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GTC

General Terms and Conditions of the Academy of Music gGmbH

Status: 03.04.2025
These General Terms and Conditions apply to all new contractual relationships from 7 December 2022. For existing contracts concluded before 07.12.2022, they apply after termination of the existing contract.

General information

The AOM Academy of Music gGmbH, hereinafter referred to as AOM, is an educational centre for music that aims to develop and promote the musical abilities of people of all ages who are interested in music. The early recognition and promotion of talent as well as pre-professional specialised training are its special tasks. The aim of the musical-pedagogical work is to impart a comprehensive understanding of music to interested parties of all ages in addition to instrumental and vocal training.

Scope of application

These teaching regulations apply to the contractual relationship between AOM and the student/participant or his/her legal representative (hereinafter: student). The wording applies to all genders.

Written form

  1. The contractual relationship shall be governed exclusively by the provisions of this contract. Amendments to the contract must always be made in writing. This also applies to any amendment to this written form clause. Express and individually negotiated agreements between AOM and the student are not covered by this. Otherwise, the severability clause shall apply.
  2. Should any provision of these GTC be or become invalid, void or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions.
  3. In cases of paragraph 1, the contracting parties are obliged to replace the invalid, void or unenforceable contractual provision with a valid or enforceable provision that comes as close as possible to the legal and economic purpose.

Office and teaching location

  1. The AOM office is located at Arndtstraße 1, 04275 Leipzig.
  2. Lessons take place in the rooms provided by AOM in Arndtstraße, Goetzstraße or one of the partner schools (hereinafter referred to as the "place of instruction") or, by written agreement, at the teacher's home.
  3. Lessons can take place online if the student and teacher agree.


Teaching contract

Conclusion of contract

  1. By making a booking, the student submits a binding offer to conclude a contract with AOM.
  2. This offer can be accepted by AOM when an order confirmation is sent to the student by e-mail. Only then is a contract concluded.
  3. The order confirmation is equivalent to the acceptance and placement of the student in AOM's teaching programme. The same applies to the submission of offer documents at AOM's offices or the sending of an offer by post.
  4. AOM would like to point out that the student's admission to the AOM teaching programme is dependent on the availability of places.
  5. A change of teacher at the student's request is possible depending on availability. There is no entitlement to lessons with a particular teacher.

Lesson date

AOM reserves the right to postpone a contractual lesson date if this is necessary and required. In doing so, AOM will take the interests of the student into consideration and weigh the interests of the student against the postponement of the lesson date within the scope of reasonable discretion.

Lesson cancellation

The teacher may refuse to provide the service if he/she has to provide the service personally and cannot reasonably be expected to do so after weighing up the obstacle to his/her performance against the creditor's interest in performance.

Supervision and liability

  1. Supervision is only provided during lessons. It begins and ends in the classroom.
  2. AOM is only liable for personal injury, property damage and financial losses of any kind that occur during participation in events organised by the music school within the scope of the existing liability insurance for music students.
  3. No liability will be accepted for any kind of clothing brought along.

School year, holidays and public holidays

  1. The AOM school year corresponds to that of the federal state of Saxony. Depending on the respective calendar year, the school year comprises 38 to 41 weeks.
  2. The AOM guarantees at least 36 teaching units per year.
  3. For courses, AOM guarantees an average of 3 teaching units per month for the duration of the contract.
  4. There are no lessons on public holidays and during official school holidays (12 to 14 weeks). This circumstance is already included in the monthly fees, which is why the monthly payment of the instalments of the tuition fee remains unaffected for the relief of both contracting parties.
  5. At institutions whose holiday periods do not correspond to the official school year of the state of Saxony, lessons are held according to their respective school calendar

Term and cancellation of the teaching contract

  1. The contract is concluded for the contract period corresponding to the selected course programme.
  2. The contractual relationship for contracts with a fixed notice period must be terminated by 30 November and then ends on 28 February or by 31 May and then ends on 31 August. The contractual relationship is terminated by written notice of cancellation. The date of receipt of the notice of cancellation by AOM is decisive for compliance with the notice period.
  3. Workshops and courses of limited duration end automatically. These can be cancelled during the term with a notice period of four weeks to the end of the month.
  4. Contracts with a flexible term have an indefinite term and can be cancelled with four weeks' notice to the end of the month. The contractual relationship is terminated by written notice of cancellation. The date of receipt of the notice of cancellation by AOM is decisive for compliance with the notice period.
  5. Prepaid cards have a fixed validity of six or twelve months and end automatically. Unused hours expire at the end of the term. The fee can be paid as a one-off payment with a 2 per cent discount at the start of the contract or as a monthly instalment as specified in the contract. In the event of increased lesson frequency, the card will be charged earlier according to the number of units used. Once all lessons have been used up and payments have been made for the entire term of the card, the contract expires.
  6. The information on lesson times, location and teacher provided in the contract confirmation is not part of the contract. A change of these does not constitute a special reason for cancellation.
  7. If a contract is concluded for lessons in tandem (2 persons) or in a group (3-4 persons), discounted prices apply in accordance with the current AOM price list. If individual students cancel their contracts so that the remaining students no longer fulfil the requirements for tandem or group lessons, the current contract will be converted into a contract for individual lessons until the end of its term and the lesson fee will be adjusted accordingly.
  8. Ordinary cancellation before the start of the contract is excluded.
  9. The right to extraordinary cancellation remains unaffected.
  10. If the student is in arrears with more than two monthly fees, AOM reserves the right to terminate the contract extraordinarily and without notice. In the event of such cancellation, the remaining fees shall also become due immediately without AOM being obliged to provide any consideration. AOM expressly reserves the right to assert any further claims for damages.

