General Terms and Conditions for our Teacher Trainings
Table of contents
- Scope, Definitions
- Services of the Organizer
- Conclusion of the Contract
- Prices & Terms of payment
- Right to participate, Transfer of Contract
- Deviation of the minimum number of participants
- Modification or Cancellation of the Event
- Contractual right of withdrawal (cancellations)
- Teaching Material
- Applicable Law, Place of Jurisdiction
- Alternative dispute resolution
1) Scope of application, Definitions
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Freigeist Products GmbH (hereinafter referred to as "Organiser") apply to all contracts for participation in courses/seminars (hereinafter referred to as "Event") which a consumer or entrepreneur (hereinafter referred to as "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 objected to, unless otherwise agreed.
1.2 Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity.
2)Services of the Organizer
2.1 The organizer exclusively offers classroom events. The content of the event can be found in the course description on the organiser's website.
2.2 In the case of classroom events, the Organiser shall provide its services exclusively in personal contact with the customer and in premises selected by it for this purpose. Unless otherwise stated in the course description of the organizer, the customer is not entitled to the selection of a specific location for the execution of the desired event.
2.3 The Organiser shall provide his services through qualified personnel selected by him. The Organiser may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the course description of the organizer, the customer is not entitled to the selection of a specific person to carry out the desired event.
2.4 The Organiser shall perform his services with the greatest care and to the best of his knowledge and belief. However, the organizer does not owe a certain success. In particular, the organizer does not guarantee that the customer will achieve a certain learning success or that the customer will achieve a certain performance goal. This depends not least on the personal commitment and will of the customer, over which the organizer has no influence.
3) Conclusion of Contract
3.1 The events described on the website of the Organiser are not binding offers on the part of the Organiser, but serve to submit a binding offer by the Customer.
3.2 3.2. The customer may submit his offer via the online registration form provided on the website of the Organiser. After having entered his data in the registration form, the customer submits a legally binding contractual offer with regard to the selected event by clicking the button completing the registration process.
3.3 The Organiser may accept the Customer's offer within five days,
- by sending the customer a written confirmation of registration or a confirmation of registration in text form (fax or e-mail), whereby the receipt of the confirmation of registration by the customer is decisive, or
- by requesting payment from the customer after submission of the customer's contractual statement.
If several of the aforementioned alternatives exist, the contract shall come into existence at the point in time at which one of the aforementioned alternatives occurs first. If the organiser does not accept the customer's offer within the aforementioned period, this shall be deemed as a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent. The same applies in the event that the event selected by the customer begins before the expiry of the acceptance period and the organizer does not accept the customer's offer at the latest 24 hours before the beginning of the event, unless otherwise agreed between the parties.
3.4 The period for acceptance of the offer shall commence on the day following dispatch of the offer by the Customer and shall end on the expiry of the fifth day following dispatch of the offer.
3.5 When registering via the Organiser's website, the text of the contract shall be stored by the Organiser after the conclusion of the contract and shall be sent to the Customer in text form after dispatch of the Customer's order. The organizer shall not make the contract text accessible beyond this.
3.6 Before binding submission of the offer via the online registration form of the organizer, the customer can continuously correct his entries via the usual keyboard and mouse functions.
3.7 Only the German language is available for the conclusion of the contract.
3.8 If the customer registers further participants for an event, he undertakes to also assume responsibility for the contractual obligations of all participants registered by him, provided he makes a corresponding declaration when registering.
4) Prices and Terms of Payment
4.1 Unless otherwise stated in the organiser's offer, the prices quoted are total prices which include statutory value-added tax.
4.2 Costs for travel, accommodation and meals for classroom events are not included in the price and shall be borne by the customer, unless otherwise stated in the course description of the organizer.
4.3 The customer has various payment options at his disposal, which are indicated on the Organiser's website.
4.4 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.6 If the payment method „SOFORT“ s selected, payment shall be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as „SOFORT“). In order to be able to pay the invoice amount "SOFORT", the customer must have an online banking account with PIN/TAN procedure that has been activated for participation in "SOFORT", legitimise himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can call up more detailed information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/ abrufen.
5) Right to participate, transfer of contract
5.1 Only the person named in the registration confirmation is entitled to participate. A transfer of the contract to a third party is only possible with the consent of the Organizer.
