Title: Don't Fork Over Brokerage Fees Until Enrollment: BGH's Verdict on Study Abroad Brokers
Enrollment Mandates Provisional Fee Payment - Payment for mediator's services becomes due upon admission to the study program.
Hey there! Let's dive into the world of study abroad applications, where a recent legal ruling by the Federal Court of Justice (BGH), based in the German city of Karlsruhe, has shaken things up a bit.
Think you need a little help navigating the intricate process of securing a spot at a foreign university? brokerage firms could be your go-to solution, offering advice on university selection, application assistance, and in-person support once you're enrolled.
But hold on to your wallet! A young fellow hailing from the Munich area learnt this the hard way when he turned to a brokerage firm called StudiMed. StudiMed charged him almost €11,200 for securing him a study place at a university in Bosnia. The catch? Our friend couldn't resist the lure of the offer, but didn't want to commit and, consequently, decided not to pay the anticipated fee.
StudiMed wasn't about to let that go unchallenged. They took the case to court, but their efforts were in vain. The BGH, taking cues from lower courts in Munich, sided with the applicant. They categorized the agreement between the agency and the applicant as a brokerage contract, stipulating that the fee is only due upon the successful conclusion of the contract mediated by the broker — in this case, the study contract with the foreign university.
StudiMed tried to enforce a clause in their agreement that demanded the full remuneration, equivalent to an annual study fee, to be paid upon acceptance of the study place by the university. The BGH nixed that idea, deeming it harmful to the applicant, who shouldn't feel obligated or coerced to accept the study place based on financial pressure. (Az. I ZR 160/24)
So, what's the moral of the story? When it comes to the study abroad brokerage scene, you're on the hook for the success fee only when you've successfully enrolled in your studies. Till then, keep your pockets closed!
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