Cancellation policy

  1. The cancellation period is fourteen days from the day the contract is concluded. The contract can be cancelled without giving reasons.
  2. Um das Widerrufsrecht auszuüben, muss der Schüler die AOM mittels einer eindeutigen Erklärung über seinen Entschluss, diesen Vertrag zu widerrufen, informieren. Hierfür können Sie unser Online-Widerrufsformular nutzen oder uns Ihren Widerruf per E-Mail oder Post übermitteln.
  3. In order to comply with the cancellation period, it is sufficient if the notification of the exercise of the right of cancellation is sent before the expiry of the cancellation period.

Consequences of cancellation

  1. If a contract is cancelled, AOM must repay all payments that it has already received from the student immediately and at the latest within fourteen days from the day on which AOM receives notification of the cancellation of the contract. For this repayment, AOM shall use the same means of payment that the student used for the original transaction, unless expressly agreed otherwise with the student. Under no circumstances will the student be charged any fees for this repayment.
  2. If the student has requested that the services should commence during the cancellation period, the student shall pay AOM a reasonable amount corresponding to the proportion of the services already provided up to the time at which the student informs AOM of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

Participation in lessons

The pupil is obliged to attend lessons regularly and punctually. It is the responsibility of the pupil or his/her legal representatives to ensure that the pupil attends lessons.

Lesson cancellation

  1. Lessons cancelled due to short-term absence of the student cannot be made up and do not release the student from the obligation to pay.
  2. A cancellation is considered to be at short notice if it is made less than 24 hours before the start of the lesson or if the student is absent without excuse.
  3. As described under 6., AOM guarantees at least 36 teaching units per year. If lessons are cancelled for a longer period of time due to illness of the student or teacher, the contract can be paused. During this time, the student will not incur any costs. Contracts with a fixed term are extended by the duration of the break.
  4. If the teacher is unable to attend, lessons will only be made up if the teacher and student agree and/or the minimum number of 36 lessons per year guaranteed under 6. is foreseeably not reached.

Teaching materials and rental instruments

  1. The teaching materials required for the lessons (instruments, sheet music, etc.) are to be procured by the student.
  2. Instruments can also be borrowed from the AOM for a fee. However, there is no legal entitlement to this.
  3. The hire of an instrument requires a separate contract.

Fees and payment modalities

  1. The utilisation of music school services is subject to a fee. The amount of the fee is based on the applicable Fee schedule. All prices are inclusive of VAT.
  2. All fees are collected monthly by direct debit. A SEPA direct debit mandate is issued by the student at the start of the contract. The direct debit mandate ends automatically when the contract is cancelled.
  3. The fees for AOM contract types are due on the 1st of each month.
  4. Any costs incurred for returned direct debits will be charged to the defaulting payer with a processing fee of EUR 10. If the student is in default of payment, AOM shall also be entitled to charge interest on arrears at a rate of 5 per cent above the ECB base rate. Furthermore, AOM is authorised to charge EUR 2.50 for each reminder in the event of late payment by the student. The date of receipt of payment shall apply to all deadlines.

Reduction

  1. AOM grants a discount of 10 per cent on the tuition fee for first-degree family members, provided that another family member already has an existing contractual relationship with AOM.
  2. The discount is cancelled if the contract of the original contract holder, which made the discount possible in the first place, ends.
  3. AOM also grants a 10 per cent discount on the tuition fee if the student concludes an additional tuition contract.
  4. The discount is cancelled if the original contract that made the discount possible in the first place ends.

Liability

  1. Claims for damages by the student are excluded. Excluded from this are claims for damages by the student arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by AOM, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
  2. In the event of a breach of material contractual obligations, AOM shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the student's claims for damages are based on injury to life, limb or health.
  3. The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of AOM if claims are asserted directly against them.

House rules

The respective house rules must be observed. Violations may result in cancellation of the current contract by AOM.

Data protection

  1. The text of the contract is stored by AOM. The data will only be stored for music school purposes and will not be passed on to third parties.
  2. Upon conclusion of the contract, AOM shall send a copy of the contract to the customer. The customer is responsible for managing this copy.

Place of jurisdiction

If the student is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the student and AOM is the registered office of AOM.