This is an English translation for convenience. The German version is legally binding.
The following terms and conditions of ELOQUIA GmbH – hereinafter ELOQUIA – apply as the basis for the conclusion of contracts for all services/products offered on the websites www.eloquia.com and www.mbahelp.de, in particular language teaching, exam preparation courses and seminars.
The websites of ELOQUIA are aimed at companies as well as private and commercial users (hereinafter referred to as users). Our terms and conditions apply as the basis for both parties. The individual provisions of our terms and conditions each apply, according to their content, to consumers and businesses within the meaning of §310 BGB. Provisions that are expressly designated as applying to entrepreneurs do not apply to consumers. Consumers within the meaning of these terms and conditions are natural persons with whom ELOQUIA enters into a business relationship without a commercial or other self-employed professional activity being attributable to these persons in the conduct of the business relationship.
The users’ terms and conditions only apply if ELOQUIA has expressly agreed to their applicability in writing. It is pointed out that certain services/products may be subject to their own separate terms and conditions or registration conditions. Reference is made to these separately where appropriate in connection with the respective service/product.
The registration/order for the respective service/product is made by the contracting party by clicking the “Jetzt buchen” button and confirming this booking. By doing so, the user submits a legally binding offer to order the requested service/product to ELOQUIA. ELOQUIA accepts this offer by sending a confirmation email. The contract between ELOQUIA and the user comes into effect when this confirmation email reaches the user.
Scheduling commitments on the part of ELOQUIA are subject to the availability of appropriate teaching staff. ELOQUIA endeavours always to provide a replacement teacher in the event that a teacher is unavailable. There is no entitlement to being taught by a particular teacher. For lesson units (UE) or programmes that have been cancelled, ELOQUIA offers replacement lesson units or replacement programmes. If this is not possible in an individual case, ELOQUIA undertakes, in addition to notifying the user without delay, to refund any paid but not delivered UE after completion of the respective programme. A change of teacher may be part of the ELOQUIA method and entitles the customer neither to terminate nor to withdraw from the contract. ELOQUIA is not liable for the failure to achieve a particular learning and teaching outcome. The specifications made by ELOQUIA regarding the number of UE required to achieve a teaching objective are based on many years of experience and may, in individual cases, deviate from actual requirements.
The user can withdraw their contractual declaration within two weeks without giving reasons in text form (e.g. letter, fax, email). The period generally begins upon conclusion of the contract. Sending the withdrawal before the expiry of the period is sufficient to comply with the withdrawal period. Where the user has begun the course / the first UE has elapsed, the right of withdrawal does not apply.
The withdrawal is to be addressed to: ELOQUIA, Kaiserstr. 10, 60311 Frankfurt, Fax: 069-233920, info@eloquia.com or info@mbahelp.de. Notwithstanding the right of withdrawal, services already used are to be paid for by the customer.
The prices applicable at the time of ordering apply to the respective services/products. The prices shown on www.eloquia.com or www.mbahelp.de are net prices. ELOQUIA is exempt from statutory VAT for teaching services. The price information for teaching and materials is subject to the customer being placed in an appropriate course. Should the placement deviate from actual requirements, changes in prices may result.
The respectively applicable prices result from the respective service/product description on www.eloquia.com or in accordance with the current price list. The user undertakes to pay this price. Payment is due upon registration/order of the service/product.
6.1 Teaching conditions
A lesson unit (UE) comprises 45 minutes. The customer agrees that a pedagogical employee may attend certain UE for the purpose of quality control of the teacher deployed.
6.2 Payment terms
The customer is obliged to pay the teaching fees at the latest before the start of the first UE; in the case of an instalment agreement, the first instalment is due for payment at this point. From the day of booking, the further instalment payments are made automatically every 4 weeks. All teaching materials are in principle due for payment immediately upon receipt. You will receive an invoice from ELOQUIA, which is due immediately. Incoming payments are always offset against the oldest claim, unless otherwise specified at the time of payment.
6.3 One-to-one lessons
The individual lesson plan is determined between the customer and the management of ELOQUIA / MBAhelp, not between the customer and the teachers. The customer is obliged to notify ELOQUIA of any inability to attend a lesson at the latest 24 hours before the scheduled lesson appointment. If the customer is unable to attend a lesson on a Monday, this notification must be made by 2.00 p.m. on the preceding Friday at the latest. If the appointment is not cancelled by the customer or is cancelled after the expiry of this period, the scheduled UE are charged. UE that have not been used but have already been paid for can be transferred by the customer to third parties after written notification to ELOQUIA. The contract can be terminated at any time without observing any notice periods. Upon termination, the customer can request a refund of course fees for UE that have not been used but have already been paid for.
