Allgemeine Geschäftsbedingungen (AGB) und Widerrufsrecht für die Online Sprachprüfungen

Terms & Conditions

1) General

The following General Terms and Conditions govern the contractual relationship between customers (users of online language exams) and the examiners of say-again.aero, hereinafter referred to as "the examiners". All orders and agreements require written confirmation by the examiners, whereby the written form is also maintained by e-mail. Verbal agreements are only valid if a tester confirms them in writing within three working days. This also applies to contract amendments after conclusion of the contract.
Conditions of the client are expressly rejected. The acceptance of these terms and conditions without objection shall be deemed to be the Client's consent, even if the Client excludes the recognition of other terms and conditions in its terms and conditions.

2) Conclusion of service contracts for the conduct of language examinations and withdrawal

Contracting party of the client is:

Ockens, Grauel & Salmang GbR

Representative shareholder (partner): Patrick Ockens, Johannes Grauel & Philip Salmang

Raunerweg 9b
82211 Herrsching
support@say-again.aero

The contents on the website say-again.aero do not represent offers in the legal sense. It is merely an invitation to the customer to make a binding offer.

Technical steps leading to a binding contract

In a first step, an appointment for a language test via Calendly is made on the page "Dates and Times". In a second step a ticket is booked on the page "Tickets". By booking an appointment, the customer first reserves an appointment. The customer purchases the exam service in a second step by placing a corresponding exam ticket in the shopping cart and paying for it. As soon as the prospective customer clicks the appropriate buttons there, enters his personal data and completes the ordering process by paying in the store, he makes a binding offer to conclude a service contract for the examination ("invitatio ad offerendum"). By doing so, the customer also accepts these General Terms and Conditions. The service contract is only concluded when an examiner expressly accepts the offer by sending an appointment confirmation by email (partly automated) and the customer has then purchased and paid for the corresponding exam ticket. In case of non-payment of the service on the part of the customer, the claim for the service is cancelled. Likewise, the claim is forfeited if the customer does not submit the signed DSGVO declaration with a copy of ID card or passport as a scan to support@say-again.aero up to 120 minutes before the start of the examination or does not want to or cannot provide a positive online identification by means of ID document before the start of the examination. The DSGVO privacy declaration is available for download on the website. If the examination cannot be carried out for the reasons mentioned above and if there is no alternative possibility of carrying out the examination by mutual agreement (e.g. postponement to a later date), 50% of the examination fees paid will be refunded.

Vouchers

Ausgewählte Gutscheincodes sind an bestimmte Personengruppen oder an eine Firmenzugehörigkeit geknüpft. Der Besitz eines Gutscheincodes allein berechtigt nicht zur Rabattierung, wenn dieser Gutschein für den Besteller nicht vorgesehen ist. Die Berechtigung kann zum einen über die Registrierung mit einer Firmen-Emailadresse erforderlich sein, andererseits kommt die Authorisierung mittels Firmenausweis, Mitgliedsausweis etc. In Betracht. Say-again.aero behält sich vor, jederzeit die im Umlauf befindliche Gutscheincodes zu sperren oder zeitlich zu befristen. Ein Anspruch seitens des Kunden auf eine Rabattierung besteht zu keinem Zeitpunkt.

3) Content

The examiners do not assume any liability for the topicality, correctness, completeness or quality of the information provided. Liability claims against the examiners relating to material or non-material damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are excluded as a matter of principle, insofar as there is no demonstrable fault of an intentional or grossly negligent nature on the part of the examiners.

All offers are subject to change and non-binding. The examiners expressly reserve the right to change, supplement or delete parts of the examination or the entire offer without prior notice or to cease publication temporarily or permanently. They accept no liability in the event that this preparation website is unavailable for any reason at any time or for any period.

4) Copyright

The auditors endeavor to observe the copyrights of the images, graphics, sound documents, video sequences and texts used in all publications, to use images, graphics, sound documents, video sequences and texts created by themselves or to use license-free graphics, sound documents, video sequences and texts.

All brands and trademarks mentioned within the Internet offer and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by the rights of third parties!
The copyright for published objects created by the examiners themselves remains solely with the authors of the pages. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the author's agreement.

The client acknowledges the copyright of the examiners and their documents including contents (working materials etc.). No part of the documents may be reproduced, processed, duplicated or published, even in part, without the written consent of the examiners. The documents are for personal use only and may not be passed on to third parties. Use is permitted exclusively for the purposes specified in these terms and conditions.

5) Data Protection and Privacy

The auditors undertake to maintain strictest secrecy about all business, operational and private matters acquired in connection with the activity, even after termination of the cooperation, unless the client releases them from this secrecy obligation in writing.

If within the Internet offer the possibility for the input of personal or business data (email addresses, name, telephone numbers) exists, then giving up these data takes place on the part of the user on expressly voluntary basis. The testers undertake to keep the personal data and information provided for the purpose of the tester's work in safe custody and to protect it against inspection by third parties. The customer is aware of and consents to the fact that the personal data required for the processing of the order are stored by the auditors on data carriers. The client expressly agrees to the collection, processing and use of his personal data for the fulfillment of the consulting order. The data will not be passed on to third parties.

6) Preparation and execution of the audit

In the consultation and in the preparation the examiners will answer your inquiries with great care and conscientiousness. However, the preparation is an active self-responsible process on the part of the client, in which the examiners see themselves as process companions. Therefore, a certain exam success cannot be guaranteed. Therefore, no liability can be assumed for a possible failure of the client in the exam, including resulting damages due to loss of income and salary due to lack of a valid language exam at the required level. The examiners rate the examination according to standardized specifications of the ICAO Rating Scale (ICAO Manual Document 9835, Appendix A-8 "Expert, Extended and Operational Levels").