5.2 If a third party enters into the contract between the customer and the organizer, he and the customer shall be jointly and severally liable to the organizer for the participation fee and any additional costs incurred as a result of the entry of the third party.
6) Underrun of the minimum number of participants
6.1 The organizer can determine a minimum number of participants for his courses. If a minimum number of participants is determined, the organizer will expressly point this out in the course description.
6.2 If the minimum number of participants is not reached, the organizer may withdraw from the contract by declaring this to the customer no later than seven days before the start of the course. The organizer will notify the customer of the cancellation immediately after the number of participants has not been reached, at the latest seven days before the start of the course.
6.3 If the organizer makes use of his right of withdrawal in accordance with the above clause, the customer may demand participation in another event of at least equal value if the organizer is in a position to offer such an event from his offer without additional charge for the customer. The customer must assert his request immediately after receipt of the organizer's declaration.
6.4 If the customer does not exercise his right in accordance with the above paragraph, the Organiser shall immediately refund to the customer any participation fee already paid.
7) Modification or cancellation of the event
7.1 The organizer reserves the right to change the time, place, course instructor and/or content of the event, provided that the change is reasonable for the customer, taking into account the interests of the organizer. Only insignificant changes in performance which become necessary after conclusion of the contract and which were not brought about by the Organiser in bad faith shall be deemed reasonable. In the event of a change of time, place, course instructor and/or content of the event, the Organiser shall inform the Customer thereof in good time.
7.2 In the event of a substantial change in services, the customer may withdraw from the contract free of charge.
7.3 The customer must assert the rights in accordance with the above clause to the Organiser immediately after being informed of the change in performance.
7.4 The organizer 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. If the event is cancelled, the Organiser shall endeavour to arrange an alternative date.
8) Contractual right of withdrawal (cancellations)
Irrespective of any existing statutory right of revocation, the organizer grants the customer the right to cancel his registration for an event of the organizer free of charge in accordance with the following provisions (contractual right of revocation):
8.1 The customer may cancel his registration up to 90 days before the beginning of the booked event without giving reasons by submitting a declaration to the organizer in text form (e.g. e-mail). The date of receipt of the declaration by the organizer is decisive for compliance with the cancellation period. If the customer cancels his registration in due time, the organizer will refund any participation fee already paid in full within a period of two weeks from receipt of his declaration. For this purpose, the organizer may use the same means of payment that the customer has used for his payment to the organizer. After this period, you can rebook to another date (Little Bird Price) if necessary. A refund is no longer possible.
8.2 Any existing statutory right of withdrawal of the customer shall not be restricted by the aforementioned right of withdrawal.
9) Teaching Material
9.1 The organizer is the owner of all rights of use necessary for the execution of the event. This shall also apply with regard to training documents which may be provided to the customer in connection with the event.
9.2 The customer may only use the contents of the event, including any training documents provided, to the extent that this is necessary in accordance with the contractual purpose on which both parties are based. In particular, the customer shall not be entitled to record the event or parts thereof or to reproduce, distribute or make publicly accessible training documents without the separate permission of the organizer.
The organizer shall be liable to the customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
10.1 The organizer is liable without limitation for any legal reason
- in case of intent or gross negligence,
- in the event of intentional 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.
10.2 If the organizer negligently violates an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability is assumed in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the organizer in accordance with its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and the observance of which the customer may regularly rely on.
10.3 Any other liability on the part of the Organiser is excluded.
10.4 The above liability provisions shall also apply with regard to the liability of the Organiser for its vicarious agents and legal representatives.
11) Applicable law, place of jurisdiction
11.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties.
11.2 If the customer acts as a merchant, legal entity under public law or special fund under public law with registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the organizer. If the customer is domiciled outside the territory of the Federal Republic of Germany, the place of business of the organizer shall be the exclusive place of jurisdiction for all disputes arising from this contract. In the aforementioned cases, however, the organizer is entitled in any case to appeal to the court at the customer's place of business.
12) Alternative dispute resolution
12.1 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 out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
12.2 The organiser is neither obliged nor willing to participate in a dispute settlement procedure before a consumer mediation body.