free and Hanseatic City of Hamburg.
bb.) If the customer is unable to provide suitable premises, he may commission us to provide them. The costs for the provision of the premises shall be invoiced separately to the customer.

 

h.) Substitution, cancellation by the customer, course cancellation, alternative dates
aa) The language teacher may change during the course. The customer is not entitled to be taught by a particular teacher.

bb) If the customer is unable to attend an agreed lesson, he/she is obliged to cancel immediately. Cancellation must be made by e-mail. If, in the case of a language course that is not concluded for a specific period of time (open-ended language course), the cancellation is made less than 24 hours before the agreed start of the lesson, we are entitled to charge the customer for the missed lesson. In this case, there is no entitlement to make up for this lesson. If a fixed-term language course is cancelled less than 24 hours before the agreed start of the teaching unit, this teaching unit shall be forfeited. 

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In the event of the timely cancellation (i.e. 24 hours before the agreed teaching unit) of an agreed teaching unit for fixed-term language courses by the customer, the customer must endeavour to make up the agreed teaching unit without delay. The rescheduling of the agreed teaching unit is no longer immediate if the customer contacts us more than three days later with a new proposed date, which may not be more than 10 days after the original date. Requests for rescheduling to a later date than 10 days after the original date do not have to be accepted by us and in this case there is no entitlement to make up the lesson.

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For customers who are entrepreneurs, in the event of a timely cancellation (i.e. 24 hours before the agreed lesson) by a participant in a group course with a minimum number of participants, the agreed lesson will take place with the remaining participants. In this case, at least the fee attributable to the minimum number of participants will be charged. Only if all participants in a group course that provides for a minimum number of participants cancel in good time 24 hours in advance shall there be a claim to a make-up lesson.

cc) If an agreed lesson is canceled for reasons for which we are responsible, the lesson will be made up on an agreed date,
usually after the last lesson in the case of fixed-term courses.

 

i.) Termination
aa.) Open-ended courses can be terminated by either party with a notice period of 24 hours. Notice of termination may be given in writing or by e-mail. Our right and the right of the customer to terminate the contract for good cause remains unaffected.
bb.) Fixed-term courses cannot be terminated by ordinary notice, but expire in accordance with the agreement. Our right and the right of the customer to terminate the contract for good cause remains unaffected.

 

j.) Course of the online language courses, technical requirements, liability in the event of technical faults

aa.) The language courses are conducted as online courses using standard market software for video conferencing. The customer shall receive an e-mail from the language teacher in good time, at least 24 hours before the lesson, with a link to the virtual seminar room. The customer can open this link in his browser.
bb.) The customer is responsible for ensuring that the online language course can be carried out properly within the specific hardware and software environment of the end device used by the customer. The following technical requirements must be met by the customer in order to participate in the online language course:
- Availability of an up-to-date end device (e.g. PC, tablet, smartphone)
- Sufficiently powerful internet connection
- Possibility of sound output and microphone

cc.) If a teaching unit cannot take place in whole or in part due to technical faults caused by the customer, or if the customer cannot participate in a teaching unit for these reasons, or cannot participate in it in full, the agreed fee must still be paid. In cases in which the cause of the disruption cannot be assigned, the teaching unit shall be extended by the time missed or, if this is not technically or organizationally possible, made up on an agreed date.

 

k.) Disclosure, recordings
aa.) In the case of an online language course, the customer is prohibited from passing on the access link for the video conference to third parties.
bb.) The customer is prohibited from making any kind of recordings (e.g. photos, video) during an online language course.

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3. The following conditions apply to service and telephone time:
These special conditions apply to service and telephone times:

 

a.) Scope of services 
We offer telephone (telephone time) and personal (service time) support and assistance for procedures, applications, discussions and appointments with authorities and service providers. We do not provide legal advice.If there are alternative legal courses of action, the customer may have to obtain advice from a lawyer.

 

b.) Conclusion of contract via our website
The presentation of telephone appointments in the online store constitutes a binding offer to conclude a contract for telephone support for this appointment. The customer accepts the offer for the telephone time for this appointment by clicking on the "Order with obligation to pay" button. Before sending the acceptance, the customer can change and view the data at any time. However, the declaration of acceptance can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the "Accept terms and conditions" button and has thereby included them in his declaration of acceptance.

 

We will then send the customer an order confirmation by e-mail, in which the contract text (consisting of the order, GTC, order confirmation and link to the invoice) will be sent to the customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection regulations.

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c.) Conclusion of contract outside our website for service time
Otherwise, i.e. outside the order options shown under 3.b.) via the website, service time can be booked. Unless otherwise agreed, service time is remunerated according to the time spent. The customer shall receive an offer in response to his request verbally or by e-mail, which he can accept verbally or by e-mail.

