§ 1 Scope of application
(1) The following general terms and conditions apply to all legal relationships between the provider and the participant for the attendance of online or classroom courses, webinars or seminars (hereinafter referred to as “course”).
(2) No verbal ancillary agreements have been made. All future amendments to the contract must be recorded in text form; this also applies to the revocation of this text form clause.
§ 2 Conclusion of contract
(1) The contract is concluded with Insa Reuss, Bei den Pferdeställen 8, 72072 Tübingen.
(2) The contract is concluded in person, by means of distance communication or on the provider’s website.
(3) The participant can initially place the courses in the shopping cart without obligation and edit their details to complete the purchase. The participant can correct the courses in the shopping cart and his/her entries at any time by using the navigation buttons provided.
(4) When concluding a contract on the website, the participant submits a binding contract offer by clicking the order button on the website. The contract is then concluded by the provider’s confirmation email, in which the participant also finds these GTC and the revocation instructions attached in text form. If the participant does not receive this email, the provider accepts the contract at the latest when the participant’s payment is debited (e.g. by instant bank transfer, credit card or PayPal) or participation in the course is made possible (depending on which occurs first).
(5) The contract language is German.
(6) A written contract is kept and stored by the provider, but a contract can also be concluded verbally. Contracts on the website are not stored by the provider.
(7) The provider is entitled to withdraw from the contract for the course if there is an important reason in the person of the participant for refusing to participate.
§ 3 Payment/Delay
(1) Unless otherwise agreed, all prices include VAT. Not included are travel, catering or, in the case of online content, any connection costs incurred by the participant.
(2) The participant’s payment of an invoice is due immediately. The participant is advised that he/she will be in default no later than 30 days after receipt of the invoice.
(3) The following payment methods are available to the participant:
- Paypal, here the payment is made via the method agreed by the participant with PayPal, more details can be found in the Paypal terms and conditions.
- Credit card, here the charge is made after acceptance of the contract offer by the provider.
- Prepayment, where the provider gives the participant their bank details.
- Direct debit, here the direct debit takes place after the order confirmation of the provider or otherwise before the date of the course.
- Immediate transfer, here the transfer is executed immediately. The participant needs the same data for this as for his online banking, the details can be found in the dialog when making the instant transfer.
(4) If the Participant incurs charges for a returned direct debit, the Participant shall bear these charges insofar as the Participant was responsible for the returned direct debit, i.e. it was not justified.
(5) The Provider is entitled to check the payment of the course fee by the Participant before the course is held and, if necessary, to request proof of successful payment to the Provider. If the participant does not provide this proof, the provider may demand the course fee in cash from the participant at the venue (any double payment will of course be refunded) or, in the event of non-payment, refuse the participant participation in the course.
§ 4 Course content and location
(1) The illustration and description of the course and the course location on the provider’s website are for illustrative purposes only and are only approximate. No guarantee is given for complete compliance.
(2) The provider is entitled to make adjustments to the content or the course schedule for technical reasons, for example if there is a need to update or further develop the course content, provided that this does not result in a significant change to the course content and the change is reasonable for the participant.
(3) The provider is entitled to replace the announced speaker with an equally qualified speaker if this should be necessary due to the speaker’s inability to attend or for health or other reasons.
(4) The provider is entitled to change the time and place of the announced course, provided that the participant is informed of the change in good time and that the change is reasonable for the participant.
§ 5 Procedure for offline events/exclusion of the participant
(1) The provider has the domiciliary rights in the course premises. The participant must follow the instructions of the provider or its employees.
(2) Unless otherwise announced, it is prohibited to bring and consume your own food and drink in the event rooms.
(3) The participant may not use technical equipment in such a way that other participants or the speaker are disturbed.
(4) In addition, the house rules of the event premises and any other regulations issued by the provider shall apply.
(5) The provider may exclude the participant from further participation in the event if the participant culpably breaches the obligations arising from this section. In the event of gross violations, this may also occur without prior warning.
(6) If the participant is excluded by the provider, the participant is obliged to compensate the provider for any damages incurred as a result. In particular, the participant is not entitled to a full or partial refund of the course fees paid by him.
§ 6 Obligations of the participant for online courses
(1) The participant may only use the course personally and may not make it accessible to third parties, unless otherwise specified.
(2) The participant may not reproduce the contents of the course and store them outside the provider’s course.
