Our General Terms and Conditions

GENERAL TERMS AND CONDITIONS OF CEGOM GMBH AND ITS COMPANY, MEDIZIN-STUDIUM-AUSLAND

A. Instructions: Right of cancellation & remuneration

I. Right of cancellation
You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period shall be fourteen days from the date of conclusion of the contract.

In order to exercise your right of withdrawal, you must notify us,
CEGOM GmbH
Ostertorwall 12, D-31785 Hameln
Phone: +49 (0) 5151 60969-1354
E-mail: info@medizin-studium-ausland.de

of your decision to cancel this Agreement by means of an unambiguous statement (e.g., a letter sent via post, fax or e-mail). You can use the attached cancellation form, which is not mandatory. In order to comply with the cancellation period, it is sufficient that you send the notification of the execution of the cancellation before expiration of the cancellation period.

Consequences of cancellation
If you cancel this contract, we shall refund the payments we have received from you immediately and at the latest within fourteen days of the day we received notification of your cancellation of this contract. Unless specifically agreed otherwise with you, we will use the same means of payment used in the original transaction for the refund. Under no circumstances will you be charged for this refund.

If you have requested that the services should start during the cancellation period, you have to pay us a reasonable amount proportional to the services already rendered up to the point in time at which you inform us of the execution of the right of cancellation with regard to this contract compared to the total scope of the services provided in the contract.

B. General Terms and Conditions of MSA/CEGOM

I. Scope of application of these terms and conditions
The following General Terms and Conditions (GTC) govern the legal relationship between CEGOM GmbH, Ostertorwall 12, D-31785 Hameln, Germany (hereinafter: MSA/CEGOM), and the applicant for a course of study at one of MSA/CEGOM’s partner universities (hereinafter “applicant”).

II. Conclusion of the service contract
By sending MSA/CEGOM the application form signed by the applicant or his/her legal representatives via post, fax or e-mail, the applicant submits a binding offer to conclude a service contract with the performance promises described under III and IV. The applicant or his/her legal representatives waive access to the declaration of acceptance from MSA/CEGOM.

III. Services of MSA/CEGOM
MSA/CEGOM agrees to provide the following services:
» Study and international counseling, in particular counseling when deciding to study or pre-study at one of the following universities, through individual counseling interviews and information material
» Assistance in the preparation of the applicant’s written application documents, including a review of the candidate’s application documents
» The registration process for the above-mentioned application procedure, including the submission of the application to the respective universities
» The administrative execution of the above-mentioned application procedure, including the entrance examination (if one is offered in Germany by MSA/CEGOM)

MSA/CEGOM commits itself in this respect to becoming active and optimally preparing the application. However, it cannot guarantee the receipt of a study slot, since the decision regarding admission is made from the respective university.
MSA/CEGOM only represents the interests of the applicant himself/herself; third parties cannot derive any claims from this contractual relationship.

IV. Remuneration for the services of MSA/CEGOM

(1) For the entirety of the services of MSA/CEGOM specified under III, the applicant owes a remuneration, the amount of which – in particular due to the different expenditure for MSA/CEGOM depending upon university – shall be based on the table below (column 1, indication net, plus the value added tax valid in each case at the time of the conclusion of the contract).

(2) A partial amount of this service remuneration – according to the table below (column 2, net, plus the value added tax valid at the time of the conclusion of the contract) – becomes due with confirmation of the conclusion of the service contract by MSA/CEGOM and accrues per university, at which the applicant, using the services of MSA/CEGOM, applies.

(3) The remaining amount of this service fee shall not become due until the first confirmation of a slot at one of the universities at which the applicant has applied using the services of MSA/CEGOM. The due date is the date on which MSA/CEGOM receives the applicant’s notification of this promise of a study place in text form (usually by e-mail). A confirmation in text form from the respective partner university is not required. In the case of applications to several universities, the applicant owes only one – but the highest – service fee among the universities selected by the candidate for the application according to the table below.

(4) The service remuneration accrued and due shall remain unaffected if the applicant does not accept a promised study slot. The applicant is permitted to prove that the amount claimed has not been paid at all or is significantly lower.

V. Possible university fees and disbursements

(1) MSA/CEGOM has no influence on any additional fees charged by the universities; these are not included in the remuneration listed under IV.