7) Appointments and failure of appointments

If an appointment for the provision of the service by an examiner cannot be met due to force majeure, illness, accident or other circumstances for which the examiner is not responsible, the examiner is entitled to make up the service on a date to be newly agreed. This shall be done to the exclusion of any liability for damages. If a new date cannot be agreed between the parties within a reasonable time, the client may withdraw without incurring any costs. Examination fees already paid will be refunded.

Appointments that are not attended without cancellation by the customer shall be deemed to have been provided. A cancellation of personal examination appointments free of charge is possible up to 24 hours before the appointment. By booking an examination appointment, the customer accepts this regulation.

8) Minimum age

Users must be at least 18 years old.

9) Technical conditions

The examiners are not liable for any technical problems with the offered site including the calendar due to technical problems of the provider. The provider is liable according to the legal regulations. The examiners also assume no liability for a possible failure of the consultation due to technical problems on the part of the user during e-mail, Internet or telephone transmission. In the event of a non-excludable failure of the consultation due to technical problems on the part of the examiners, the fee paid will be refunded. A claim for damages by the user can only be quantified to the amount of the fee already paid.

10) Prices and terms of payment

The auditors apply the small business regulation of § 19 UStG. Accordingly, sales tax is not shown. The prices are net prices. For entrepreneurs operating abroad, the tax burden can be reversed, in which case the prices are gross prices.

The current prices of the Internet pages at the time of the order are valid.
Payment is due without deduction upon receipt of the invoice. In cases where an auditor issues an invoice, the invoice amounts are payable immediately upon receipt of the invoice. In the case of non-payment of the purchase price, the customer is automatically in default two weeks after the due date.
In the event of late payment, the customer, as a consumer, is obliged to pay interest on arrears at a rate of 5% above the prime rate.

Payments are to be made free of charge for the recipient as a matter of principle. This also applies to payments from abroad and even if a transaction fee is incurred. The costs of the payment transaction shall always be borne by the initiator of the transaction.

11) Disclaimer

Contents and documents of the online examination as well as additional information are carefully selected and carried out according to the current state of knowledge. However, the auditors do not assume any liability for the accuracy, timeliness and completeness of the documents and information.

The subject of the contract is always the provision of the agreed service as follows:

Identification of the customer by means of an identity card or passport.
Execution of the verification by means of Zoom Meeting online
Initial assessment of the customer's performance
Preparation of documents, recordings of the audio channel
Forwarding to LTB 112 for final assessment of the client
Forwarding of the language certificate issued by LTB112 to the client

The subject of the service is not the achievement of a certain success in the examination or the guarantee of a certain language level. The success in the exam is solely in the hands of the customer. Opinions, information, advice and recommendations prepare the client's decision to take the exam. They can in no case replace it.The examiners are not liable for the failure of communication networks, for the functioning of data networks, servers or data lines to its data center and the constant availability of your Internet pages.
The testers are only liable for damage caused by them intentionally or through gross negligence.
Compensation for the violation of essential contractual obligations shall be limited to the foreseeable damage typical for the contract, with regard to the extent to the direct financial loss, with regard to the amount to the foreseeable damage.

12) Legal validity of this exclusion of liability

This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.

13) Right of withdrawal of the consumer

As a consumer you have the right to revoke the contract. Consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither your commercial nor your independent professional activity can be attributed (§ 13 BGB).

Cancellation policy

You may revoke your contractual declaration in writing (letter, email) within two weeks without giving reasons. The revocation period begins after receipt of this instruction, but not before conclusion of the contract and also not before fulfillment of the information obligations pursuant to § 312d paragraph 1 BGB in conjunction with. Article 246a EGBGB as well as our obligations pursuant to § 312i para. 1 BGB in conjunction with. Article 246c EGBGB. The timely dispatch of the revocation is sufficient to comply with the revocation period. The revocation is to be sent to:

Patrick Ockens
Raunerweg 9b
82211 Herrsching
support@say-again.aero

Consequences of revocation

In the event of an effective revocation, the services received by both parties must be returned. If you are unable to return the received services to the tester in whole or in part, or if you can only return them in a deteriorated condition, you may be required to pay compensation for the loss in value. This may mean that you must nevertheless fulfill the contractual payment obligations for the period until revocation. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation, for your contractual partner with its receipt.

Special notes

Your right of revocation expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of revocation.

14) References and links

In the case of direct or indirect references to external websites ("hyperlinks"), which lie outside the area of responsibility of the auditors, a liability obligation would only come into force if the auditors were aware of the content and it would be technically possible and reasonable for them to prevent use in the case of illegal content.

The examiners hereby expressly declare that at the time the links were created, no illegal content was identifiable on the linked pages. The examiners have no influence on the current and future design, content or authorship of the linked pages. Therefore, they hereby expressly dissociate themselves from all contents of all linked/connected pages that were changed after the link was set. This statement applies to all links and references set within the own Internet offer as well as to external entries in guest books, discussion forums, link directories, mailing lists and all other forms of databases set up by the examiners, to whose content external write access is possible. For illegal, incorrect or incomplete contents and especially for damages resulting from the use or non-use of such information, only the provider of the page to which reference was made is liable, not the one who merely refers to the respective publication via links.

15) Contacting

To contact us regarding data protection, the customer can contact the person indicated in the imprint or use the contact form.

Status as of October 12th, 2021