(3) The participant receives the access data for the course from the provider or selects such data himself. The purpose of the access data is to prevent unauthorized persons from using the course. If the participant chooses or changes his/her own access data, he/she must ensure that the password is sufficiently secure. Short and easy-to-guess passwords may not be used. These access data must be protected by the participant against unauthorized access by third parties and changed at regular intervals for security reasons. The participant may only store user names and passwords digitally in securely encrypted form.
(4) If the access data is entered incorrectly several times, access may be blocked to protect the subscriber. If the subscriber is responsible for this blocking, he shall be liable for the costs and expenses incurred by the provider as a result of the activation in accordance with the customary and reasonable local costs.
(5) The participant is obliged to inform the provider immediately if the participant becomes aware that third parties have gained access to his/her access data or have otherwise gained access to his/her course. If the participant does not inform the provider immediately, he/she is obliged to compensate the provider for the resulting damage.
§ 7 Availability of the online course
(1) The course is used on the Internet and can only be used in full if the participant has a sufficiently fast Internet connection. The participant is responsible for ensuring this.
(2) The provider strives for the greatest possible availability of the course. However, constant availability cannot be guaranteed and also depends on the functioning of the Internet infrastructure, over which the provider has no influence.
(3) The Provider is entitled to temporarily restrict or completely block the use of the course, in particular for maintenance, care and improvement as well as for other reasons necessary for the Provider’s operations. In doing so, the Provider shall take into account the average interests of the participants as far as possible (e.g. when determining maintenance times). In the event of urgent disruptions, the Provider shall also be entitled to rectify faults during normal business hours.
(4) The Provider shall not be liable for force majeure or operational disruptions occurring at the Provider or the Provider’s subcontractors, e.g. due to riots, strikes or lockouts, which temporarily prevent the Provider from providing the services through no fault of its own. Furthermore, the Provider shall not be liable for data loss or non-availability that could have been easily prevented by the Participant taking suitable precautions in accordance with the rules of technology and his own precautions.
(5) If the Provider is unable to provide the service due to force majeure, the Provider’s obligation to provide the service shall be suspended for as long as the impediment to performance persists.
(6) If the impediment to performance lasts for more than one week, the user has the right to terminate the contract without notice if the fulfillment of the contract is no longer of interest to him as a result of the impediment.
§ 8 Revocation
Consumers have a right of withdrawal, except for digital content, if the consumer has requested the immediate provision of the service by the provider and the provider has informed the consumer of the expiry of the right of withdrawal. For purely online courses, the right of withdrawal expires immediately under these conditions as soon as the consumer has accepted the service (e.g. by logging in or downloading). The refund regulation for services does not apply in this respect.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform us (name, address, email and telephone) by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
If you have requested that the service should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
Revocation by post |
| (If you wish to cancel the contract by post, please send us a letter with the following details). |
– To [here the name, address and, if applicable, the fax number and e-mail address of the entrepreneur must be inserted by the entrepreneur]: – I/we (*) hereby revoke the contract concluded by me/us (*) for the digital content/provision of the following service (*) – Ordered on (*)/received on (*) – Name of the consumer(s) – Address of the consumer(s) – Signature of the consumer(s) (only for notification on paper) – Date |
| (*) Delete as appropriate. |
Revocation form
§ 9 Cancellation of the course
(1) The Provider is entitled to cancel the course if the Provider or a third party service provider engaged by the Provider, in particular the speaker or the event location, is prevented from holding the course on the agreed date, e.g. due to riots, strikes, lockouts, natural disasters, storms, traffic obstructions or illness, which prevents the Provider from holding the course on the agreed date through no fault of its own.
(2) The provider is obliged to inform the participant as soon as possible of any cancellation.
(3) In the event of cancellation in accordance with paragraph 1, the participant shall not be entitled to compensation.
(4) In the event of a cancellation, the provider will offer the participant an alternative date if necessary. If no agreement can be reached, the provider will reimburse the participant for any course fees already paid.
§ 10 Prevention of the participant
(1) If the participant withdraws from the course or refuses to participate for any other reason, the participant must pay the course fees less the expenses saved by the provider as a result of non-participation.
(2) The participant shall receive a further refund if the course was nevertheless fully booked, provided the number of members was limited, or the participant fulfills the requirements of paragraph 3. In this case, the provider shall reimburse the participant for the course fees already paid less the costs incurred by the participant.
(3) The participant is entitled to nominate a substitute participant instead, provided that this substitute participant fulfills any requirements for the course and is reasonable for the provider. The substitute participant does not have to be accepted by the provider, but the participant is released from the payment of the course fee by providing a substitute participant in accordance with sentence 1, unless the services have already been provided on a pro rata basis. In this case, the provider will refund the course fees in full or in part. The provider is entitled to charge a processing fee of € 15 incl. VAT if he transfers the services to the substitute participant.