6.4 Intensive one-to-one courses (Crash Course)
Intensive courses are understood to mean all courses that take place daily and are planned as a block measure. The lesson plan comprises at least 10 UE per week, which must be scheduled in advance. All UE and the materials must be paid for in full before the start of the first UE. The customer can terminate the contract with a period of 5 working days before the start of the first UE; later termination is excluded. A refund of course fees for UE that have not been used but have already been paid for is excluded in the event of failure to terminate in good time.
6.5 Group lessons
The start dates result from the information on www.eloquia.com or www.mbahelp.de. ELOQUIA is entitled, for pedagogical reasons, to transfer the customer to another group if this transfer appears conducive to optimising the learning progress of the group or of the individual customer. Termination up to 4 weeks before the start of lessons is possible free of charge. In the case of later termination before the start of the first UE, cancellation fees of 20% apply to the teaching fees for group courses and 50% for crash courses (at least 20 UE/week). In the case of termination of crash courses after the point 5 days before the start of lessons, 100% of the teaching fees are charged.
For courses that have already begun, the following applies: if the customer is unable to attend a lesson (e.g. due to illness, holiday, professional commitments, etc.), the teaching fee must nevertheless be paid. The contract can be terminated with a notice period of 4 weeks to the end of the month, at the earliest 3 months after the start of lessons. Termination without notice by either contracting party is only possible for good cause. If the customer fails to meet their payment obligation and is accordingly in default, ELOQUIA is likewise entitled to terminate without notice. Every termination requires the written form. If the customer continues to take part in lesson units after the expiry of the agreed teaching period, this is deemed an extension of the contract on the respectively currently valid contractual terms.
6.6 Minimum number of participants in the group
Every group has a minimum number of participants. If this is not reached, the number of UE required is reduced while the payment terms remain the same (flexible UE adjustment). The number of UE relates to the number of registered participants. ELOQUIA is entitled to dissolve a group or reduce the number of hours of a group lesson if the minimum number of participants is not reached and, in the event of the dissolution of a group lesson, is obliged to refund the course fees for the UE not delivered.
6.7 Refund claims
UE that have not been used but have already been paid for generally expire 12 months after the last UE is used. Separate written agreements between the customer and ELOQUIA are possible. A refund of the fees for UE that have not been used but have already been paid for after the expiry of the statutory limitation period of 3 years is excluded. A refund of the costs for paid and handed-over teaching materials as well as the enrolment fee is likewise excluded.
ELOQUIA accepts no liability for health-related or other damage to participants or third parties, unless this is attributable to the fault of the supervisory staff deployed by ELOQUIA. Liability for slight negligence is excluded. Furthermore, ELOQUIA is not liable for the loss, theft or damage of items brought into the premises of ELOQUIA GmbH.
Each participant must arrange their own accommodation and catering.
The working documents handed over by ELOQUIA are protected by copyright and may not be reproduced or used commercially, even in part – without the consent of ELOQUIA and the respective speakers. ELOQUIA reserves the right to discontinue, in whole or in part, the services and offerings made available on the websites www.eloquia.com or www.mbahelp.de at any time without giving reasons. The user expressly acknowledges this right. In this case ELOQUIA does not owe any compensation or lost profit.
The users’ data is used for internal further processing and ELOQUIA’s own advertising purposes in compliance with the statutory conditions. If users do not wish to receive ELOQUIA information material, we ask for a message to ELOQUIA GmbH, Tel. 069-230020, Fax: 069-233920, E-Mail: info@eloquia.com. The data is then deleted. Reference is also made to the privacy policy.
ELOQUIA is not liable for the availability and accessibility of www.eloquia.com or www.mbahelp.de. ELOQUIA is not liable for the failure to achieve a particular learning and seminar outcome. Furthermore, ELOQUIA is not liable for the cancellation of individual seminar modules due to force majeure. ELOQUIA’s liability on the basis of mandatory statutory provisions remains unaffected.
The exclusive place of jurisdiction for all disputes arising from contracts concluded with ELOQUIA is Frankfurt/Main, where the participant is a merchant or a legal entity under public law. Otherwise, the statutory places of jurisdiction apply.
