1. Scope of Application
1.1These General Terms and Conditions apply to the use of the digital platform software ERASMIO, including all web applications, user areas, dashboards, software modules, administration functions, planning functions, booking management functions, inquiry management functions, notification functions, interfaces and other digital functions provided via ERASMIO.
1.2These GTC apply to all users of the platform software, in particular to providers, customers, schools, organisations and user accounts connected with schools or organisations.
1.3Any deviating terms and conditions of a user shall apply only if ERASMIO has expressly agreed to their applicability in text form. This shall also apply where ERASMIO does not expressly object to the inclusion of such deviating terms and conditions.
1.4Supplementary terms may apply to individual software modules, user groups or functions. Where supplementary terms conflict with these GTC, the more specific terms shall prevail for the respective software module.
1.5Mandatory statutory rights, in particular consumer rights, data protection rights and mandatory rights under the law of the country in which a consumer has their habitual residence, shall remain unaffected.
2. Definitions
2.1ERASMIO means the digital platform software provided by ERASMIO LIMITED, including the related software modules, dashboards, user areas, interfaces and administration functions.
2.2Platform software means the digital software functions of ERASMIO. These include, in particular, functions for creating, displaying, configuring, managing and documenting course offers, course dates, inquiries, bookings, cancellations, payments, notifications, user accounts, school structures and connected user accounts.
2.3Users are all persons and organisations that use the platform software. These include, in particular, customers, providers, schools, organisations and connected user accounts.
2.4Customer means a natural person or organisation that uses the platform software to search for courses, submit non-binding registrations or technically initiate and manage binding bookings.
2.5Provider means a registered user with a provider role who independently creates, configures and manages course offers, course dates, prices, availability, inquiry parameters, booking parameters and course-related terms via the platform software.
2.6School or organisation means a registered user account that uses school-related, institutional or organisational functions of the platform software. Schools and organisations may be connected with further user accounts where the platform software provides corresponding functions.
2.7Connected user accounts are user accounts that have been assigned to, or enabled by, a school or organisation account via the platform software.
2.8Course means a course offer created and managed by the provider via the platform software.
2.9Course date means a specific date, period or time frame of a course. A course date may, in particular, have the status "planned" or "bookable".
2.10Planned course date means a course date that is not yet available for binding booking and for which non-binding registrations may be recorded via the inquiry management function.
2.11Bookable course date means a course date for which customers may technically initiate a binding booking via the booking management function.
2.12Non-binding registration or inquiry means an expression of interest for a planned course date stored via the platform software. It is free of charge for customers and schools and does not create any obligation to make a later booking.
2.13Qualified inquiry means a non-binding registration that has been fully stored via the platform software, is assigned to a visible planned course date, has been initiated by a registered and logged-in user or school account, is technically visible in the provider area and is not evidently based on a technical error, test process, misuse or duplicate entry.
2.14Booking means a binding booking process for a bookable course date technically initiated via the platform software.
2.15Software fees are fees for the use of certain software functions of the platform software. These include, in particular, the platform software fee for the booking management function, the inquiry management fee, fees for the partner school platform and fees for school administration and planning functions.
3. Role of ERASMIO and Structure of the Platform Software
3.1ERASMIO provides digital platform software. The platform software serves the technical creation, configuration, management, documentation and processing of course offers, course dates, inquiries, bookings, cancellations, school structures and connected user accounts.
3.2ERASMIO does not owe the delivery or performance of the courses offered via the platform software. The content, quality, safety, feasibility, availability, permits, insurance, qualifications, descriptions, prices, tax information and legal admissibility of the courses are the responsibility of the respective provider.
3.3Contracts for the delivery of a course are generally concluded exclusively between the customer or school and the respective provider. ERASMIO provides the technical software environment and the respective administration functions for this purpose.
3.4ERASMIO is not a party to the course contract between the customer or school and the provider, unless expressly agreed otherwise in an individual case.
3.5ERASMIO does not adopt course descriptions, provider content, provider terms, cancellation terms, prices or other information provided by providers as its own. ERASMIO provides the technical functions for displaying, storing, configuring and managing such information.
