General Terms and Conditions
Contractual Terms and Conditions within the framework of agreements concluded via the platform https://pocketproject.thomashuebl.com
Sharing the Presence e.V. Wardenburgerstr. 24
26203 Wardenburg – Germany
Tel. no.: +49 (0)4407 716094
Fax no.: +49 (0)4407 716095
E-mail: firstname.lastname@example.org www.pocketproject.thomashuebl.com
– hereinafter referred to as the “Provider” –
the customers specified in section 2 of the present GTC (also referred to as “Customer” or “Participant”)
Section 1. Scope of Application
The business relationship between the Provider and the Customer shall be exclusively subject to the General Terms and Conditions specified below in their version applicable at the time when the order is placed. Any deviating terms and conditions of the Customer shall not be acknowledged, unless the Provider explicitly agrees to their application in writing.
Section 2. Conclusion of Agreements
- The Customer may select seminars via the website of the Provider and may collect them in a so-called ‘shopping cart’ using the “Add to the shopping cart” button. Using the “Register now” button, the Customer shall be deemed to submit a binding application for the conclusion of an agreement with the respective contents of the shopping cart (order, also referred to as registration). Before submitting the order, the Customer may modify and access the data at any time.
- In response, the Provider shall send the Customer a confirmation of the registration by e-mail, which shall specify once again the order placed by the Customer and may be printed out by the Customer using the “Print” feature. Once the aforementioned order confirmation has been received by the Customer, the Provider shall be deemed to accept the Customer’s application for the conclusion of an agreement. The confirmation of registration shall summarise the contents of the order. In this e-mail or in a separate e-mail, the text of the agreement (consisting of Purchase Order, GTC, Instructions on the Right of Revocation) shall be sent to the Customer. The text of the agreement shall be stored with due regard to data protection.
- The conclusion of the agreement shall take place in the following languages: German or English.
Section 3 Prices, Terms of Payment, Annulment
- All prices specified on the website of the Provider shall be deemed to include the respective applicable statutory value added tax.
- The journey to the destination and the overnight stay shall not be included in the price, unless anything to the contrary has been expressly provided for.
- The seminar fee shall be paid upon receipt of the confirmation of the registration.
- At the Participant’s option, the seminar fee may be paid by immediate transfer, SEPA direct debit scheme, by credit card or PayPal. As a prerequisite for the SEPA direct debiting of any payments, the Participant shall give his/her consent that the amount be debited from a bank account at a bank / savings bank with registered office within the SEPA area and the bank / savings bank be instructed to honour the SEPA direct debit (SEPA mandate). In the case that the payment is effected via SEPA direct debiting or by credit card, the bank account of the Participant shall be debited at the time regulated in para. 3 at the earliest. Any direct debit authorisation granted shall apply until it is revoked; this shall also be applicable to any further orders.
- The Participant shall be entitled to withdraw from the agreement (annulment). The annulment shall require written form. The time limit for any annulment free of charge shall end three months prior to the start of the event. The data of receipt of the annulment notice by the Provider shall be authoritative. The designation of a substitute participant shall be possible. For any annulments made by the Participant and received by the Provider eight weeks prior to the start of the event at the latest, the Provider shall charge to the Participant a processing fee in the amount of EUR 100 (including the statutory value added tax). In case of any annulment notices received by the Provider after such date, the Provider shall charge the Participant a processing fee in the amount of 50% of the seminar fee. In case that any Participant does not come to the event or if any Participant leaves the event prematurely, the full seminar fee shall be charged.
- The statutory right of revocation shall remain unaffected from the regulations of the paragraphs 1 to 6.
Section 4. Cancellation of Events (Withdrawal), Termination and Exclusion of Participants
- The Provider reserves the right to cancel the event owing to demand and/or the number of participants being too low (less than 20 participants) up to ten days before the scheduled event date at the latest or for reasons due to force majeure, including, but not limited to, the sudden illness of the speaker, on account of any case of involuntary short-term prevention or involuntary non-attendance of the speaker without there being any possibility to cancel the intervention of a substitute speaker. Any participation fees already paid by the Participant shall be reimbursed. This shall be communicated to the Participant without undue delay. In case that only some parts of the even cannot take place, the consideration shall be owed according to the proportion of the partial service already rendered at the time at which the event is cancelled to the overall scope of the service provided for in the agreement, unless the calculation of the partial service rendered would be unreasonable for the Participant, in particular if the partial service rendered is of no value for the Participant.
- The Provider shall pay for any damage incurred by the Participant due to any cancellation made by the Provider only under the conditions and within the limits of the provisions of paragraph “Exclusion and Limitation of Liability” (section 6 of the present GTC).
- In the cases of Section 314 German Civil Code [Bürgerliches Gesetzbuch – BGB], the Provider shall have a right of termination. Good cause within the meaning of Section 324 German Civil Code [BGB] shall be deemed to exist, in particular, in the following cases:
- in case of any reasonable doubts as to the medical fitness of any Participant to participate in a given event; this shall apply, in particular, to physical or psychological illnesses, the intake of medicines or the consumption of drugs or intoxicants making it impossible to exclude the likelihood of the Participant or any other individuals being put at risk;
- any behaviour adversely affecting the community in any events despite a warning having been made and the termination of the agreement having been threatened by the speaker beforehand, in particular in case of any disturbance during the implementation of the event by noise nuisance or pollution or by any kind of trouble-making behaviour;
- violations of honour of any nature whatsoever vis-à-vis the speaker, any other participants or the Provider and the Provider’s staff;
- any discrimination of individuals for reasons of race or ethnic origin, sex, religious affiliation or philosophy of life, disability, age or sexual identity;
- any abuse of the event for party political, ideological or inflammatory purposes.
Instead of terminating the agreement, the Provider may also exclude the Participant from the event, either in whole or in part. The entitlement of the Provider to claim remuneration shall not be affected by any such termination or by any exclusion.
Section 5. Reservation of Rights of Modification
The Provider shall be entitled to make any necessary modifications or deviations as to content or organisation prior to or during the event for good cause to the extent that such modifications or deviations will not result in significant changes regarding the contents of the announced event and are reasonable for the Participant. Furthermore, the Provider shall be entitled to replace the intended speakers in any case of need (for ex. illness, accident and any other short-term prevention) by other individuals with comparable qualifications regarding the announced theme, unless such exchange is unreasonable for the Participant.
Section 6. Exclusion and Limitation of Liability
- Any claims of the Participant to claim compensation for damages shall be excluded. This shall not include any claims for compensation for damages on the part of the Participant as a result of the violation of life, body or health or on account of the violation of any essential contractual obligations or due to any failure to comply with any guarantee given by the Provider or due to any maliciously concealed deficiencies, as well as the liability for any other damage based on any intentional or grossly negligent breach f duty by the Provider, by the Provider’s legal representatives or auxiliary agents. Essential contractual obligations shall be such obligations whose fulfilment is essential for the due and proper implementation of the agreement at all and on whose compliance the contracting partner may reasonably rely on.
- The regulations of the German Product Liability Act shall remain unaffected.
- The restrictions of para. 1 shall also apply for the benefit of the legal representatives and auxiliary agents of the Provider if any claims are asserted directly against them.
Section 7. Final Provisions
The contractual relationship between the Provider and the Participant shall be subject to the laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) as well as of private international law.
(Status as of January 2017)