The law of the Federal Republic of Germany applies exclusively. Amendments and additions to the contract require the written form. Should one of the foregoing provisions be invalid, ELOQUIA is entitled to replace it with a valid provision of similar purpose. If this is not possible, the statutory provisions apply.
ELOQUIA GmbH, Kaiserstr. 10, 60311 Frankfurt am Main
1.1. Language exams are carried out exclusively on the basis of these terms and conditions. They apply, even if not expressly agreed again, to all future business relationships. Deviations from these terms and conditions are only effective if ELOQUIA GmbH confirms them in writing. Counter-confirmations by the client with reference to its own terms and conditions are hereby expressly contradicted.
1.2. Amendments, additions, collateral agreements, reservations or the cancellation of the contract, in part or in whole, require written confirmation by ELOQUIA GmbH to be effective. Assurances of any kind are binding if they are confirmed in writing by ELOQUIA GmbH.
A contract is concluded when the client accepts an offer made by ELOQUIA GmbH in writing or clicks the “Jetzt buchen” button on www.eloquia.com and receives an exam confirmation from ELOQUIA.
The prices applicable at the time of ordering apply to the respective language exams. The prices shown on www.eloquia.com or www.mbahelp.de are net prices. ELOQUIA is exempt from statutory VAT for teaching services.
The user can withdraw their contractual declaration within two weeks without giving reasons in text form (e.g. letter, fax, email). The period generally begins upon conclusion of the contract. Sending the withdrawal before the expiry of the period is sufficient to comply with the withdrawal period. Where the user has sat the exam or the exam documents have been ordered, the right of withdrawal does not apply.
The withdrawal is to be addressed to: ELOQUIA, Kaiserstr. 10, 60311 Frankfurt, Fax: 069-233920, info@eloquia.com or info@mbahelp.de. Notwithstanding the right of withdrawal, services already used are to be paid for by the customer.
ELOQUIA GmbH may involve third parties to carry out the order. These are selected according to strict criteria and are subject to the same confidentiality and data protection obligations as ELOQUIA GmbH.
The place of performance is the registered office of ELOQUIA GmbH in Frankfurt am Main.
The invoices for language exams are due immediately after registration has taken place and the exam confirmation has been received.
ELOQUIA is not liable for the availability and accessibility of www.eloquia.com or www.mbahelp.de. ELOQUIA is not liable for the failure to achieve an exam result. ELOQUIA is not liable should the evaluation period of an exam be longer than planned or longer than ELOQUIA GmbH has communicated. Furthermore, ELOQUIA is not liable for the cancellation of individual exams due to force majeure. ELOQUIA’s liability on the basis of mandatory statutory provisions remains unaffected.
9.1. The legal relationship between ELOQUIA GmbH and the client is governed by the substantive law of the Federal Republic of Germany.
9.2. The place of jurisdiction, insofar as the contracting parties are merchants, legal entities under public law or special funds under public law, for all disputes arising directly or indirectly from the contractual relationship, including proceedings concerning bills of exchange and cheques, is Frankfurt am Main.
9.3. Amendments and additions to these terms and conditions are only valid if they have been agreed in writing. This also applies to any amendment of the written-form requirement itself.
Should a provision in these terms and conditions or a provision within the framework of other agreements be or become invalid, the validity of the other provisions and agreements is not affected thereby. Invalid provisions are to be replaced by valid agreements that come closest to the economic result of the invalid provisions.
1.1. Translations are carried out exclusively on the basis of these terms and conditions. They apply, even if not expressly agreed again, to all future business relationships. Deviations from these terms and conditions are only effective if ELOQUIA GmbH confirms them in writing. Counter-confirmations by the client with reference to its own terms and conditions are hereby expressly contradicted.
1.2. Amendments, additions, collateral agreements, reservations or the cancellation of the contract, in part or in whole, require written confirmation by ELOQUIA GmbH to be effective. Assurances of any kind are binding if they are confirmed in writing by ELOQUIA GmbH.
2.1. Offers by ELOQUIA GmbH are subject to change and non-binding until the contract is concluded.
2.2. A contract is concluded when the client accepts an offer made by ELOQUIA GmbH in writing.
3.1 If ELOQUIA GmbH and the client do not reach an agreement on a different price, the prices contained in the respectively valid “Übersetzungen” (Translations) price list of ELOQUIA GmbH are deemed agreed. Insofar as the prices depend on classification into particular difficulty levels, ELOQUIA GmbH has the right to determine the classification; it must make the determination at its reasonable discretion.