3.6ERASMIO may provide technical display formats, mandatory fields, input screens, plausibility checks, status logic, security functions, user notices and interfaces in order to enable functional, transparent and secure use of the platform software. This does not establish any responsibility on the part of ERASMIO for the content, appropriateness or legal admissibility of the information configured by providers.
4. Registration and User Account
4.1Use of certain functions of the platform software requires registration. Complete, accurate and up-to-date information must be provided during registration.
4.2Users are obliged to keep access credentials confidential and to protect them against access by third parties. Actions carried out via a user account shall be deemed actions of the respective account holder, provided that the account holder is responsible for such use.
4.3Users must update changes to their information without undue delay in the platform software where such information is relevant for use, billing, communication, tax treatment or legal allocation.
4.4ERASMIO may suspend user accounts in whole or in part where there are specific indications of misuse, security risks, false information, legal infringements, payment default or material breaches of these GTC. Mandatory statutory rights shall remain unaffected.
4.5A right to registration or to the permanent provision of specific functions exists only where this has been expressly agreed.
5. Providers and Provider Obligations
5.1Providers use the platform software to independently configure and manage course offers, course dates, prices, availability, inquiries, bookings, cancellation terms and other course-related information.
5.2Providers are responsible for all content and information provided by them. This includes, in particular, course descriptions, price information, time information, scope of services, participation requirements, safety information, cancellation terms, tax information, contact information, proof of qualifications and other mandatory information.
5.3Providers must ensure that their course offers are legally permissible and that all required permits, qualifications, insurance policies, safety concepts, information duties and other requirements are in place.
5.4Providers must not upload or make available via the platform software any misleading, unlawful, discriminatory, youth-endangering, offensive, copyright-infringing or otherwise impermissible content.
5.5Providers are obliged to carefully manage inquiries and bookings technically recorded via the platform software and to keep their course dates, availability and information up to date.
5.6Providers are solely responsible for the content, appropriateness and legal admissibility of the provider terms configured by them via the platform software, in particular cancellation terms.
5.7Providers are obliged to inform ERASMIO without undue delay if a course cannot be delivered, material changes occur or statutory or regulatory requirements are affected.
6. Customers, Participants, Schools and Connected User Accounts
6.1Customers and schools may use the platform software to search for courses, view information, submit non-binding registrations for planned course dates, technically initiate binding bookings for bookable course dates and manage booking and inquiry processes.
6.2Customers and schools are obliged to provide accurate and complete information, in particular with regard to participant data, contact details, invoice data, school assignments and other information relevant to the delivery or management of a course.
6.3In the case of underage participants, the respective booking user or the respective school is responsible for ensuring that the required consents, approvals, supervision arrangements and other legal requirements are in place.
6.4Schools and organisations are responsible for the management of connected user accounts, internal authorisations, school approval processes and the accuracy of the registrations and bookings initiated by them.
6.5A non-binding registration for a planned course date does not create any obligation on the part of the customer or school to make a later booking and does not create any obligation on the part of the provider to make the course date bookable at a later stage.
7. Software Modules of ERASMIO
7.1ERASMIO may provide various software modules. These may include, in particular:
- the booking management function for binding bookings;
- the inquiry management function for non-binding registrations for planned course dates;
- provider dashboards for course, date, inquiry and booking management;
- customer dashboards for managing their own inquiries and bookings;
- school and organisation functions;
- the partner school platform;
- school administration and planning functions for own and connected user accounts;
- notification, communication, documentation and reporting functions.
7.2ERASMIO may further develop, modify, expand, restrict or discontinue software modules where this is reasonable having regard to the interests of users or is necessary for technical, legal, security-related, economic or product-related reasons.
7.3Individual software modules may be provided free of charge, for a fee, on a trial basis, for a limited period or only for certain user groups.
8. Course Offers and Provider Content
8.1Providers independently create and manage course offers via the platform software. ERASMIO provides technical input, display and administration functions for this purpose.
