General Terms and Conditions for Courses
Huetter MC Management Consulting Deutschland GmbH
- subsequently Provider -
§ 1 Scope of Application
(1) The services of the Provider offered at www.npo-academy.com in the context of planning and executing courses are carried out exclusively on the basis of the following terms and conditions in the version that is valid at the time the contract is concluded.
(2) The terms and conditions of the Provider apply exclusively. Terms and conditions of the buyer that differ from our terms and conditions have no validity unless we expressly agree to them.
§ 2 Registration
(1) The courses offered by the Provider on the Internet represent a non-binding invitation to the customer to conclude a contract. By sending in the registration form, the customer makes a binding offer to conclude a contract.
(2) Registration for the courses that are the object of the contract is possible over the Internet and by fax as well as by post. By registering, the participant agrees to the validity of these terms of participation. Registrations shall be taken into consideration in the order in which they are received.
(3) The Provider can accept this offer within five workdays by sending a confirmation of registration. The Provider shall inform the customer of a rejection, for example due to reaching the maximum number of participants, in a text form (e-mail, fax).
§ 3 Prices / Corporate Discount
(1) The participation fee is due without deduction after receipt of the invoice before the beginning of the event. Payment obligation exists independent of actual participation in the courses, unless this is due to the fault of the Provider. The customer’s statutory right of withdrawal is not restricted by this.
(2) If the customer defaults on payment, then we are entitled to charge interest on arrears in the amount of 5 percentage points above the base lending rate of the European Central Bank. For legal transactions between entrepreneurs, the interest rate is eight percentage points above the base lending rate. In the event that we assert higher damages, the buyer has the opportunity to prove that the damages being asserted were not incurred at all or at least to a significantly lesser extent.
(3) The prices shown on the website of the Provider at the time of the conclusion of the contract apply. The prices are understood to include the respective statutory value added tax. The participant fee covers the costs for attendance, the materials and refreshments during breaks. Unless specified otherwise, overnight stays are not included in the participant fee.
(4) If multiple participants of a company attend the same event, the participant fee is reduced by 10% for the 2nd and each additional participant. We would be happy to inform you of current funding opportunities for employee qualification.
§ 4 Course Materials
(1) Conference and course materials shall be provided by the Provider and are included in the fee agreed on unless shown otherwise in the course information of the Provider.
(2) All rights to the course material are expressly reserved, including those for translation, reprints and duplication. Participants are not permitted to process, duplicate, distribute or publically reproduce course materials outside the limits of the copyright without the written consent of the Providers.
§ 5 Confirmations of Attendance / Examinations
If more than 75% of the event in question is attended by the participant, we will issue confirmations of attendance free of charge. Generally, participants are only allowed to take examinations if they have attended at least 75% of the prior event.
§ 6 Cancellation, Withdrawal
(1) Your right of cancellation shall expire prematurely if the agreement, at your express request, has been executed in full by both parties prior to your exercising your right of cancellation.
(2) Withdrawal from the contract must be made in writing. For withdrawal up to 21 weekdays before the beginning of the event, 50% of the participant fee shall be due. For withdrawal as of the 4th weekday before the beginning of the event, the full participant fee is due. The date on which the Provider receives written declaration of withdrawal is decisive. The statutory right of cancellation that exists for consumers remains unaffected by this.
(3) Substitution of the registered participant by another person is possible if a substitute attendee is nominated who is suitable for the target group and who attends the event and pays the participation fee. The substitute must be named to the Provider without delay and in writing.
§ 7 Cancellation of Courses, Right to Changes
(1) The Provider reserves the right to cancel the event due to the minimum number of participants not being reached at the latest 10 days before the scheduled event date, or for other, important reasons for which the Provider is not responsible (e.g. sudden illness of the instructor, force majeure). The participant shall be notified of this at short notice and in writing.
(2) Participant fees already paid shall be refunded in the event of a course being cancelled. Further claims for liability and compensation not relating to injury to the life, limb or health of the participant are excluded, unless there is intent or gross negligence involved. There is no liability for indirect damages and in particular for lost profit or claims of third parties.
(3) The Provider is entitled to make necessary changes to or deviations from the content, methodology and organisation before or during the event if they do not substantially change the benefits of the announced event to the participant. The Provider is entitled to substitute an equally qualified instructor for the appointed instructor in the event of an important reason such as illness or an accident. Any claim for compensation for this is excluded.
§ 8 Liability
(1) In the case of slight negligence of duty, the liability of the Provider as well as the Provider’s vicarious agents shall be limited to the average, foreseeable, typical and direct damages relating to the type of contract. In the case of slightly negligent violations of non-essential contractual duties, the violation of which does not endanger the execution of the contract, we as well as our vicarious agents shall not be liable.
(2) The above limitations on liability do not apply to claims pursuant to product liability or warranty as well as to claims for physical or health injury as well as to the loss of your life.
(3) The Provider is not liable for the loss or theft of any items brought into the classrooms.
(4) The Provider is not liable for any intended success related to the event (for example admission to examinations, positive completion of examinations, and so on) on the part of the participant.
§ 9 Data Protection
The Provider shall treat your personal data confidentially and in accordance with the legal data protection regulations as well as our own data protection principles. Your data will not be passed on without your express consent or rather only within the context of the necessary execution and processing of the contract.
§ 10 Applicable Law, Place of Jurisdiction
(1) The law of the Federal Republic of Germany is applicable.
(2) If the contracting parties are merchants, then the court at our location in Berlin is responsible provided that an exclusive jurisdiction is not justified for the dispute. This also applies if the participant has no place of residence within the European Union.
§ 11 Final Clause
Should one of the provisions of this contract be or become invalid or impracticable, this shall not affect the remaining provisions of the contract.
Version: September 2016