3.2 The remuneration for oral translations (interpreting activities) is billed by the hour or by daily rates of 7 hours; a started hour is counted as a full hour.
3.3 Written translations are billed per line of text, a line comprising 55 keystrokes; started lines are combined into full lines. The calculation is based on the text of the target language insofar as it consists of Latin characters; otherwise the source language is decisive.
3.4 If a translation is to be carried out on the same day, overnight or over a weekend, ELOQUIA GmbH is entitled to add a surcharge of 25 % to 100 % to its remuneration claim under 3.1. to 3.3., depending on the volume and difficulty of the text and the organisational effort.
3.5 Costs in connection with the translation incurred by ELOQUIA GmbH are borne by the client. These include in particular postage, courier deliveries and travel costs. Where journeys are made for the performance of an interpreting activity, the times of the outward and return journeys are also to be remunerated. The travel time is charged for each started hour at the respectively agreed hourly rate. In addition, there are the actual travel costs, which are billed according to distance in accordance with the tax rates.
3.6 Certifications of written translations are charged separately.
3.7 A minimum fee is set in the respectively valid price list for translations. Costs under sections 3.4. and 3.6 are not included in this minimum fee.
3.8 ELOQUIA GmbH is entitled to the respectively applicable statutory value added tax on all prices (remuneration and costs).
4.1. ELOQUIA GmbH undertakes to treat all information made accessible to the company in connection with interpreting and translation orders for the client as strictly confidential under all circumstances and to keep it secret from third parties. Exempt from the confidentiality obligation is only that information which was demonstrably known to ELOQUIA GmbH or the translator before disclosure by the client and its customers, or which was made accessible to ELOQUIA GmbH/the translator by a third party without infringing the rights of the client.
4.2. The data transmitted by the customer is stored locally for the purpose of processing and archiving. The data can be deleted after completion at the customer’s request. The data is only passed on insofar as this is directly necessary for processing the order. In this case, unless an agreement has been reached between ELOQUIA GmbH and the client regarding the use of encryption techniques, the transmission takes place by means of encrypted email.
ELOQUIA GmbH may involve third parties to carry out the order. These are selected according to strict criteria and are subject to the same confidentiality and data protection obligations as ELOQUIA GmbH.
6.1. The client must inform ELOQUIA GmbH in good time of special forms of execution of the translation (translation on data carriers, number of copies, print readiness, external form of the translation, etc.). If the translation is intended for printing, the client provides ELOQUIA GmbH with a proof in good time before printing, so that the translator can eliminate any errors. Names and figures are to be checked by the client. If the client intends to publish the translation, ELOQUIA GmbH is to be informed of this. ELOQUIA GmbH strongly advises a correction of the proofs or website before publication by an independent proofreader. Additional costs are incurred for this on a time-and-effort basis.
6.2 Information and documents necessary for the production of the translation are to be provided by the client to ELOQUIA GmbH unrequested and in good time (illustrations, drawings, tables, abbreviations, etc.).
6.3 Errors and delays arising from non-compliance with these obligations are not to the detriment of ELOQUIA GmbH.
7.1. The dates and deadlines stated by ELOQUIA GmbH are, unless expressly agreed otherwise in writing, to be regarded as an approximate performance time. ELOQUIA GmbH is entitled to partial performances at any time to a reasonable extent. Deadlines that may be agreed as binding or non-binding are to be stated in writing.
7.2 In the case of force majeure and other unforeseeable, exceptional circumstances for which ELOQUIA GmbH is not at fault – e.g. operational disruptions, strike and/or lockout at ELOQUIA GmbH or third parties (on whose cooperation ELOQUIA GmbH depends), official interventions, energy supply difficulties, irregularities in postal dispatch within internal postal distribution, etc. – the performance period is extended to a reasonable extent if ELOQUIA GmbH is thereby prevented from fulfilling its obligations in good time. If, due to the aforementioned circumstances, performance becomes impossible or unreasonable, ELOQUIA GmbH is released from the obligation to perform. Where the delay lasts longer than 2 months, the client is entitled to withdraw from the contract.
8.1. If the client terminates the translation order before the agreed delivery date, ELOQUIA GmbH is entitled to demand the agreed remuneration. However, it must deduct what it saves in expenses as a result of the cancellation of the contract.