8.2Providers independently decide on the content, scope, dates, prices, participation conditions, availability and delivery of their courses, provided that the platform software offers corresponding configuration options and no statutory, technical or contractual restrictions apply.
8.3ERASMIO may hide, restrict, delete or block provider content for technical or legal reasons where there are specific indications of legal infringements, misuse, security risks, misleading information, breaches of these GTC or substantial impairments of the platform software.
8.4Providers grant ERASMIO, for the duration of the provision of the content, a simple, non-exclusive, territorially unrestricted right to use the content provided within the platform software and for the technical provision, display, processing, storage, presentation and documentation of processes.
8.5Providers warrant that they hold the required rights to the content provided by them and that the provision of such content does not infringe any third-party rights.
9. Binding Bookings and Booking Management Function
9.1For bookable course dates, customers or schools may technically initiate binding bookings via the platform software.
9.2For this purpose, the platform software provides, in particular, functions for display, selection, booking management, payment integration, status management, documentation, cancellation management, notification and billing.
9.3In the case of a binding booking, the contract for the delivery of the course is generally concluded between the customer or school and the respective provider. ERASMIO provides the booking management function used for this purpose.
9.4Before completion of a booking, the customer or school is shown the material information available in the respective offer. This includes, in particular, provider, course, course date, total amount, included platform software fee, provider price or course price, cancellation terms and other booking-relevant information, insofar as this is provided for in the platform software.
9.5Providers are responsible for the accuracy and completeness of their course and price information.
10. Platform Software Fee for the Booking Management Function
10.1A platform software fee may arise for the use of the booking management function. The platform software fee is a fee for access to and use of the digital platform software in connection with the technical management of a binding booking.
10.2The platform software fee remunerates, in particular, the use of software functions for display, selection, technical initiation of the booking, booking management, status management, payment integration, notification, documentation and cancellation management.
10.3The platform software fee is displayed during the booking process as part of the total amount or is shown in a manner that can be traced from the total amount, insofar as the platform software provides for this.
10.4The platform software fee is earned upon binding booking confirmation for the use of the booking management function, to the extent legally permissible.
10.5The platform software fee is not an additional cancellation processing fee. In the event of cancellations, it forms part of the retained amount and is not added on top of a cancellation lump sum.
10.6Mandatory statutory rights, in particular statutory withdrawal, rescission and refund rights, shall remain unaffected.
11. Cancellation of Binding Bookings by Customers or Schools
11.1Customers and schools may cancel binding bookings in accordance with the cancellation terms displayed before completion of the booking, insofar as the platform software technically enables cancellation and no statutory or contractual restrictions apply.
11.2The cancellation logic in this section concerns voluntary cancellations by customers or schools. Statutory rights, in particular mandatory withdrawal, rescission and refund rights, shall remain unaffected.
11.3Within 14 days after booking confirmation, the customer or school may voluntarily cancel the booking, provided that no deviating statutory provisions or mandatory provider rights apply in the specific case. In the event of a cancellation within this period, only the platform software fee shall be retained. The remaining amount shall be refunded. During this phase, the provider shall not receive any provider share of the retained amount.
11.4After expiry of 14 days following booking confirmation, the cancellation tiers configured by the provider via the platform software and displayed before completion of the booking shall apply.
11.5The provider may configure up to two additional cancellation tiers via the platform software. Each tier consists of a deadline in days before the course begins and a percentage of the total amount.
11.6The percentage configured by the provider relates to the full total amount paid by the customer or school, including the included platform software fee.
11.7The platform software fee is taken into account within the retained amount and is not charged additionally.
11.8The retained amount must not be lower than the included platform software fee. If the amount calculated according to the provider percentage is lower than the platform software fee, at least the platform software fee shall be retained, to the extent legally permissible.
11.9The retained amount shall be distributed in such a way that ERASMIO receives the platform software fee and the amount exceeding this fee is due to the provider. The refund amount corresponds to the total amount less the retained amount.
