General Terms and Conditions for Using Babbel Live Services (hereinafter “Babbel Live GTC”).
1.1. Lesson Nine GmbH (hereinafter “Babbel”), with registered office in Max-Beer-Str. 2, 10119 Berlin, operates an online learning system under the www.babbel.com Internet domain, which allows language skills to be easily and efficiently learned and expanded. The services and products offered by Babbel may be used via Internet-capable computer programs (web browsers) as well as via mobile applications (apps for Android and iOS).
1.2. In particular, Babbel offers the option of reserving individual or multiple one-to-one instruction units with language teachers via the Babbel Live Platform under live.babbel.com (hereinafter “Babbel Live Platform”) and using them in a live stream (hereinafter “Babbel Live Services”). The existing Babble Live GTC, shall apply to the use of the Babbel Live Services.
1.3. The General Terms & Conditions of Babbel shall apply analogously to the use of the Babbel Live Services, unless otherwise stipulated in the existing Babbel Live GTC.
2. Registration/Contract of Use/Public reproduction of data
2.1. Any consumer wishing to use the Babbel Live Services (hereinafter “User”) shall undertake to fill in the fields provided in the registration form completely and truthfully. The User consents to the public reproduction of his/her profile data, including the selected language of instruction as well as other voluntary information, including any profile picture. The e-mail address will not be published.
2.2 The contract between the User and Babbel for using the Babbel Platform (hereinafter “Contract of Use”) shall be concluded by the User completing the registration form, clicking on the “Send” button and accepting the Babbel Live GTC beforehand.
2.3 Babbel (or a contracting party of Babbel commissioned by Babbel) shall forward the User an automatic e-mail confirmation upon receipt of the registration. Such e-mail contains individual access data for the use of the Babbel Live Platform. Said e-mail shall also be used to assign a language teacher with whom the User may reserve the instruction units.
2.4. The Contract of Use is concluded for an indefinite period of time and may be terminated by either party at any time without notice.
3. Contract conclusion/Reservation of instruction units
3.1. The contract regarding the acquisition of Babbel Live Services shall entitle the User to use the instructions units acquired by said User. The individual instruction units of Babbel Live Services are of differing lengths and are calculated in minutes. The User may only use instruction units in the stipulated length (e.g. 30 min., 45 min. or 60 min.).
3.2. Should the user have used individually acquired instruction units, they shall be satisfied. The User may use instruction units until such time as his/her acquired contingent of instruction units has been exhausted. The acquired instruction units shall expire in any case by no later than the third year following the year of the respective acquisition.
3.3. Settlement type, price, as well as number and length of the instruction units are always cited within the scope of the offers and summarised completely prior to concluding the order. The contract regarding the acquisition of Babbel Live Services shall materialise by clicking on the “Pay now” button.
3.4. The instruction units shall provide the User with instruction by the language teacher assigned to him/her in the respective language. This may also include up to 5 minutes per instruction unit of administrative activities by the language teacher, which relate to the respective instruction unit (e.g. designation of homework, preparation of notes).
3.5. The User may reserve his/her previously acquired instruction units via the Babbel Live Platform by forwarding a reservation query to his/her assigned language teacher. The time periods to be selected shall depend on the availability of the language teacher assigned to the User. Babbel thus cannot guarantee the free availability of the language teacher at all times. The instruction unit shall be considered binding once the language teacher has confirmed the reservation query.
3.6. The User may cancel the instruction unit up to 24 hours before the start of the individual binding instruction unit via the Babbel Live Platform, without accruing any costs. In such case, the cancelled instruction unit shall be considered as unsatisfied and may be used at a later date. In the event of a cancellation less than 24 hours before the start of the individual binding instruction unit, the reserved instruction unit shall be considered as satisfied. Inasmuch, Babbel shall no longer be obligated to perform, whereby the payment made by the User in this respect need not be reimbursed. The same shall apply should the User fail to appear for longer than 15 minutes after the start of the respective instruction unit.
3.7. Babbel may cancel a binding instruction unit up to 24 hours before the start of the instruction unit. In such case, the cancelled instruction unit shall be considered unsatisfied and may be used at a later date. Should the language teacher individually assigned to the User be prevented from attending a binding instruction unit (e.g. due to illness), Babbel may use a language teacher other than the one assigned to the User at any time or, should no suitable replacement teacher be available, postpone the relevant instruction unit to a different time to be coordinated with the User.
4. Technical requirements
4.1. The instructions units ensue exclusively online via live stream on the Babbel Live Platform, the prerequisite of which, inter alia, is a webcam with loudspeakers and microphone. In exceptional cases and taking into account the User’s interests, Babbel may also decide that individual instruction units should ensue via other channels. The Babbel Live Services are provided exclusively via web browser.
4.2. The Internet services needed for the use of the Babbel Live Services and particularly of the Babbel Live Platform and the necessary equipment shall be solely incumbent upon the User with respect to the accrued costs, the availability and the security of the data connection.
5. User data/Declaration of consent to the relaying of user data
5.1. The User expressly consents to Babbel relaying user-related personal data, such as, e.g. name, e-mail address, learning status or profile picture to its contracting parties, should this be necessary to render the Babbel Live Services (e.g. to the technical service providers of the Babbel Live Platform or the individual language teachers).
5.2. In the event of a termination of the Contract of Use for the Babbel Live Platform, any data stored on the User in this respect will be irrevocably deleted.
In deviation to the General Terms and Conditions of Babbel, the “money-back guarantee” shall not apply to the Babbel Live Services.
7. Non-existence of the right of revocation
In deviation to the General Terms and Conditions of Babbel, the User of Babbel Live Services shall not be entitled to any right of revocation, as the rendering of a service in conjunction with recreational activities exists in this respect, for the rendering of which service a specific date or period of time is stipulated (c.f. Section 312 g Par. 2 No. 9 BGB [German Civil Code]).