8.2. If the client terminates an interpreting order prematurely, ELOQUIA GmbH is entitled, depending on the organisational effort and the time difference between termination and the agreed time of performance, to demand 50 % to 100 % of the originally agreed remuneration. In addition, demonstrably incurred costs are to be reimbursed. If ELOQUIA GmbH accepts another interpreting order during the cancellation period, the cancellation fee is reduced accordingly.
9.1. The place of performance is the registered office of ELOQUIA GmbH in Frankfurt am Main.
9.2. The risk of loss of the written translation passes to the client: in the case of dispatch, as soon as ELOQUIA GmbH hands over the written translation or the translation stored on a data carrier to a person or institution designated for dispatch; if the client wishes to collect the translation, upon provision. These provisions also apply to dispatch within Frankfurt.
10.1 The client undertakes to transmit, at the latest by the time of delivery of the translation or by the last day of the interpreting assignment, all information necessary for invoicing, such as the exact invoice address, cost centre and order number.
10.2 Invoices are payable immediately, free of postage and expenses, without deduction. Payments can only be made with discharging effect to ELOQUIA GmbH or to a bank or postal giro account specified by it.
10.3 If the client fails to pay despite the amount being due, ELOQUIA GmbH is entitled to charge interest of 5 % p.a. from the relevant point in time. If the client is in default as a result of a reminder, ELOQUIA GmbH can charge interest of at least 5 percentage points above the base interest rate from the point of default. The default interest is to be set higher or lower if ELOQUIA GmbH proves a charge at a higher interest rate or the client proves a lower charge.
10.4 The client is only entitled to set-off, retention or reduction if ELOQUIA GmbH has expressly agreed in writing or has recognised the claim, or if the counterclaims have been established with final and binding legal effect.
10.5 ELOQUIA GmbH is entitled (in particular in the case of extensive translations) to demand an advance payment. In the event of non-payment or non-timely payment within the set period, ELOQUIA GmbH is entitled to withdraw from the contract and can demand compensation.
11.1 If defects occur in written translations, ELOQUIA GmbH must be given the opportunity to rectify them within a reasonable period. The claim to subsequent performance must be asserted by the client, stating the defect precisely. In the event of unsuccessful rectification, the client can withdraw from the contract or reduce the remuneration to the extent that the defect in question affects the translation as a whole. The right to reduction is excluded if, without the express consent of ELOQUIA GmbH, changes have been made to the written translations complained of.
11.2 If the client does not report any defects within 14 days of receipt of the translation, it is deemed accepted.
12.1 ELOQUIA GmbH and its agents and vicarious agents are only liable in the case of gross negligence and intent. Damage caused by computer failures and transmission disruptions during email dispatch or by viruses is not to be classified as gross negligence. The translator takes precautions against this by means of anti-virus software.
12.2 ELOQUIA GmbH is only liable up to the current value, at most up to 10 times the price, for damage caused by it intentionally or through gross negligence.
12.3 The exclusion or limitation of liability does not apply to damage to a consumer resulting from injury to life, body or health.
12.4 The statutory limitation periods apply.
13.1 The client bears responsibility for ensuring that the texts to be translated are not objectionable under trademark, name or competition law or for other reasons.
13.2 The obtaining of copyright permissions is incumbent on the client. In addition, the client undertakes to indemnify ELOQUIA GmbH against related claims of third parties.
13.3 Copyright, usage and ownership rights to the works/translations submitted by ELOQUIA GmbH in the course of fulfilling the order remain with ELOQUIA GmbH until final payment. Until then, the client has no right of use.
13.4 Translation source documents, including those produced on behalf of the customer, remain in any case the property of ELOQUIA GmbH. ELOQUIA GmbH undertakes to keep these documents for 2 years.
14.1 The legal relationship between ELOQUIA GmbH and the client is governed by the substantive law of the Federal Republic of Germany.
14.2 The place of jurisdiction, insofar as the contracting parties are merchants, legal entities under public law or special funds under public law, for all disputes arising directly or indirectly from the contractual relationship, including proceedings concerning bills of exchange and cheques, is Frankfurt am Main.
14.3 Amendments and additions to these terms and conditions are only valid if they have been agreed in writing. This also applies to any amendment of the written-form requirement itself.
Should a provision in these terms and conditions or a provision within the framework of other agreements be or become invalid, the validity of the other provisions and agreements is not affected thereby. Invalid provisions are to be replaced by valid agreements that come closest to the economic result of the invalid provisions.
These general terms and conditions are valid from 31.10.2022.