(2) The costs for certifications and translations that may be necessary shall not be included in the remuneration pursuant to IV; insofar as they are incurred, they shall be borne by the applicant themselves.

VI. Termination of service contract and consequences thereof

(1) The service contract may be terminated by either party at any time in writing. The remuneration agreement under IV remains unaffected by this.

(2) The right to extraordinary termination for important reasons remains unaffected.

VII. Application/admission requirements and duty of cooperation of the applicant

(1) Whether the universities offer the applicant a study slot shall be decided by the respective universities alone. The specific application and admission requirements are determined by the respective university. If the respective university requires the successful passing of an admission examination in addition to a written application, the date and place of this examination shall be determined by the respective university. The locations for admission examinations are always in Europe, but not necessarily in Germany. The applicant himself/herself bears his/her own costs for travel to the examination location and for his/her stay on site.

(2) The applicant is obliged to cooperate insofar as it concerns information and documents from his/her sphere as well as actions necessary or expedient for the preparation of applications and examinations. Information, documents and actions required for the admission examination and application have to be immediately submitted to MSA/CEGOM from the applicant upon request
by MSA/CEGOM.

VIII. Liability of MSA/CEGOM

(1) MSA/CEGOM is liable without limitation for intent and gross negligence. For simple negligence, MSA/CEGOM is liable – except in cases of injury to life, body or health – only if essential contractual obligations have been violated; liability is limited to the contractually typical and foreseeable damage. Any further liability is excluded – with the exception of strict liability as prescribed by law.

(2) Unless damages from injury to life, body or health are affected or the liability of MSA/CEGOM according to (1) is not excluded and MSA/CEGOM cannot be accused of fraudulent intent, claims for damages become time-barred within one year after knowledge or grossly negligent ignorance of the circumstances justifying the claim.

(3) In accordance with (1) and (2) the following applies: MSA/CEGOM is not liable for the fulfillment of the contract by the university.

(4) In accordance with (1) and (2) the following shall apply: MSA/CEGOM cannot guarantee a positive decision by the universities. Nor can MSA/CEGOM assume any liability for rejection based on documents not provided or furnished late by the applicant.

(5) In accordance with (1) and (2) the following applies: MSA/CEGOM cannot accept any liability for the degree awarded by the respective university being recognized in Germany without additional steps – such as additional examinations, internships, etc.; the applicant is responsible for obtaining the relevant information and taking the necessary measures.

(6) Subject to (1) and (2): MSA/CEGOM cannot accept any liability for political events, for example if, contrary to expectations, the host state of a university withdraws from the EU or no longer follows the Bologna Process.

IX. Information on the Consumer Dispute Settlement Act (VSBG)

MSA/CEGOM does not declare itself willing to participate in dispute settlement procedures before consumer arbitration service within the meaning of Section 30, para. 1 of the Consumer Dispute Resolution Act (NSBG). This does not affect the possibility of dispute resolution by a consumer arbitration service during or after a specific dispute if both contracting parties agree (Section 37, CDBG).

X. Right of cancellation

You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period shall be fourteen days from the date of conclusion of the contract.

In order to exercise your right of withdrawal, you must notify us,
CEGOM GmbH
Ostertorwall 12, D-31785 Hameln
Phone: +49 (0) 5151 60969-1354
E-mail: info@medizin-studium-ausland.de

of your decision to cancel this Agreement by means of an unambiguous statement (e.g., a letter sent via post, fax or e-mail). You can use the attached cancellation form, which is not mandatory.

In order to comply with the cancellation period, it is sufficient that you send the notification of the execution of the cancellation before expiration of the cancellation period.

Consequences of cancellation
If you cancel this contract, we shall refund the payments we have received from you immediately and at the latest within fourteen days of the day we received notification of your cancellation of this contract. Unless specifically agreed otherwise with you, we will use the same means of payment used in the original transaction for the refund. Under no circumstances will you be charged for this refund.

If you have requested that the services should start during the cancellation period, you have to pay us a reasonable amount proportional to the services already rendered up to the point in time at which you inform us of the execution of the right of cancellation with regard to this contract compared to the total scope of the services provided in the contract.