§1 Contracting Parties
Contracting parties for placements contracts are the participant to be placed and live&learn, Private Company (Pty Limited), owner Dr Antje Nahnsen and Alexander Allavena (hereafter referred to as “live&learn)”, based in Cape Town, South Africa.
§2 Application und Contract Formation
The participant submits a binding offer for a placement contract with live&learn with his/her application. To submit a binding offer the applicant sends the signed live&learn application form as well as other requested application documents to live&learn. If live&learn accepts the offer, the participant receives a written confirmation of the contract formation via email.
§3 Object of Contract and Deliverables
Object of the contract are the goods and services described on live&learn’s website as well as in respective project descriptions. The participant receives a copy of these goods and services and project descriptions respectively. live&learn reserves the right to change minor aspects of the services short notice. Should live&learn need to change major aspects of the services, the participant needs to agree to such changes.
live&learn does not act as a tour operator. The booking of flights to and from South Africa is the responsibility of the participant. Resulting rights and obligations towards others (e.g. the tour operator or travel agency) as well as costs for accommodation, catering, insurances, vaccinations, visas and daily transport to the place of work are not included in the live&learn program fee, but are offered by live&learn partners or others.
The application does not guarantee a placement or an alternative placement. The final decision about offering a placement to an applicant is made by the project partner.
The relationship between the participant and the South African project host is regulated by a separate contract (Internship/Volunteer Agreement or separate Terms&Conditions of the host/project partner).
§5 Due Dates, Payment and Cancellation
With the application the application fee of 125,- Euro is due. The application fee has to be deposited within one week on the following German bank account:
Account Name: Antje Nahnsen
IBAN DE75 2004 1111 0230 9847 00
The placement contract is valid for a period of 12 weeks from the date of contract formation. The duration of 12 weeks is independent from the actual start of the placement. After thorough assessment of the applicant’s application documents live&learn offers the applicant one internship or volunteer placement. Does the applicant not confirm the offer within 7 days of sending the offer to the email or postal address stated in the application documents, the placement cannot be guaranteed for the stated period. If the applicant turns down the first offer, another placement can be made after further consultation with the live&learn team. If live&learn offers at least one placement that matches the area of work the applicant applied for, live&learn is entitled to retain the application fee even if the applicant turns down the offer. The applicant has the right to cancel the placement contract, if live&learn was not able to place the applicant in a suitable project within the 12 week period. In such case, the application fee is paid back to the applicant. The 12 week period starts on the day of receipt of the application fee, and not on the day of receipt of application documents. The 12 week period also applies when the planned start of the internship or volunteer placement lies within the 12 week period. Should the participant cancel the placement contract after the successful placement (the date of receipt of the placement confirmation applies), 100% of the total program fee can be charged. The program fee is due after the successful placement of the applicant. The payment of the total program fee entitles the participant to other goods and services of the live&learn service package as well as the placement.
§6 Legal Entry Requirements
The participant is responsible for adhering to the respective passport, visa, foreign exchange as well as customs regulations. The participant is also responsible for obtaining a valid visa for his stay. Authoritative information is provided by the South African Embassies and Consulates in the home country of the participant. The participant is explicitly pointed to the fact that a timely issue of the visa for stays longer than 90 days cannot be guaranteed by live&learn, in particular for short notice applications. If the visa is denied or not issued in time, the participant has to carry the costs (e.g. live&learn program fee, cancellation of flight and insurances).
§7 Limitation of Liability
live&learn is not liable for the goods and services provided by project partner. live&learn excludes all liabilities for events that fall outside its area of responsibility. The participant travels at his/her own risk. Hence the participant has to maintain a valid health and liability insurance for his stay abroad that covers both work activities as well as recreational activities. live&learn is exempted from any liability in this regard. live&learn also excludes any liability for damages caused by others, in particular any road and general life risks.
§8 Applicable Law /Place of Jurisdiction
South African law applies. Place of jurisdiction is Cape Town, South Africa.
§9 Severability Clause
If any term, provision, covenant or restriction of these Terms&Conditions is held by a court of competent jurisdiction to be invalid, illegal, void, incomplete or unenforceable, the remainder of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction.