GTC

Table of contents

  1. Scope of application, definitions
  2. Services of the organiser
  3. Conclusion of contract
  4. Right of cancellation for consumers
  5. Prices and terms of payment
  6. Authorisation to participate, transfer of contract
  7. Falling below the minimum number of participants
  8. Change or cancellation of the event
  9. Contract term and cancellation
  10. Teaching material
  11. Liability
  12. Applicable law
  13. Place of jurisdiction
  14. Alternative dispute resolution

1) Scope of application, definitions

1.1 These General Terms and Conditions (hereinafter "GTC") of LanCologne UG (haftungsbeschränkt) (hereinafter "Organiser") apply to all contracts for participation in courses / seminars (hereinafter "Event") that a consumer or entrepreneur (hereinafter "Customer") concludes with the Organiser with regard to the Events presented on the Organiser's website. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.

2) Services of the organiser

2.1 The organiser only offers face-to-face events. The content of the event can be found in the respective course description on the organiser's website.

2.2 In the case of face-to-face events, the organiser shall provide its services exclusively in personal contact with the customer and in premises selected by the customer for this purpose. Unless otherwise stated in the organiser's course description, the customer is not entitled to select a specific venue for the desired event.

2.3 The organiser shall provide its services using qualified personnel selected by it. The organiser may also use the services of third parties (subcontractors) who work on its behalf. Unless otherwise stated in the organiser's course description, the customer is not entitled to select a specific person to carry out the desired event.

2.4 The organiser provides its services with the utmost care and to the best of its knowledge and belief. However, the organiser does not guarantee a specific outcome. In particular, the organiser does not guarantee that the customer will achieve a specific learning outcome or that the customer will achieve a specific performance target. This depends not least on the personal commitment and will of the customer, over which the organiser has no influence.

3) Conclusion of contract

3.1 The customer can send a non-binding request for an offer to the organiser by telephone, fax, e-mail, letter or via the online contact form provided on the organiser's website. At the customer's request, the organiser shall send the customer a binding offer for the event previously selected by the customer by e-mail, fax or letter. The customer can accept this offer by submitting a declaration of acceptance to the organiser by fax, e-mail or letter or by paying the remuneration offered by the organiser within 7 (seven) days of receipt of the offer, whereby the day of receipt of the offer is not included in the calculation of the deadline. The date of receipt of payment by the organiser is decisive for acceptance by payment. If the last day of the period for acceptance of the offer falls on a Saturday, Sunday or a public holiday recognised by the state at the customer's place of business, the next working day shall take the place of such a day. If the customer does not accept the organiser's offer within the aforementioned period, the organiser shall no longer be bound by its offer. The organiser shall again specifically point this out to the customer in his offer.

3.2 If the customer registers further participants for an event, he undertakes to be responsible for the contractual obligations of all participants registered by him, provided that he makes a corresponding declaration at the time of registration.

4) Right of cancellation for consumers

Consumers are generally entitled to a right of cancellation. Further information on the right of cancellation can be found in the organiser's cancellation policy.

5) Prices and terms of payment

5.1 Unless otherwise stated in the organiser's offer, the prices quoted are total prices that include statutory VAT.

5.2 Costs for travel, accommodation and meals for face-to-face events are not included in the price and must be borne by the customer, unless otherwise stated in the organiser's course description.

5.3 The payment options are communicated to the customer on the organiser's website.

5.4 If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed a later due date.

6) Authorisation to participate, transfer of contract

6.1 Only the person named in the registration confirmation is authorised to participate. A transfer of the contract to a third party is only possible with the organiser's consent.

6.2 If a third party enters into the contract between the customer and the organiser, he and the customer shall be jointly and severally liable to the organiser for the participation fee and any additional costs incurred as a result of the entry of the third party.

7) Falling below the minimum number of participants

7.1 The organiser may specify a minimum number of participants for its courses. If a minimum number of participants is set, the organiser will expressly indicate this in the course description.

7.2 If the minimum number of participants is not reached, the organiser may withdraw from the contract by giving notice to the customer no later than seven days before the start of the course. The organiser shall notify the customer of the cancellation immediately after becoming aware that the number of participants has not been reached, at the latest seven days before the start of the course.

7.3 If the organiser exercises its right of withdrawal in accordance with the above paragraph, the customer may demand participation in another event of at least equal value if the organiser is able to offer such an event from its range at no extra cost to the customer. The customer must assert his request to the organiser immediately upon receipt of the organiser's declaration.

7.4 If the customer does not exercise his right in accordance with the above paragraph, the organiser shall immediately refund any participation fee already paid to the customer.

8) Change or cancellation of the event

8.1 The organiser reserves the right to change the time, location, course instructor and/or content of the event, provided that the change is reasonable for the customer, taking into account the interests of the organiser. Only insignificant changes to services that become necessary after conclusion of the contract and were not brought about by the organiser in bad faith are reasonable. The organiser shall inform the customer in good time of any changes to the time, location, instructor and/or content of the event.

8.2 In the event of a significant change in performance, the customer may withdraw from the contract free of charge or instead demand participation in another event of at least equal value if the organiser is able to offer such an event from its range at no extra cost to the customer.

8.3 The customer must assert the rights in accordance with the above paragraph immediately after informing the organiser of the change to the service.

8.4 The organiser is entitled to cancel the event at short notice for important reasons, such as force majeure or illness of the course instructor, against full reimbursement of any participation fee already paid. The organiser will endeavour to find an alternative date if the event is cancelled.

9) Contract term and cancellation

9.1 The right of the organiser and the customer to terminate the contract for good cause remains unaffected. Good cause shall be deemed to exist if the cancelling party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all circumstances of the individual case and weighing the interests of both parties.

9.2 Cancellations must be made in writing or in text form (e.g. by e-mail).

10) Teaching material

10.1 The organiser is the owner of all rights of use that are required to hold the event. This also applies with regard to teaching materials that may be provided to the customer in connection with the event.

10.2 The customer may only use the content of the event, including any teaching materials provided, to the extent necessary in accordance with the contractual purpose agreed by both parties. In particular, the customer is not entitled to record the event or parts thereof or to reproduce, distribute or make publicly accessible teaching materials without the organiser's separate permission.

11) Liability

The organiser shall be liable to the customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

11.1 The organiser is liable without limitation for any legal reason

  • in the event of intent or gross negligence,
  • in the event of wilful or negligent injury to life, limb or health,
  • on the basis of a guarantee promise, unless otherwise agreed,
  • due to mandatory liability such as under the Product Liability Act.

11.2 If the organiser negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the organiser according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.

11.3 Any further liability of the organiser is excluded.

11.4 The above liability regulations also apply with regard to the organiser's liability for its vicarious agents and legal representatives.

12) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

13) Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the organiser's place of business. If the customer is domiciled outside the territory of the Federal Republic of Germany, the organiser's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the organiser is in any case entitled to appeal to the court at the customer's place of business.

14) Alternative dispute resolution

14.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

14.2 The organiser is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.