General Terms Tutorials DAD Consulting Berlin
GTCs of DAD Consulting Berlin
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Section 1 General – Scope
1.1 These GTCs apply to all contracts for training, seminars, short and long-term courses, continuing education, as well as in-house and similar contracts (hereinafter referred to as course contracts) between DAD Consulting Berlin and the client or course participant. We do not recognize any deviating GTCs from the client unless we have expressly agreed to their validity in writing.
1.2 All agreements between the organiser and the client or course participant are set out in the course contract and in these GTCs. There are no subsidiary agreements, supplements or amendments to the contract and to these provisions, unless they have been agreed with the organiser in writing.
1.3 If the masculine form is used in the provisions of these GTCs, this is simply for linguistic simplification. The provisions apply equally to female participants and for legal entities.
Section 2 Offering – Registration – Conclusion of contract
2.1 The organiser’s offerings are subject to change. This applies in particular to the organiser’s information on its website regarding the content, time, location, management, implementation and duration of the courses offered.
2.2 Registrations of the client or course participant are binding as an offering according to Article 145 of the German Civil Code [Bürgerliches Gesetzbuch, BGB]. Provided that the client or course participant meets the participation requirements, registration must take place at least 6 weeks prior to the start of the course. Registration for the courses must be in text form – by e-mail to email@example.com, by letter or by fax. In addition, the organiser has downloadable registration forms on its website, which must be completed in full, signed and sent to the organiser: as an e-mail attachment, by post or fax to the address or the fax number given on the website. Registration obliges the client or course participant to pay the course fees specified by the organiser.
2.3 The organiser confirms to the client or course participant the receipt of their registration with an order confirmation or invoice.
The course contract is concluded only once the organiser confirms the registration of the client or course participant.
Section 3 Information about the right of revocation
3.1 In accordance with Article 13 of the German Civil Code [Bürgerliches Gesetzbuch, BGB], consumers have the right to revoke their registration within 14 days without giving any reasons.
The period is fourteen days from the day of the conclusion of contract.
In order to exercise the right of revocation, a clear declaration to revoke the declaration must be sent (e.g. a letter sent by post, fax or e-mail) to DAD Consulting Berlin, Johann-Landefeldt-Str. 23, 14089 Berlin, Germany, firstname.lastname@example.org.
In order to observe the revocation period, it is sufficient that you send the notification to exercise the right of revocation before the end of the revocation period.
Consequences of revocation:
If the contract has been effectively cancelled, DAD Consulting Berlin will refund any payments already made within 14 days. If the right of revocation is exercised during an ongoing event, DAD Consulting Berlin must be paid an appropriate proportion of the agreed fee. The amount is based on the proportion of the services already rendered in relation to the overall scope of the service agreed in the contract.
End of the instruction concerning the right of revocation.
Section 4 Withdrawal before the start of a course
4.1 The client or course participant may – irrespective of their statutory right of revocation – revoke their participation in the respective course or event within the revocation period. Cancellation of seminar participation is possible up to 30 days before the seminar date without the seminar fee being charged. Thereafter, cancellation is no longer possible. Cancellations are subject to a cancellation fee as follows:
– for cancellations less than 30 days before the start of the seminar, 50% of the seminar fee
– for cancellations up to 8 days before the start of the seminar, 75% of the seminar fee
If there is no cancellation or only after the start of the event, the full seminar fee is due, even if the seminar offer is not taken up.
4.2 The client or course participant has the possibility of nominating a substitute participant to the organiser in due time by the beginning of the course, who instead enters into the rights and obligations arising from the course contract. The organiser may refuse the substitute participant’s entry into the contract in case of justified interest. If the substitute participant enters the course contract with the organiser’s consent, the substitute participant and the original course participant are liable to the organiser as joint debtors for the course fee due and the additional costs incurred due to the entry of the third party. The organiser ’s pro-rata claims against the participant referred to in paragraph 4.1 cease to apply when the third party enters into a contract.
4.3 This does not affect the course participant’s right to extraordinary termination for an important reason.
Section 5 Prices – Terms of payment – Offsetting
5.1 By registering, the client or course participant undertakes to pay the course fees incurred for the courses, training sessions or other events they select. The amount of the fees to be paid can be found in the organiser’s quotations. Payment of the course fee has to be made by bank transfer to the account specified by the organiser.
5.2 The course fees are payable to the organiser 14 days after invoicing, but no later than the start of the respective event.
5.3 The total costs of a long-term course or continuing education are to be paid by the course participant within the term, optionally as partial or annual instalments, the appropriate amount of which the organiser determines in advance. The first partial or annual instalment must also be paid no later than 14 days prior to the start of the course, or if enrolment is less than 14 days prior to the start of the course, then no later than the start of the long-term course.
5.4 The legal provisions apply to the occurrence and consequences of a delay in payment by the client or course participant.
5.5 Administrative fees of € 50.00 are charged for issuing a duplicate confirmation of participation / certificate / reference, payable in advance after invoicing.
Section 6 Services rendered by the organiser – reservation of the right to make amendments
6.1 The courses offered by the organiser are regularly held in groups of between 8 and 15 participants. The courses are practical, participant and goal-oriented. The core aim of the teaching event is to impart specialist knowledge, to lead group discussions as well as theoretical and practical (small group) work. Any teaching materials required, including the intended work equipment, is provided by the organiser. Furthermore, the organiser monitors learning success, corrects the practical tasks prepared by the course participants within a reasonable time and provides participants in the lessons with the instructions they recognised to need.
