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2. Content of the contract
2.1 MPU-Akademie prepares the client online for the MPU. The counselling comprises traffic-psychology MPU preparation tailored specifically to the client, including the provision of preparation materials. The online sessions take place via Zoom/Skype. The MPU preparation is carried out by psychologists.
2.2 The scope of the counselling depends on the MPU package booked.
2.3 The counselling takes place in direct coordination between MPU-Akademie and the client.
2.4 MPU-Akademie owes the client online preparation for the MPU in the form of counselling that is as comprehensive as possible.
3. Registration and conclusion of the contract
3.1 To use the services of MPU-Akademie, the client must first book MPU preparation.
3.2 The counselling contract between MPU-Akademie and the client is concluded when the client completes the online booking, pays the invoice or a separate payment agreement is made in writing.
3.3 After receiving the booking, MPU-Akademie sends the client a confirmation by email. The first counselling appointment can then be reserved online immediately. Alternatively, an appointment can also be arranged by phone on 0800-2177217.
4. Client's duties to cooperate
4.1 An essential prerequisite for achieving the aim of the counselling is the client's cooperation.
5. Prices and terms of payment
5.1 The prices listed in the offer apply. The prices stated are final prices, i.e. they include the applicable German statutory VAT. The prices do not include any further costs for proof of abstinence, lawyers' fees and/or interpreters' fees. These are invoiced separately.
5.2 The counselling fee is payable in advance in each case.
5.3 The client can make payment via the payment systems listed individually, such as instant bank transfer, credit card or SEPA direct debit, etc.
5.4 Invoices are issued digitally; paper invoices are not issued. The invoice is sent by email
6. Term and termination of the contract
6.1 The term of the contract is generally determined by the preparation time for the MPU actually required by the individual client.
6.2 The client may end their online counselling at any time without giving reasons. Even if the counselling has not yet been completed at the time of termination, the counselling fee already paid will not be refunded – not even in part.
6.3 The right of both parties to terminate for good cause remains unaffected. Good cause for termination exists in particular:
– if the client fails to fulfil their duties to cooperate to a considerable extent (e.g. repeatedly fails to attend agreed counselling appointments without excuse, repeatedly fails to submit proof of abstinence) or
– if the client verbally abuses or insults employees of MPU-Akademie or behaves aggressively towards them in any other way.
7. Liability
7.1 MPU-Akademie gives no assurances or guarantees that the client will pass the MPU by using the MPU-Akademie counselling service. MPU-Akademie does not owe any specific result.
7.2 MPU-Akademie is liable in accordance with the statutory provisions if the client asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of its employees, representatives or vicarious agents. Insofar as MPU-Akademie is not accused of an intentional breach of contract, liability for damages is limited to the foreseeable damage that typically occurs.
7.3 MPU-Akademie is liable in accordance with the statutory provisions if it culpably breaches an essential contractual obligation; in this case, too, liability for damages is limited to the foreseeable damage that typically occurs.
7.4 Insofar as the client is otherwise entitled to compensation for damage in lieu of performance due to a negligent breach of duty, liability is limited to the foreseeable damage that typically occurs.
7.5 Liability for culpable injury to life, body or health remains unaffected.
7.6 Unless otherwise provided above, liability is excluded.
8. Data protection
The privacy policy of MPU-Akademie can be found at the following website: https://mpu-akademie.eu/datenschutz
9. Confidentiality
MPU-Akademie and its employees are obliged to treat all information relating to the client's personal life as strictly confidential (§ 203 StGB). The result of the counselling is also intended solely for the client and may not be passed on to third parties by MPU-Akademie.
11. Information on the right of withdrawal
Right of withdrawal
You may withdraw your contractual declaration within 14 days without giving reasons by means of a clear statement. The period begins after receipt of this notice and of the consent, but not before conclusion of the contract and not before we have fulfilled our information obligations under Article 246b § 2 (1) in conjunction with § 1 (1) nos. 7 to 12, 15 and 19 and Article 248 § 13 (1) EGBGB. To meet the withdrawal deadline it is sufficient to send the withdrawal in good time if the declaration is made on a durable medium (e.g. letter, email). The withdrawal must be addressed to:
MPU-Akademie
Am Stadthof 16
63065 Offenbach
Email: info@mpu-akademie.eu
Consequences of withdrawal
In the event of an effective withdrawal, the services received by both parties must be returned. You are obliged to pay compensation for the value of the service provided up to the withdrawal if you were informed of this legal consequence before submitting your contractual declaration and expressly agreed that we begin performing the service before the end of the withdrawal period. If there is an obligation to pay compensation for value, this may mean that you still have to fulfil the contractual payment obligations for the period up to the withdrawal. Your right of withdrawal expires early if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of withdrawal. Obligations to refund payments must be fulfilled within 30 days. The period begins for you when you send your declaration of withdrawal and for us when we receive it.
End of the information on the right of withdrawal
12. Miscellaneous
12.1 Should individual provisions of these T&Cs be or become invalid in whole or in part, or should they contain a gap, the validity of the remaining provisions or parts of such provisions remains unaffected. The invalid or missing provisions are replaced by the respective statutory provisions.
12.2 MPU-Akademie reserves the right to amend and adapt these T&Cs with effect for the future. In this case, MPU-Akademie will notify the client of the changes by email no later than two weeks before the planned entry into force of the new version of the T&Cs. If the client does not object to the validity of the new T&Cs before the new version enters into force and continues to use MPU-Akademie.de, the new T&Cs are deemed accepted. In the event of an objection, MPU-Akademie expressly reserves the right to block the user account and terminate the online counselling contract. MPU-Akademie will separately point out the right to object, the deadline for doing so and the legal consequences of silence or an objection.
12.3 The latest version of the T&Cs can be viewed at https://mpu-akademie.eu/agbs/.
The client can view the other contract information and data via their user account.
12.4 The language of the contract is German.
12.5 The law of the Federal Republic of Germany applies, excluding German conflict-of-laws rules.
12.6 The place of jurisdiction is the registered office of MPU-Akademie. However, MPU-Akademie is entitled to sue the client at their general place of jurisdiction.
13. Cancellation of appointments
13.1 Appointments that are not cancelled at least 24 hours in advance (by phone, WhatsApp or email) will be invoiced in full.
As of: September 2019