General terms and conditions of business

Unless other contractual provisions have been agreed, the following General Terms and Conditions [GTC] apply.

§ 1 Definitions and validity of the conditions

The service provider within the meaning of the following terms and conditions is defined as Bildungswerk der rheinland-rheinhessischen Wirtschaft gGmbH (Educational Institute of the Rhineland-Rhine-Hessian Economy). The service provider's customers are referred to as service recipients. These terms and conditions form the basis for all services between the service provider and service recipient. They therefore also apply to all future business relationships, even if they are not expressly agreed upon again. Deviations from these terms and conditions are only effective if confirmed in writing by the service provider.

§ 2 Offer and conclusion of contract

The service recipient will receive a written offer for the seminar or service they request. These offers are all subject to change and non-binding. The contract for the seminar or service is concluded through written acceptance of the offer, through order confirmation by the service provider, or through the mutual signing of a contract in which the individual scope of services and, if applicable, other terms and conditions are regulated. Any supplements, amendments, or ancillary agreements to the contract must be in writing. This also applies to any changes to the written form requirement.

§ 3 Services

The service provider guarantees that the content of the seminars and other services will be designed according to the latest technical and didactic findings. The same applies to the selection of speakers. The scope of the individual services is determined primarily by the contract itself, and secondarily by the offer and other service descriptions (flyers, brochures). Content and/or organizational changes or deviations from the described service (including a possible shortening or extension) may be made before or during the seminar or other service, provided that these changes or deviations do not completely change the core of the service. The service provider is entitled to replace the planned speaker with other, equally qualified individuals if necessary.

§ 4 Participant scripts and additional services

Participant scripts provided by the service provider are included in the agreed fee, unless otherwise agreed. The copyright to the respective scripts and all other seminar materials (including software), regardless of their nature or embodiment, belongs solely to the service provider or, if appropriately stated, to the respective author or manufacturer. Neither the customer nor participants who do not pay for the service themselves are permitted to reproduce the scripts or other seminar materials in whole or in part, to incorporate them into data processing media, to distribute them in any form, and/or to make them accessible to third parties without the written consent of the service provider. All learning materials not expressly provided free of charge by the service provider as participant scripts must be obtained by the service recipient at the recipient's own expense.

Meals, accommodation and other conference costs are not included in the seminar price unless otherwise agreed.

§ 5 Payment conditions

Unless expressly agreed otherwise in the contract, the seminar fee is due without deduction within 14 days of receipt of the invoice. Seminar fees are always due before the start of the seminar. Installment payments are possible in justified exceptional cases within the framework of individual contractual arrangements.

The service recipient must pay the contractually agreed seminar fees and costs in full, even if they miss individual seminar events, regardless of the reason. Content and/or organizational changes and deviations as described in Section 3 also do not entitle the service recipient to a reduction of the agreed seminar fee. The service recipient is only entitled to offset if the counterclaim is undisputed or has been legally established.

§ 6 Withdrawal of the contracting parties

The service provider may withdraw from the contract before the start of the seminar if the minimum number of participants specified in the service offer is not reached or if the seminar is cancelled for other important reasons (force majeure, sudden illness of the speaker). If the service provider cancels an event, the service recipient will receive immediate notification. Any seminar fees paid will be refunded – pro rata for seminars that have already begun.

Liability and damage claims by the service recipient against the service provider are excluded under all circumstances. If the service recipient is a consumer within the meaning of Section 13 of the German Civil Code (BGB) and is entitled to a statutory right of withdrawal, they have the right to withdraw from the contract within two weeks of conclusion of the contract in accordance with Section 355 of the BGB. Cancellations made up to four weeks before the start of the event will incur 40% of the participation fee; cancellations made up to one week before the start of the event will incur 80%. Cancellations made less than one week before the start of the event or arbitrarily terminated during the event will incur the full agreed fee. In these cases, the service recipient remains free to prove that the service provider has suffered less damage. It is possible to send substitute persons. In this case, the service recipient will not be charged a cancellation fee. However, they remain a contractual partner and must contact the substitute person(s) internally regarding any costs incurred. The name(s) of this substitute person(s) must be communicated to the service provider in good time before the start of the event.

Should cancellation fees be incurred for reservations made on behalf of the service recipient [e.g. hotel reservations, seminar rooms, speakers] and catering services, these will be charged in full to the service recipient regardless of the time of cancellation.

§ 7 Liability

The service provider assumes no liability for the intended success of the seminar and/or any intended admission to examinations and/or the passing of such examinations, regardless of their nature. If the seminars take place on the service recipient's premises, the service recipient is responsible for the equipment of the rooms and compliance with safety and accident prevention regulations. For seminars held on the service provider's premises, any liability against both the service provider and its vicarious agents is limited to intent and gross negligence. The service provider is not liable for the service recipient's belongings (cloakroom, training materials, etc.). The respective house rules must be observed.

§ 8 Certificate of Participation

Upon completion of the seminar, the service recipient will receive a certificate of participation or a certificate confirming participation in the seminar and the qualification achieved, if applicable.

§ 9 Data Protection

The service recipient authorizes the service provider to process and store the data about the service recipient received in connection with the contractual relationship within the framework of data protection laws. The service provider uses the service recipient's personal data for contract processing and, if expressly requested, for informational documents. Data will only be transferred if necessary for contract processing. In these cases, however, the scope of the transferred data is limited to the minimum required. The service recipient has a right to information as well as a right to correct, block, and delete his or her stored data.

§ 10 Place of jurisdiction

If the customer is a merchant within the meaning of the German Commercial Code (HGB) or a legal entity under public law, Koblenz is agreed as the exclusive place of jurisdiction for all disputes arising from the contractual relationship.

§ 11 Closing formula

Should any provision of these Terms and Conditions or the contract be or become invalid, this shall not affect the validity of all other provisions or agreements. Any resulting or existing gaps in the contract will be replaced by provisions that most closely approximate the purpose of the contract and the interests of the parties involved.