11.10To the extent that cancellation amounts configured by the provider are to be qualified as liquidated damages, a flat-rate reimbursement of expenses or a comparable lump sum, the customer shall retain the right to prove that the provider has suffered no damage or expense, or substantially lower damage or expense. The provider is responsible for the legal admissibility of the provider tiers.
11.11Conflicting, unclear or legally impermissible provider terms shall generally be to the detriment of the provider. ERASMIO may block or correct the technical display or application of evidently incorrect or unlawful terms where this is necessary to preserve the functionality, transparency or legal certainty of the platform software.
11.12In the event of no-show, discontinuation or non-participation, the provider's terms displayed in the respective course offer shall apply, to the extent legally permissible.
11.13If the provider cancels a course or is unable to deliver it, the statutory rights of the customer or school and the terms displayed in the respective course offer shall apply. ERASMIO may support the technical processing of refunds or status changes via the platform software.
12. Statutory Withdrawal and Consumer Rights
12.1Statutory withdrawal, rescission, reduction, damages and other consumer rights shall remain unaffected.
12.2The voluntary cancellation logic in these GTC does not replace any statutory right of withdrawal. Where a consumer is entitled to a statutory right of withdrawal and validly exercises that right, the statutory consequences of withdrawal shall apply.
12.3For certain date-specific course or leisure services, a statutory right of withdrawal may be excluded where the contract provides for performance on a specific date or within a specific period. The specific legal classification depends on the type, content and structure of the respective offer.
12.4Where special statutory information, consent or instruction obligations exist for digital services, digital content, services or other performance, these shall be implemented in the respectively relevant user processes, instructions or supplementary terms.
12.5Providers are obliged to provide ERASMIO with all information required for an accurate legal presentation of their course offers, dates, cancellation terms and consumer information.
13. Inquiry Management Function and Non-binding Registrations
13.1ERASMIO provides providers with an inquiry management and planning function within the platform software.
13.2Via the inquiry management function, customers, schools or organisations may submit non-binding registrations for planned course dates that are not yet available for binding booking. The non-binding registration serves the digital recording, structuring, management and evaluation of demand for planned course dates.
13.3The inquiry management function serves, in particular, demand planning, participant and prospect management, organisation of planned course dates, digital management of non-binding registrations, status and inquiry history, communication and notification within the platform software and preparation of later bookable course dates.
13.4Non-binding registrations are free of charge for customers, participants and schools. They do not create any obligation to make a later booking and do not create any obligation on the part of the provider to make the planned course date bookable at a later stage.
13.5A non-binding registration is possible only if the platform software provides the respective function for the specific course date and the technical requirements provided for this purpose are met.
13.6In the case of school, organisation or group inquiries, a non-binding registration may include several participating persons. In such case, several inquiry entries or participant-related entries may be stored system-side.
14. Inquiry Management Fee
14.1Providers may incur an inquiry management fee for the use of the inquiry management function.
14.2The inquiry management fee is a software usage fee for the use of digital inquiry management, planning, status, documentation, notification and reporting functions within the platform software.
14.3The inquiry management fee concerns exclusively the contractual relationship between ERASMIO and the provider. Customers, participants and schools do not pay an inquiry management fee for submitting a non-binding registration.
14.4The inquiry management fee arises upon storage of a qualified inquiry within the platform software, unless a free phase, free quota or deviating agreement applies.
14.5In the case of individual inquiries, an inquiry management fee is generally charged per qualified inquiry. In the case of school, organisation or group inquiries, the inquiry management fee may be charged per registered participating person or per active inquiry entry.
14.6The amount of the inquiry management fee is determined by the fee status stored for the respective course date at the time of its creation, unless a free phase, free quota or deviating agreement applies.
14.7If a qualified inquiry is later cancelled or deleted by the customer, the school or the provider, marked as no longer active or not converted into a booking, the inquiry management fee already incurred shall remain payable. Use of the inquiry management function was performed upon storage and provision of the qualified inquiry.
14.8A later binding booking is a separate process. A platform software fee for the booking management function may additionally arise for a later booking. Automatic crediting of the inquiry management fee against the platform software fee for later bookings shall take place only if this has been expressly displayed or agreed.