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d.) Prices
aa.) All prices quoted on the provider's website include the applicable statutory value added tax.

bb.) If we provide cost estimates, these are non-binding. The actual costs may differ from the cost estimate if we need less or more time to settle the matter than expected.
cc.) We charge a minimum of 15 minutes for telephone time. If the call takes longer, we will charge by the minute. In this case, the client will receive an invoice which must be paid within two weeks of receipt.
dd.) In the case of service time, unless otherwise agreed, the entire travel time shall be included in the charge if the destination is outside HVV fare zone A or outside the Berlin S-Bahn ring. 

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e.) Payment modalities
aa.) If the contract is concluded via our website, the customer can make payment by credit card, instant bank transfer with Klarna or via PayPal.
bb) Payment of the purchase price is due immediately upon conclusion of the contract.
cc.) If the contract is concluded outside of our website, the customer will receive an invoice which must be paid within two weeks of receipt.

 

f.) Cooperation of the customer
We only accept appointments for personal meetings with third parties (service time) when accompanied by the customer. In the case of telephone appointments (telephone time), the customer must ensure that he/she can be reached by us during an agreed meeting with third parties in order to clarify any queries.

 

g.) Cancellation of appointments
aa.) If the customer is unable to keep an appointment, he must inform us immediately. If the cancellation is made less than 24 hours before the agreed appointment, we shall be entitled to invoice the customer for the agreed remuneration in accordance with the agreed time required for the cancelled appointment (excluding expected travel time). If the customer has already made payments in this case, no refund will be made.
bb.) If the customer cancels an appointment that he has agreed with us less than 24 hours before the appointment, we shall be entitled to charge the customer the agreed remuneration in accordance with the agreed time expenditure for the cancelled appointment (without expected travel time). If the customer has already made payments in this case, no refund will be made.

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4. The following conditions apply to translations:
(a) After completing the contact form and sending his documents by e-mail, the customer shall receive a quote for the cost and turnaround time for a translation, which he may accept in writing, by e-mail or verbally.

b) The customer must check the translation immediately. If he does not make any complaints or requests for improvements within one week, the translation shall be deemed to have been accepted. The fee shall then become due accordingly.

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5. The following conditions apply to interpreting services:
These special conditions apply to interpreting services:

a.) Conclusion of contract The client receives an offer for interpreting services by e-mail, which he can accept in writing, by e-mail or verbally.

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b.) Cancellation of appointments
If the client is unable to keep an appointment, he/she must inform us immediately. If the cancellation is made less than 24 hours before the agreed appointment, we shall be entitled to charge the customer the agreed remuneration in accordance with the agreed time required for the cancelled appointment (excluding expected travel time).

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6. Liability
a) We are liable in all cases of contractual and non-contractual liability in case of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

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b) In other cases, Lost in Translation is only liable - unless otherwise regulated under c) - in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the user may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, the liability of Lost in Translation is excluded, subject to the provision in c).

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c) Lost in Translation's liability for damages resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

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d) The same applies to vicarious agents and representatives.

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7 Miscellaneous
a) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer is acting as a consumer and has his habitual residence in another country at the time of use, the application of mandatory legal provisions of this country shall remain unaffected by this choice of law. 

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b) If the customer is acting as a merchant, the exclusive place of jurisdiction shall be our registered office. The same applies if the customer is acting as an entrepreneur. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.

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c) If individual provisions of these GTC are invalid, the remainder of the contract shall nevertheless remain valid.

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8 Cancellation policy
Consumers have a statutory right of withdrawal when concluding a distance selling transaction, about which we inform you below in accordance with the statutory model.

 

Cancellation policy

Right of withdrawal
"You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Lost in Translation, Sabine Schrader, Meyerhofstr. 4, 22609 Hamburg, sabine.schrader@lostintranslation.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

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Consequences 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. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of withdrawal regarding this contract compared to the total scope of the services provided for in the contract.

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Sample withdrawal form
(If you wish to withdraw from the contract, please complete and return this form).

-To Lost in Translation, Sabine Schrader, Meyerhofstr. 4, 22609 Hamburg, sabine.schrader@lostintranslation.de

-I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (*)

-Ordered on (*)
-Name of the consumer(s)
-Address of the consumer(s)
-Signature of the consumer(s) (only for notification on paper)
-Date
(*) Delete as appropriate."

 

9. Dispute resolution
a.) The EU Commission has set up an internet platform for the online settlement of disputes ("ODR platform") between traders and consumers. The ODR platform can be accessed at https://ec.europa.eu/consumers/odr.

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b.) We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.