General Terms and Conditions of
Europa-Park GmbH & Co Mack KG,
for participating in the “TALENT ACADEMY” course programme
Tullastraße 3, 77977 Rust (Tel: +49 7822 860 5888):
§ 1 Registration
We undertake to provide participants with a place on the course(s) they have chosen if the registration form is completed in full and accepted by us in good time and if the fee has been paid.
§ 2 Course cancellation
We are entitled to cancel a course at short notice if the number of participants registered up to that point is too low. In this case, the participants will be refunded any payments made to date or an alternative date will be arranged.
§3 Postponement of individual course dates
The postponement of individual course dates due to unforeseen, external influences requires notification in written or verbal form. An alternative date must be offered. If no alternative date can be offered, the missed course date will be compensated with a credit note. However, if an alternative date is offered but the participants are unable to attend, there is no entitlement to refunds or credit notes.
§ 4 Payment modalities
By signing the registration form (for minors, the signature of the legal guardian is necessary), our claim for payment of the full fee is due. Even if participants do not attend the course through no fault of their own, the fee must be paid in full. No refund will be given, unless an exception applies in accordance with clauses 2, 3 or 5 of these GTC. There are no courses during the school holidays and on public holidays in Baden-Württemberg. If due to the holiday period (such as a holiday ending in the middle of the month), classes are only held for 2 weeks, then the fee will be waived on a pro-rata basis. From 3 courses per month, the regular amount will be debited. If there are not enough weekdays in the month to fulfil the complete number of courses, the regular fee will still be charged. If the training takes place 5 times in the following month, no extra fee will be charged. This offsets the previous month’s fee, because the full fee is charged from 3 courses.
§ 5 Exemption from the obligation to pay
In exceptional cases, particularly in the case of serious illness or due to an accident, a credit note of the fee for participation in a later course is possible. The participant must prove that the case is exceptional to us in writing and enclose a medical certificate. If the conditions for a credit note are met, the credit note will be issued pro rata for the outstanding lessons, calculated from the date of receipt (postmark) of the medical certificate.
Payments are only accepted by direct debit.
§ 6 Charges for chargeback
In the case of unpaid direct debits, the bank charges incurred as well as a processing fee of 5.00€ will be charged. This will be included in the relevant monthly instalment or must be paid on site.
§ 7 Default of payment
If the client is in arrears with payments and written reminders (email is sufficient) are sent by TALENT ACADEMY, we point out that € 5.00 will be charged for each individual reminder due to the associated personnel costs and the material and postage costs.
§ 8 Course payment
The fee for a booked course must be paid in full no later than the 10th day of the respective month. For the competition groups and the courses of Painting & Drawing, Cartoon Design an annual flat fee will be charged with the beginning of the new school year / registration. The amount is determined by the current price list. In the event of termination, no repayment will be made.
§ 9 Implementation of the courses
The design of the lessons, the choice of classrooms as well as the choice of teachers is always up to us.
§ 10 Accompanying persons
The lessons take place in self-contained courses. Strangers are not admitted. For members, the presence of parents or guardians is only permitted in exceptional cases (e.g. open courses for parents).
§ 11 Clothing
Special clothing is required for some dance classes in the teaching rooms. We will provide details in a suitable manner before the start of the course.
§ 12 Change of course
In consultation with us, a change to another course type in the areas of “Dance”, “Acrobatics”, “Music” or “Arts” is possible. In any case, the prerequisite is that free course places are available. A change of course types with different prices is only possible by observing the specified cancellation period in the originally selected course type and re-registering in the new course type.
§ 13 Supervision
Children up to twelve years of age are to be registered by parents or guardians upon arrival at the building and collected from the building. Our duty of supervision ends when the child is handed over and, for children over the age of twelve, at the latest when they leave the building.
§ 14 Intellectual property
Parts of the teaching programme, in particular choreographies presented and other course content, are our intellectual property. Any kind of transfer to non-course members or other third parties is not permitted. Violations will be prosecuted by us.
§ 15 Termination of the contract
Courses can be cancelled with a notice period of one full month to the end of the month, but at the earliest with effect from the end of the third month of membership. If, after an adjustment to the timetable, the course time no longer fits, a similar course will be offered. The notice period and the contract term remain unchanged.
§ 16 Extraordinary termination
In the event of permanent/serious illness or accidents or in cases provided for by law which make participation impossible, termination without notice at the end of the month is possible by presenting a medical certificate.
§ 17 Price changes
A change/adjustment of the applicable prices/fees can be made by us for operational reasons, but by a maximum of 8% per calendar year on the respective monthly fee.
§ 18 Right of use
Photography, video and film recordings or sound/television recordings on our premises are only permitted with our written consent.
We reserve the right to make video and/or sound recordings of the courses and participants ourselves and to publish them (also for advertising purposes). Where necessary, we obtain consent for this. There is no remuneration for this.
§ 19 Use
Smoking is not permitted in any of our premises. Mobile phones/smartphones are to be switched off during all courses in progress.
§ 20 Liability
In the event of slight negligence, we shall only be liable in the event of a breach of cardinal contractual obligations, including those of our vicarious agents, but limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract, in the event of personal injury and in accordance with the Product Liability Act. Otherwise, our pre-contractual, contractual and non-contractual liability is limited to intent and gross negligence.
§ 21 Modified contractual conditions
Any changes to the terms and conditions of the contract will be notified to our members by posting on our premises. They shall enter into force one month after announcement. Participants in our courses can object to changes to their disadvantage within a period of
six weeks. In the event of such an objection, termination is possible within one month of such an objection. If such termination does not take place, an objection shall be deemed to be withdrawn.
§ 22 Ancillary agreements
Ancillary agreements must be made in writing.
§ 23 Ineffectiveness of individual provisions
Should one or more of the aforementioned clauses be or become invalid, this shall not affect the validity of the remaining clauses. The parties undertake to replace the ineffective provision with one that is equal to or at least comes close to the economic intention of the parties.
Status: August 2023, subject to change.