§ 11 Copyright and industrial property rights, recordings
(1) All of the provider’s event documents are protected by copyright. This applies to the provider’s content on its website, lectures, presentations, scripts and other event documents. The participant is not entitled to reproduce, distribute or publicly reproduce such documents.
(2) The participant is not entitled to make image, film or sound recordings of the event without the express permission of the provider.
(3) The participant agrees that the provider may make image, film and/or sound recordings of the event with reproduction of the participant and use them for advertising purposes. The participant is entitled to revoke or restrict this consent at any time.
§ 12 Liability of the provider
(1) The provider shall not be liable for slightly negligent breaches of duty unless these relate to essential contractual obligations or the provider has assumed a guarantee for the fulfillment of this obligation or the success that did not occur due to the breach of duty. This also applies to corresponding actions of the provider’s vicarious agents and organs.
(2) This exclusion of liability shall not apply if the damage consists of injury to life, limb or health or if claims under the Product Liability Act are affected.
(3) The provider has organizer liability insurance. Insofar as this occurs, the exclusion of liability in accordance with paragraph 1 of this section applies with the proviso that the claim for damages in each individual case is limited to a maximum total of EUR …………
(4) Any liability of the Provider arising from a grossly negligent breach of duty or a grossly negligent tortious act shall be limited to the damage foreseeable for the Provider.
(5) This paragraph applies accordingly to tortious acts of the provider’s employees and vicarious agents.
(6) Any items brought onto the course premises are at the risk of the participant. The provider accepts no liability for loss, destruction or other damage, unless the provider is guilty of gross negligence or intent.
(7) The provider is not liable for the content of external links on the provider’s website, in particular not for advertising information provided by the provider of the course rooms and/or the speakers.
(8) In the case of content presented online, the provider shall only be liable for the proper feeding of the data into the Internet at its access point. The provider is not liable if the properly fed data does not reach the subscriber in sufficient quality. In particular, the provider is not liable for the subscriber’s reception configuration or errors made by network operators.
§ 13 Data protection
(1) Contract data (e.g. name, address and e-mail address, any services used and all other data transmitted electronically or for storage that are necessary for the execution of the contract) are collected for the contract in accordance with Art. 6 para. 1 lit. b GDPR, insofar as they are necessary for the establishment, content or amendment of a contract.
(2) The contract data will only be passed on to third parties if this is necessary (in accordance with Art. 6 para. 1 lit. b GDPR) for the performance of the contract, if this corresponds to the overriding interest in effective performance (in accordance with Art. 6 para. 1 lit. f GDPR) or if consent (in accordance with Art. 6 para. 1 lit. a GDPR) or other legal permission has been granted. The data will not be transferred to a country outside the EU unless the EU Commission has established a level of data protection comparable to that in the EU, consent has been given or the standard contractual clauses have been agreed with the third-party provider.
(3) Data subjects can request information about the stored personal data free of charge at any time. You can request the correction of incorrect data at any time (also by supplementing it) as well as the restriction of its processing or the deletion of your data. This applies in particular if the purpose of the processing has expired, a required consent has been revoked and no other legal basis exists or the data processing is unlawful. The personal data will then be corrected, blocked or deleted immediately within the legal framework. You have the right to withdraw your consent to the processing of personal data at any time. This can be done by informal notification, e.g. by email. The revocation does not affect the legality of the data processing carried out up to that point. The transfer of contract data in machine-readable form may be requested. If an infringement of the law is feared as a result of the data processing, a complaint can be lodged with the competent supervisory authority.
(4) In principle, the data will only be stored for as long as required for the purpose of the respective data processing. Further storage may be considered in particular if this is still necessary for legal prosecution or for legitimate interests or if there is a legal obligation to retain the data (e.g. tax retention periods, statute of limitations).
§ 14 Place of jurisdiction/final provisions
(1) The European Commission provides a platform for online dispute resolution (ODR). You can find the platform at http://ec.europa.eu/consumers/odr.
(2) Before conducting court proceedings, participants and providers are obliged to attempt to settle the dispute by mediation. The parties shall agree on a mediator for this purpose, whereby in particular those providers shall be selected who – where available – offer online mediation. If the parties fail to agree on a mediator, the mediator shall be appointed by the President of the Bar Association or his representatives at the registered office of the provider with binding effect for the parties.