14.9ERASMIO may, at its own discretion, exclude obvious misuse, spam, test, system error or duplicate inquiries from calculation in whole or in part, or refund them. A right to exclusion or refund exists only where this is required by law or expressly agreed.
14.10The inquiry management fee is understood, in relation to providers, plus statutory value added tax or VAT, insofar as such tax applies.
15. Fee Statuses, Free Phases and Fee Changes
15.1ERASMIO may store fee statuses for software fees in order to ensure that later changes do not have retroactive effect on processes already created.
15.2Upon provider registration, fee statuses, free phases or other conditions applicable to the provider may be stored in the platform software.
15.3When a course date is created, the then-current fee status for the inquiry management function may be stored. This stored fee status applies to qualified inquiries for this course date, unless a free phase, free quota or deviating agreement applies.
15.4Later changes to general fee statuses do not have retroactive effect on course dates already created, qualified inquiries already stored or bookings already confirmed, unless expressly agreed otherwise or required by law.
15.5Planned changes to software fees in relation to providers shall be announced at least 30 days before they take effect, unless a longer individual notice period is stated and no mandatory reasons require a shorter period.
15.6Free phases, trial periods or free quotas apply only to the extent respectively displayed. After expiry of a free phase, the respectively displayed or agreed software fees may arise.
16. Partner School Platform
16.1ERASMIO may provide schools and, after activation, connected user accounts with access to an independent digital partner school platform within the ERASMIO ecosystem.
16.2The partner school platform is an independent software module for school accounts and activated connected user accounts. It includes, in particular, digital administration, organisation, collaboration, communication and planning functions in connection with international school partnerships, mobility projects and school cooperation structures.
16.3Access to the partner school platform is provided exclusively via registered school accounts and via user accounts connected with and activated by such school accounts, insofar as the platform software provides corresponding functions.
16.4Use of the partner school platform is intended to be free of charge at least for the year 2026.
16.5From the year 2027, ERASMIO may introduce an annual software usage fee for use of the partner school platform. The specific scope, amount and billing modalities shall be communicated to the affected accounts at least two months before they take effect.
16.6Continued use of fee-based functions of the partner school platform requires consent to the respectively announced conditions. If consent is not given, ERASMIO may restrict or deactivate access to the affected functions.
17. School Administration and Planning Functions
17.1ERASMIO may provide school accounts with additional organisation-related software functions for the administration, planning and coordination of their own bookings and bookings of connected user accounts.
17.2These school administration and planning functions serve, in particular, the management of booking processes within connected school structures, the coordination of user accounts, internal approval, the overview of participants and processes and the monthly evaluation and billing of corresponding software processes.
17.3Use of these school administration and planning functions is intended to be free of charge at least for the year 2026.
17.4From the year 2027, ERASMIO may introduce a fixed software usage fee per booking, or per booking process managed via the platform software, for own bookings by school accounts and for bookings by connected user accounts. Billing may take place monthly.
17.5The specific scope, amount and billing modalities shall be communicated to the affected accounts at least two months before they take effect.
17.6Continued use of fee-based school administration and planning functions requires consent to the respectively announced conditions. If consent is not given, ERASMIO may restrict or deactivate access to the affected functions.
18. Payment Processing, Invoicing and Payouts
18.1Payments may be technically processed via payment service providers integrated by ERASMIO. The respective payment service provider may apply its own terms, checks, security measures, payout periods and compliance requirements.
18.2ERASMIO may technically document and manage payments, refunds, payouts, fee allocations and billing information via the platform software.
18.3Payouts to providers are made in accordance with the payment and billing logic displayed in each case, the terms of the payment service provider and any statutory or contractual rights of retention.
18.4Software fees charged to providers, schools or organisations are understood plus statutory value added tax or VAT, insofar as such tax applies. Prices displayed to consumers are understood to include statutory VAT, where legally required.
18.5Payment service provider fees, bank fees, currency conversions, return debit costs, chargeback costs or other third-party fees may arise separately, insofar as this is displayed, agreed or legally permissible.