6.2 At its reasonable discretion, the organiser reserves the right to change the trainer appointed within the framework of its right to determine the service to be exercised, unless an express agreement has been made with the client or course participant regarding the trainer appointed.
6.3 The organiser also reserves the right to postpone courses or change their content if necessary for organisational or other important reasons and if this can reasonably be expected of the client or the participant.
Organisational or important reasons for course changes from the organiser particularly exist if the trainer intended according to the planning and course description is absent due to illness and no substitute trainer is available in time or the minimum number of 8 participants is not attained. The reasonableness of such course changes in particular assumes that the achievement of the course objective specified in the course and service description is not jeopardised. The course participant is immediately informed about any change by the organiser.
6.4 If a course change pursuant to paragraph 6.3 is not possible for the organiser for organisational or other important reason, the organiser reserves the right to cancel the course, of which the course participant would be informed immediately and in good time prior to the start of the course. In this case, all services already rendered would be refunded to the course participant. There are no further claims against the organiser.
Section 7 Confirmations of participation and certificates
7.1 The course participant receives confirmation of participation.
7.2 Awarding of certificates is subject to the conditions set out in the respective course description for the long-term course or the continuing education event. This includes the complete and successful participation in all course sections.
7.3 The organiser may refuse to issue the certificate until full payment has been made if the client or course participant is in default of payment of the invoice.
Section 8 Termination
The organiser has the right to extraordinary termination for an important reason. Termination must be issued in writing. An important reason, which entitles the organizer to terminate the contract, exists in particular if the client or course participant seriously violates the provisions of the organiser’s house rules or permanently disrupts the organiser’s lesson or course one or more times, and taking into account all circumstances of the individual case, the organiser cannot be expected to continue the contractual relationship until the expiry of the ordinary notice period, as applicable. An important reason
for extraordinary termination by the organiser also exists if the client or course participant does not fulfil their obligation to pay the due course fee despite a reminder and a reasonable payment deadline.
Section 9 Liability
9.1 The organiser is liable to the client or course participant in the event of culpable injury to life, limb or health in accordance with statutory provisions. In addition, regardless of the legal nature of the asserted claim, the organiser is only liable if the damage was caused by wilful or grossly negligent conduct or breach of duty by a legal representative or vicarious agent. If the organiser does not breach its contractual obligations wilfully, the liability for damages is limited to foreseeable, typically occurring damage. The organiser is also liable for minor negligence if they breach an essential contractual obligation. In the event of a breach of an essential contractual obligation that determines the content of the contract and it is possible to implement it in the first place, liability is also limited to foreseeable, typically occurring damage.
9.2 If the organiser’s liability is excluded or limited pursuant to paragraph 9.1, this also applies with regard to the personal liability for damages of its legal representatives, salaried personnel, employees, associates and vicarious agents.
Section 10 Copyrights
The organiser reserves the right to the teaching materials that it distributes to clients or course participants within the framework of the courses. Confirmations of participation and certificates issued by the organiser are also subject to copyright. The client or course participant is permitted to copy the organiser’s teaching material, especially course documents, scripts and other documents provided for teaching purposes, for private and other internal use, but not to copy and pass on teaching material to third parties for direct or indirect commercial purposes.
Section 11 Data protection
11.1 The organiser collects data from the client or course participant in the course of processing contracts. In particular, it observes the provisions of the German Federal Data Protection Act [Bundesdatenschutzgesetz, BDSG], the European General Data Protection Regulation (GDPR) and the German Telemedia Act [Telemediengesetz, TMG].
Without the consent of the client or course participant, the organiser collects, processes or uses the client’s stock and usage data only to the extent necessary for processing the contractual relationship and for accepting and billing telemedia.
11.2 As DAD Consulting Berlin, we provide a wide variety of educational services and the associated settlement and other services. We can only provide our educational services in close cooperation between clients, ourselves and other service providers (for example, external instructors). The necessary information about the respective client (this may also include data on personal learning and activity history) may be stored by us before concluding the contract for the purpose of educational counselling.
11.3 If the collection and processing of personal data from the client or course participant takes place in connection with booking an educational service, we use this data within the scope of the purpose of the contractual relationship to process the associated services. For this purpose, it may also be necessary to pass on data such as lists of names to instructors, but also to the certifying professional societies or employment agencies. If the client or course participant pays by direct debit or receives a credit note from us, we pass on their bank details to our bank.
11.5 We also use the data from the client or course participant to send information about our offering and other promotions to the e-mail or postal address provided by them. This only takes place with the consent of the client or course participant.
Section 12 Applicable law and place of jurisdiction
12.1 The legal relationship between the organiser and the client or course participant is governed exclusively by the laws of the Federal Republic of Germany.
12.2 If the client or course participant is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the client and the organiser is the organiser’s registered office. The organiser is also entitled to take legal action against the client or course participant at their place of residence.
Section 13 Severability clause
Should individual provisions of these terms and conditions be or become invalid in whole or in part, this does not affect the validity of the remaining provisions and the contract. The invalid provision is to be replaced by the legal provision that corresponds to the meaning and purpose of the contract as well as the economic purpose and interests of the contracting parties.