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General Terms and Conditions for Public Seminars

1 Protective clause and conclusion of the contract

1.1 The following terms and conditions are valid for all public seminars of oose Innovative Informatik eG.

1.2 The contract terms for attending and organising seminars shall be based solely on the terms and conditions for public seminars of oose Innovative Informatik eG. This even applies if the customer is working on the basis of its own General Terms and Conditions. The terms and conditions of both Parties shall apply in as far as they are identical; if they differ the statutory provisions shall apply instead of the differing terms. If only one Party has covered a certain subject in their Terms and Conditions, this provision shall be incorporated into the contract.

1.3 Registrations must be in writing or in text form. You will promptly receive a confirmation of registration in text form (Section 126a of the German Civil Code (BGB)) or in writing. You will not be entitled to attend the seminar without a written confirmation of registration. The confirmation email that we send out immediately after the receipt of the registration merely serves to inform you that you have registered for a certain seminar and does not represent an acceptance of your offer. Before acceptance we first have to check whether a sufficient number of places is still available.

1.4 Registrations will be considered in the sequence in which they are received; the possible number of participants is limited for each seminar.

2 Cancellations

2.1 Cancellation is possible up to 14 days before the start of the seminar in return for a processing fee of EUR 50.00. If you claim an early booking discount or any other discounts of 15 per cent and more you may cancel up to 90 days before the seminar at no charge. After that you have to supply a replacement or pay the full fee. If a participant who has registered for a seminar does not turn up or only attends sporadically, the full fee must nevertheless be paid.

3 Guaranteed date

3.1 If a guaranteed date is mentioned on the confirmation of registration, you have immediate planning certainty. The guaranteed date does not apply if the seminar has to be cancelled due to circumstances beyond our control, particularly force majeure (including confirmed illness of the coach, breakdown of the heating, strikes, natural disasters etc.)

4 Minimum number of participants

4.1 If an insufficient number of binding registrations has been received for seminars without a guaranteed date up to 14 days before the beginning of the seminar (the minimum number of participants is usually 7), the seminar may not take place.

4.2 The seminar may be cancelled for organisational reasons or due to illness on the part of the instructor. Any seminar fees that you have already paid will be reimbursed. You shall have no further claims.

5 Seminar fees

5.1 Unless otherwise stated, the seminar costs for public seminars (i.e. seminars that may be booked by anyone) are always quoted per participant.

5.2 The seminar fees are due for payment immediately after receiving the invoice.

5.3 All prices are quoted exclusive of statutory VAT.

6 Scope of the services

6.1 The scope of the services is shown in the description of the services offered by the seminar. Travelling expenses and the costs of accommodation are not included in the seminar fees.

7 Repeaters

7.1 The following restrictions apply to the opportunity to repeat particular seminars free of charge: Only participants who made normal payment and claimed a maximum of 25% discount can make use of the opportunity to repeat. The opportunity to repeat is limited to 24 months from the date of payment of the invoice. The opportunity to repeat is linked to the individual; it cannot be transferred and only applies to precisely this seminar. There is no claim to repetition if this seminar is no longer offered during the repetition period. Registration for repetition can occur at the earliest one month before seminar beginning and is regarded as binding, i.e. in the event of cancellation, the repetition opportunity is regarded as exhausted. Participants who repeat a seminar free of charge do not receive any new seminar documents or books and must pay for their own lunch. The then valid test fees per participant must be paid for the repetition of tests offered by external bodies, e.g. the UML certification test, for each case of repetition.

8 Discounts

8.1 Colleague discount: If you register for a concurrent seminar that your colleague has already registered for, we will grant you a discount of 20% per cent. This discount may not be combined with other discounts. The first person to register may use other discounts if the preconditions have been met.

8.2 Early booking discount: If you make a firm booking 90 days in advance, you will be granted a 15% discount (no cancellation option). This discount is restricted to four participants; the sequence of registrations received applies. This discount may not be combined with other discounts.

8.3 Private customer discount: Participants who pay privately for the seminar (i.e. the invoice recipient is a private individual) will receive a 25% discount if spaces are still free. The private customer discount may not be combined with other discounts. If a participant is unable to attend, a replacement may be designated.

9 Copyright

We reserve all rights, including rights to the translation and the reprint and duplication of the training documents, or any parts of them, if they are protected by copyright. No part of the training documents may be used for commercial purposes without the written permission of oose Innovative Informatik eG and may, in particular, not be duplicated, disseminated or made available to others via public networks.

10 Liability

We shall be liable only once for damage that we have caused, with damages being limited to the type of risk typical for the contract at the time at the time of its conclusion. All further liability is excluded. This limitation of liability does not include damage to life, limb and/or health and/or breaches of guarantees, nor damage caused intentionally or fraudulently. Nor does this affect claims under the Product Liability Act. oose Innovative Informatik eG is not liable for the seminars of third-party coaches and organisers in whose name oose Innovative Informatik eG manages the registrations and issues the invoices.

11 Data protection

The customer hereby agrees to oose Innovative Informatik eG collecting, processing and using necessary data on the basis of legal requirements. oose Innovative Informatik eG may pass on the registration data that have been sent, or parts of this data, to third parties that are involved (e.g. external coaches) so that the service may be performed. To perform the contract oose Innovative Informatik eG may collect, process and use the necessary personal data (master data). Customers have the right to receive information at any time regarding the scope and the contents of the personal data being stored about them. oose Innovative Informatik eG may also process, use and delete personal data that the customer produces during the course of the seminar. This includes performance assessments such as tests or seminar papers. Such data shall be stored and processed in strictly anonymous form and shall on no account be passed on to third parties. The purpose of storing this data is solely to improve the quality of the course. After the contract has come to an end, the customer’s personal data shall be deleted.

12 Miscellaneous

oose Innovative Informatik eG has the right to mention the participant’s company in its list of customers. If any provision of this contract or any supplementary agreement should be or become invalid, this shall not affect the validity of the remainder of this contract and the supplementary agreements. The Parties agree that all legal relations resulting from this contractual relationship shall be governed by the law of the Federal Republic of Germany. If the customer is a businessperson (Kaufmann) within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal entity under public law or the custodian of a special public sector fund, it is agreed that the sole venue for all disputes arising within the framework of this contractual relationship shall be Hamburg.

 

Valid from 04.08.2017, oose Innovative Informatik eG, Schulterblatt 36, 20357 Hamburg