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General Terms and Conditions |
praktikabel.org - Jan Holzhauer, Benjamin Itter GbR [company constituted under civil law] Berlin
§ 1 Area of agreement
(1) The subsequent general terms and conditions are applied to all contracts, written or oral agreements which are contracted between praktikabel.org / Benjamin Itter and Jan Holzhauer GbR, Seumestraße 10, 10245 Berlin, Germany (the following referred to as praktikabel.org) and participants (the following referred to as participant) and which involve the facilitation of travel services as well as the facilitation of internships inland and abroad.
§ 2 Application
(1) The application of a participant is compulsory for the arrangement of a facilitation contract according to the selected services through praktikabel.org.
(2) The application is carried out through the consignment of the completely filled and signed application form to praktikabel.org, Seumestraße 10, 10245 Berlin, Germany and the confirmation of the employer for the job or internship (via post, fax or e-mail).
(3) The participant is obliged to declare all his/her relevant particularities, qualifications, experiences, skills, economic situation and personal circumstances which are related to the application directly or which can affect the application truthfully before or with his/her application, so that praktikabel.org can take them into account for the beginning (e.g. particularities in the study or examination rules, child care, diseases or disabilities, rejected visa, citizenship, main residence, type and duration of studies).
(4) praktikabel.org reserves the right to deny participants of participation in programs or internships in the doubt of lack of abilities to succesfully complete the programs or internships.
§ 3 Services
Foundation and object of agreement are the following servcices:
(1) Facilitation of a job or an internship or intensive program according to the information given in the application form and the respective confirmation of the employer.
(2) Advisory interview about job- and internship possibilities in the countries where praktikabel.org offers job, internship and intensive programs.
(3) Advice and assistance with formalities of entry clearances and work permits at destination.
(4) Assistance with the clarification of work contracts.
(5) Facilitation of internship-like intensive courses.
(6) Clarification help with foreign travel insurances.
(7) Assistance with the choice of a flight.
(8) Assistance in finding accommodation.
(9) Information about the best and easiest way to reach the location of the internship.
(10) Special requests and varying services, which go beyond the described services, or which change them, are only compulsory if they are explicitly agreed by praktikabel.org.
praktikabel.org does not act as a tour operator. The booking of the journey has to be carried out by the interested party. Associated rights and obligations related to the journey (e.g. travel cancellation insurance) towards the tour operator as well as visa fees, accommodation costs, living costs, insurances and the transport at the job, internship or intensive program location are not included in the services. praktikabel.org does not act as a sales agent for insurances and does not undertake any counselling functions. The effect of a foreign travel insurance has to be carried out by the participant with the respective company directly.
§ 4 Payment
(1) With the compulsory application, 20% of the respective facilitation fee is due for payment. The rest payment is due at the latest 29 days before beginning of the job, internship or intensive program. The contact addresses and further information will be handed out only after the absolute payment of the facilitation fee.
(2) If any total or partial delay in payment of the facilitation fee occurs, praktikabel.org after request for payment and setting a deadline has the right to withdraw the contract and to demand compensation.
§ 5 Prices
(1) The prices for the respective programs can be found in the price list. The applicable pricelist is the one which had been published at the time of the valid application of the participant at www.praktikabel.org or the price list which is handed over with the application validation.
§ 6 Warranty and Liability
(1) praktikabel.org is not liable for unintended changes of the job or internship data. All trips and travels during the stay are taken by the participants at their own risk. Therefore it is recommended that the participants are adequately medically insured-, including third party and accidents - during the time of their stay. The insurance must cover job or internship situations. Praktikabel.org and its employees are exempted from any liability. For material or physical damages that might occur through traffic or criminality praktikabel.org does not assume any liability. The participant travels on his/her own risk.
The participant exempts praktikabel.org from any potential claims for compensation through a third party for damages that he/she causes during his/her stay abroad.
§ 7 Withdrawal of Contract
(1) The participant is at any time rightfully entitled to withdraw from the contract. For the effective withdrawal of the job, internship or intensive program praktikabel.org must receive the signed the withdrawal declaration. The withdrawal has do be declared in written form.
(2) If the participant withdraws from the facilitation contract or if the participant does not start his/her internship as per agreed, praktikabel.org can demand compensation for the expenditure summed already.
(3) The amount of the compensation follows the facilitation fee minus the normally
omitted expenditures as well as what can be attained through general other use of the facilitation services conducted by praktikabel.org.
(4) praktikabel.org has the right to account for the amount of compensation according to its choice definite or general. praktikabel.org can demand for a general compensation as follows:
- up to and incl. the 90th day before the start of the course, job or internship 10% of the total amount,
- up to and incl. the 60th day before the start of the course, job or internship 25% of the total amount
- up to and incl. the 30th day before the start of the course, job or internship 50% of the total amount
- up to and incl. the 15th day before the start of the course, job or internship 75% of the total amount
- up to and incl. the 3rd day before the start of the course, job or internship or no-show 100% of the total amount
§ 8 Avoidance of contract and withdrawal by praktikabel.org
(1) praktikabel.org has the right to withdraw the contract up to the 30th day before the start of the course, job or internship if the minimum number of participants mentioned in the program description is not met. If no minimum number is mentioned then the minimum number of participants for an intensive course is 3 people. For an internship there is no minimum number given. Already paid fees will be returned to the participants immediately.
§ 9 Right of withdrawal
(1) Participants have the right to withdraw their declarations of intent regarding the contract within two weeks. The withdrawal does not have to include a justification and has to be declared to praktikabel.org in a written form (eg. letter, e-mail, fax). For meeting the deadline it is sufficient to send the withdrawal on time. The deadline begins earliest after receiving this introduction about the right of withdrawal. The withdrawal has to be sent to praktikabel.org, Seumestraße 10, 10245 Berlin, Germany.
(2) In the case of effective withdrawal the mutually received services and materials have to be given back to their original holder. If the participant is not able to hand over the received material or if he/she can only hand over the material in a bad state, praktikabel.org has the right to ask for compensation.
Important notice: The right of withdrawal expires ultimately if praktikabel.org has already and with the definite agreement of the participant begun with the execution of the services (e.g. the facilitation of an internship) before the end of the withdrawal deadline.
§ 10 Further conditions of participation
Condition for the participation is a minimum age of 18 years. The participant is fully responsible on his/her own fulfilment of the entry requirements of the particular country. If any obscurities occur the participant is obliged to inform praktikabel.org in time and in a written form before the start of the journey. The participant agrees, that his/her personal data will be saved and stored for the internal use. The data will be kept confidential and only be handed over to the interested employers.
§ 11 Invalidity of particular terms and place of jurisdiction
The invalidity of particular terms of the facilitation contract does not result in the invalidity of the whole contract.
Place of jurisdiction is the place of business of praktikabel.org. For charges of praktikabel.org against the participant, the residence of the participant is decisive, unless the charge is against fully-qualified traders or persons, who changed their residence to a foreign country after signing the contract or whose residence is unknown at the time of the commencement of proceedings. In those cases the place of business of praktikabel.org is decisive.
Updated: 01/07/2008
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