18.6In the event of reversals, chargebacks, payment disruptions, suspected fraud or payment service provider checks, processes may be temporarily suspended, reviewed or delayed.
19. Taxes and Duties
19.1Providers, schools and organisations are responsible for the correct tax treatment of their own services, revenues, invoice information and statutory filing obligations.
19.2ERASMIO may collect, store and process tax-relevant information insofar as this is required for billing, invoicing, tax documentation or statutory obligations.
19.3Providers are obliged to provide accurate and complete tax information and to update changes without undue delay.
19.4ERASMIO is entitled to charge software fees with statutory value added tax or VAT, insofar as such tax applies.
20. Rights of Use in the Platform Software
20.1ERASMIO grants users, for the duration of contractual use, a simple, non-exclusive, non-transferable, non-sublicensable, revocable right to use the platform software within the scope of these GTC and the functions respectively provided.
20.2No rights in the platform software, source code, databases, designs, trademarks, business logic, interfaces, documentation or other protected rights are transferred.
20.3Users may not copy, edit, decompile, reverse engineer, rebuild, make available to third parties, carry out unauthorised automated scraping of, or use the platform software in any manner beyond its intended use.
20.4Users must not take any measures that impair or may impair the security, integrity, availability or functionality of the platform software.
21. Availability, Maintenance and Further Development
21.1ERASMIO shall endeavour to ensure reasonable availability of the platform software. A specific level of availability is not guaranteed unless an express service level agreement exists.
21.2Restrictions may arise, in particular, due to maintenance, updates, security measures, system overload, disruptions affecting third-party providers, payment service providers, hosting services, network operators or due to force majeure.
21.3ERASMIO may further develop the platform software, modify, supplement, replace or remove functions where this is reasonable for users or necessary for technical, legal, security-related, economic or product-related reasons.
21.4Beta, test or pilot functions may be changed, restricted or discontinued at any time. There is no entitlement to the permanent provision of such functions.
22. Data Protection and Data Processing
22.1ERASMIO processes personal data in accordance with the respectively applicable Privacy Policy and applicable data protection laws.
22.2Where schools, organisations or providers enter personal data via the platform software, they are responsible for ensuring that there is a lawful basis for doing so and that all required information duties, consents, authorisations and internal approvals are in place.
22.3In the case of school, group or minor data, schools, organisations or the respective responsible users must ensure that the processing is legally permissible and that the required consents or authorisations are in place.
22.4Where ERASMIO processes personal data on behalf of a provider, school or organisation, supplementary data processing agreements may be required. These must be concluded separately where legally required.
22.5Details on the processing of personal data are set out in the Privacy Policy, the respective user information and, where applicable, separate data protection agreements.
23. Content, Reviews and Communication
23.1Where the platform software provides communication, review, comment or messaging functions, users are responsible for their contributions and messages.
23.2Users must not transmit unlawful, offensive, discriminatory, threatening, misleading, confidential, advertising, copyright-infringing or otherwise impermissible content.
23.3ERASMIO may remove, block or review content where there are specific indications of legal infringements, misuse, breaches of these GTC or impairments of the platform software.
23.4ERASMIO may send system-related, transaction-related and security-relevant notifications to users where this is required for the use, documentation, security or administration of the platform software.
24. Liability of ERASMIO
24.1ERASMIO shall be liable without limitation in cases of intent and gross negligence, in the event of injury to life, body or health, under mandatory product liability provisions and to the extent of any guarantees expressly assumed.
24.2In cases of simple negligence, ERASMIO shall be liable only for breach of material contractual obligations. Material contractual obligations are obligations whose fulfilment is essential for the proper use of the platform software and on whose compliance the user may regularly rely.
24.3In cases of simple negligence, the liability of ERASMIO shall, to the extent legally permissible, be limited to the foreseeable damage typical for the contract.
24.4ERASMIO shall not be liable for the content, delivery, quality, safety, availability or legal admissibility of courses offered by providers, unless ERASMIO itself is, by way of exception, expressly the provider of the respective service.
