I. Application of the general terms and conditions
The following general terms and conditions (in German, AGB) regulate the legal relations between CPE Europe GmbH, Albert-Einstein-Ring 15, D-22761 Hamburg, telephone: +49-40-209348500, telefax: +49-05151-609691324, email: firstname.lastname@example.org (hereinafter referred to as “CPE”) and the applicant for a study place in human medicine at the University of Medicine, Pharmacy, Sciences and Technology Neumarkt am Mieresch (hereinafter referred to as UMFST).
II. Conclusion of the contract
By submitting the online registration to CPE, the applicant submits a binding offer to conclude a service contract with the service promises described under III and IV. The service contract is concluded automatically after the confirmation of the online registration of the applicant through CPE (declaration of acceptance). The applicant gives his/her consent that, the CPE is not obliged to give an oral or written confirmation to the applicant.
III. Contractual obligations of the CPE
- comprehensive guidance and advice, particularly when deciding whether to start your study or preparatory courses,
- comprehensive support in the preparation of the applicant’s written application documents for a study place in human medicine at the “University of Medicine, Pharmacy, Sciences and Technology Neumarkt am Mieresch (UMFST Neumarkt a.M.),”
- the formal examination of the applicant’s application documents and the registration for the above-mentioned application procedures,
- the organisation and administrative management of the application procedures, including the admission exam.
In this respect, CPE commits itself to take action and to prepare the application optimally, but cannot guarantee that a study place will be obtained, as the final decision on the study place will be taken by the university.
Those who have completed the admission procedure will receive – depending on the success of the admission procedure consisting of evaluation and interview – the following:
- to the extent of available capacities, an acceptance for the immediately upcoming winter semester or – if the capacity of study places for the immediately upcoming winter semester is exhausted –
- an acceptance for the winter semester immediately following the immediately upcoming winter semester with the offer to be placed on the waiting list for the immediately upcoming winter semester, or
- a rejection.
CPE shall only represent the interests of the applicant himself; third parties may not derive any claims from this contractual relationship.
IV. Remuneration for services provided by CPE
(1) . For all the services provided by the CPE, the candidate shall pay a remuneration of € 595 inclusive of VAT applicable at the time of conclusion of the contract. This is due upon confirmation of the online registration of the applicant through CPE. The remuneration is due exclusively for the services and expenses of the CPE and regardless of whether the application is successful, and the applicant receives a study place or not. The remuneration is also independent of the actual use of the services of the CPE after successful online registration by the applicant.
(2). The costs for certifications and translations are not included in the remuneration according to (1); insofar as these services are needed, the applicant shall bear the costs himself.
V. Application/admission requirements and applicant’s contractual obligations
(1) The applicant shall be obliged to cooperate in so far as it concerns information and documents from his part as well as actions which are necessary or expedient for the preparation of the application and the examination. The applicant shall, upon request by CPE, immediately submit to CPE any information, documents and actions required for application and examination.
(2) The applicant is obliged to provide only accurate and complete information in his application. The university can check the authenticity and correctness of the documents and information provided by the applicant. If the university finds that the applicant has provided false or misleading information, it has the right to inform the relevant institutions, organisations or persons affected by such false or misleading information, while complying with data protection regulations.
VI. Liability of the CPE
(1) CPE shall bear liability without limitation for intent and gross negligence. CPE shall only be liable for ordinary negligence – except in cases of loss of life, injury or prejudice to health – if essential contractual obligations have been breached; liability shall be limited to the foreseeable damage typical for the contract. Any further liability is excluded – with the exception of mandatory legally strict liability.
(2) If there are no breaches of contract resulting from loss of life, body injury or prejudice to health or CPE’s liability under (I) is excluded and CPE cannot be accused of intent or gross negligence, claims for damages shall become statute-barred within one year of knowledge or grossly negligent ignorance of the circumstances giving rise to the claim.
(3) In accordance with (1) and (2): CPE cannot guarantee a positive decision of the university, nor can CPE assume any liability for rejection decisions based on documents not provided by the applicant or provided too late.
(4)In accordance with (1) and (2), the following applies: CPE cannot assume any liability for the recognition of the degree awarded by the university- in Germany or other state members of the European Union- without further steps, such as additional examinations; the applicant himself is responsible for obtaining the relevant information and taking the necessary measures.
(5) In accordance with (1) and (2), the following applies: CPE cannot accept liability for political events, for example if, contrary to expectations, the state in which the university is located leaves the EU or no longer follows the Bologna Process.
VII. Reference persuant to § 36 Consumer Dispute Resolution Act
CPE declares itself unwilling to participate in dispute resolution proceedings before a consumer arbitration body within the meaning of § 30 Abs.1 Consumer Dispute Settlement Act NSBG}. This does not affect the possibility of dispute resolution proceedings before a consumer arbitration body in the course or during a specific dispute when the consent of both parties is given (§ 37 VSBG}.
VIII. Cancellation policy and right of cancellation
You have the right to cancel this contract within fourteen days without giving reasons. The revocation period shall be fourteen days from the date of conclusion of the contract.
In order to exercise your right of cancellation, you must inform us of your decision to cancel the contract through a clear statement (e.g. a letter, fax or e-mail sent by post).
CPE Europe GmbH
If you have requested that the services be commenced within the cancellation period, you shall pay us a reasonable amount equal to the proportion of the services already provided by the time you notify us of the cancellation of the contract.