24.5ERASMIO shall not be liable for information, content, terms, prices, cancellation tiers or other declarations of providers, schools, organisations or customers, unless ERASMIO has created them itself or expressly adopted them as its own.
24.6ERASMIO shall not be liable for disruptions, outages, delays or errors of third-party providers, in particular payment service providers, hosting providers, communication services, network operators or external interfaces, insofar as ERASMIO is not responsible for them.
24.7The foregoing limitations of liability shall apply correspondingly in favour of the legal representatives, employees, vicarious agents and affiliated companies of ERASMIO.
25. Liability and Indemnification by Providers
25.1Providers are liable for their course offers, content, prices, terms, information, performance obligations, tax obligations, insurance policies, permits, safety concepts and statutory information duties.
25.2Providers shall indemnify ERASMIO against third-party claims arising from or in connection with unlawful provider content, incorrect information, impermissible cancellation terms, infringement of customer rights, performance defects, infringements of intellectual property rights, data protection breaches or other breaches of duty by the provider, insofar as the provider is responsible for such breaches.
25.3The indemnification includes reasonable legal defence costs, insofar as these are necessary and evidenced.
26. Term, Termination and Suspension
26.1The user agreement concerning the platform software is concluded for an indefinite period unless a deviating term has been agreed.
26.2Users may terminate or request deletion of their account in accordance with the functions provided in the platform software, unless statutory retention obligations, open processes, payment claims, security checks or other legitimate reasons prevent this.
26.3ERASMIO may terminate the user agreement ordinarily with 30 days' notice, unless a deviating agreement exists.
26.4The right to extraordinary termination for good cause shall remain unaffected. Good cause exists, in particular, in the event of a material breach of these GTC, misuse, payment default, legal infringement, endangerment of the platform software or repeated breach of material user obligations.
26.5Termination of the user account shall not affect payment claims, billing claims, documentation obligations, statutory retention obligations and rights arising from booking or inquiry processes already created.
27. Amendments to these GTC and the Software Terms
27.1ERASMIO may amend these GTC where this is necessary or appropriate due to changes in law, technical developments, new software functions, changes to the platform structure, security requirements, economic changes or for clarification.
27.2Amendments shall be communicated to users in an appropriate manner. For material amendments, a prior notice period of at least 30 days shall generally apply, insofar as legally permissible and no shorter period is required for mandatory reasons.
27.3If a user objects to an amendment, ERASMIO may terminate or restrict access to affected functions, insofar as continuation on unchanged terms is not possible or reasonable.
27.4The special prior notice and consent provisions in Sections 16 and 17 shall apply to the introduction of fee-based partner school, school administration and planning functions.
27.5Amendments that operate exclusively in favour of the user or are purely editorial in nature may take effect without an objection period, insofar as legally permissible.
28. Assignment, Set-off and Rights of Retention
28.1ERASMIO may transfer rights and obligations under this contractual relationship to an affiliated company or legal successor, provided that the legitimate interests of users are preserved and the transfer is legally permissible.
28.2Users may set off claims against ERASMIO only against undisputed claims or claims that have been finally and legally established, unless mandatory statutory rights provide otherwise.
28.3Rights of retention may be exercised only insofar as they arise from the same contractual relationship, unless mandatory statutory rights provide otherwise.
29. Final Provisions
29.1The law of the Republic of Cyprus shall apply, insofar as mandatory consumer protection provisions of the country in which a consumer has their habitual residence do not conflict with this.
29.2For disputes with entrepreneurs, legal persons under public law or special funds under public law, the registered office of ERASMIO LIMITED shall be the place of jurisdiction, to the extent legally permissible. The statutory places of jurisdiction shall apply to consumers.
29.3Should any provision of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall apply in place of the invalid provision.
29.4The contractual language is German, unless another language has been expressly agreed. In the case of translations, the German version shall prevail, to the extent legally permissible.
29.5ERASMIO is obliged to participate in dispute resolution proceedings before a consumer arbitration body only insofar as there is a statutory obligation to do so or ERASMIO has expressly agreed to such participation.