Terms and condition of the participation at conferences,
trainings and events of the data42morrow GmbH
The leading document is the German version of the terms and condition. We gave our best to
translate this text from German into English. If there are any proposals for improvement please
contact us and let us know. Thanks in advance.
§ 1 Generals
(1) By the order, the client/customer binding acknowledges the general terms and conditions of the seller.
(2) Terms and conditions of the customer which deviate from our general conditions do not apply, unless they have been expressly confirmed by data42morrow GmbH.
§ 2 Type and extent of training service
(1) The events are open to all interested persons.
(2) Nature and scope of these courses are described in the brochure and on the website. The organizer reserves the right to any program changes or speaker change urgent occasion.
§ 3 Registration and order placement
(1) Registrations for our events as well as orders for in-house trainings must be made in writing or by e-mail. If requested by telephone, we will gladly make a reservation on request, which we will be bound for a period of two weeks (14 days). If no written or electronic application is received within this period, the reservation will be forfeited.
(2) The application becomes legally effective only if confirmed by data42morrow in writing.
(3) In the case of events with a limited number of participants, registrations will be considered chronologically.
(4) The data of the participants accompanying the application are processed electronically for internal purposes and stored in compliance with data protection regulations.
§ 4 Prices and terms of payment
(1) The relevant prices are given in the relevant information materials. The price of an in-house training refers to the performance description given in the offer.
(2) Invoices shall be paid immediately after receipt without deductions in Euro no later than 14 days from the date of the invoice unless otherwise stated on the invoice. The date of receipt of data42morrow GmbH counts.
(3) If several price / performance categories are advertised, the price of the price / performance category fulfilled by the customer and booked or ordered is valid. If the customer fulfills the prerequisites for several price / performance categories, potential price / performance advantages cannot be combined therefrom, the booked category with price and performance is binding. However, the customer can at any time choose a more favorable category that he fulfills. Data42morrow GmbH Withdrawal or renouncement of the customer for individual service offers of a category do not constitute a change of the price / performance category.
(4) In the event of a delay in payment, the early booking benefit shall be void and the difference shall be invoiced subsequently. If the payment is delayed, a reminder fee of € 50 will be charged.
(5) All complaints to be rendered must be submitted in writing no later than 5 working days after the end of the event. In the event of a later complaint, all claims for reimbursement of paid fees or cancellation of the invoice are dispensed with.
§ 5 Revocation right for consumers
(1) If the respective customer is a consumer acc. § 13 BGB, the latter has a right of withdrawal according to the following requirements.
(2) Right of revocation
You can revoke your contract declaration in text form (eg letter, fax, e-mail) within 14 days without stating reasons. As stipulated by law, the deadline starts after receipt of the written instruction, but not before conclusion of the contract and also not before fulfillment of our information requirements. If the period between the contract declaration and the seminar date (date counts) is less than 14 days, the customer expressly agrees that the execution of the contract before the expiry of the withdrawal period begins. The customer is aware of the fact that his right of revocation has been extinguished from the beginning of the contract execution. The timely sending of the revocation shall suffice to ensure the revocation period. The revocation must be sent to:
Im Dorfe 2A
Consequences of withdrawal
In the case of an effective revocation, the services received at both ends are to be returned and, if necessary, drawn-up uses (for example interest) must be issued. If you are unable to return the received performance in whole or in part or in a deteriorated condition, you must provide us with a replacement sentence. This may mean that you must nevertheless fulfill the contractual payment obligations for the period up to the cancellation. Obligations to reimburse payments must be met within 30 days. The period begins for you with the sending of your declaration of revocation, for us with their receipt.
The right of revocation expires prematurely if the contract is completely fulfilled by both parties at your express request before you have exercised your right of revocation.
§ 6 Warranty and change reservation
(1) data42morrow GmbH events are carefully prepared and carried out according to the state of knowledge. All events are carried out by experienced and renowned speakers, all materials, documents and handouts are compiled according to the latest findings. However, the seller assumes no responsibility for the correctness and error-freeness of the contents and documents. Data42morrow GmbH data42morrow GmbH assumes no guarantee for the success of the teaching objectives and contents of the course at the participant as well as their use after the event.
(2) data42morrow GmbH reserves the right to make necessary changes to the content and / or organization before or during the event, insofar as they do not significantly alter the overall character of the event. If necessary, data42morrow GMbH shall be entitled to replace the initially appointed speakers and / or seminar leaders by similarly qualified persons.
§ 7 Cancellation / Transfer
(1) If the participant is not a consumer or the withdrawal period pursuant to § 5 para. 2 of these terms and conditions has expired, data42morrow GmbH grants the participant the rescission from the concluded contract under the following conditions.
(2) The participant can withdraw from the events at any time before the start of the event. The declaration of withdrawal requires the written form and is effective only after receipt at data42morrow GmbH.
(3) In case of cancellation up to 6 weeks before the start of the event, only a processing fee of 100 € is payable. Should payments already have already been made by the participant, they will be reimbursed to the participant.
(4) If the withdrawal occurs between 6 and 4 weeks before the start of the event, the participant has to pay 50% of the calculated participation fees. The participation can be postponed to a later equivalent event, the already registered participation fee will be charged, however, at least in full. data42morrow GmbH will charge a handling fee of 100 € for this transfer.
(5) In case of a later cancellation between 4 and 2 weeks before the start of the event, the customer must pay 100% of the event fees. The participation can be postponed to a later equivalent event, the already registered participation fee will be charged, however, at least in full. data42morrow GmbH will charge a handling fee of 100 € for this transfer.
(6) Cancellation in the 14 days before the start of the event or in case of non-payment, the invoice sum must be paid in full. Participation at a later date is not possible.
(7) If a processing fee of € 100 is paid, data42morrow GmbH is always ready to accept a substitute participant. data42morrow GmbH shall immediately inform the data42morrow GmbH in writing and name the respective substitute participant, stating the full name and address.
(8) A handling fee of 100 € is payable for all changes and cancellations not included in data42morrow GmbH. This fee will be added to the participant fee, which is payable in full in addition to the fully paid participant fee, which is to be refunded by the participant. data42morrow GmbH is not obliged to accept or make a free transfer to a later or other training performance.
(9) The right of withdrawal of the consumer pursuant to Art. § 5 of these General Terms and Conditions shall remain unaffected.
§ 8 Liability / damages and expenses
(1) We shall be liable regardless of the legal basis within the scope of the legal provisions. data42morrow GmbH is liable in the legal framework for intentional or grossly negligent breach of a material duty arising from the contract for damages and under a guarantee in the case of own fault or of a fulfillment aid. In the event of negligent breach of a duty which is not essential to the contract, the liability to pay compensation is limited to the maximum amount of the order value. Data42morrow GmbH These liability limitations do not apply if a substantial contractual obligation or a cardinal obligation has been violated. There is then a claim for the replacement of the average contractual damage.
(2) The non-liability drawing pursuant to sentence 1 shall not apply to damages resulting from the delay or impossibility of performance. If the customer is a merchant, data42morrow GmbH shall, however, also be liable in the event of default or impossibility of performance only in case of willful intent or gross negligence. The right to rescission remains unaffected. In the event of withdrawal, there shall be no claim for compensation for default damages.
(3) Insofar as negligence is not excluded in the case of damage not caused by injury to life, body or health, such claims shall be subject to a limitation period of 12 months from the date on which the claim arose or, in the case of claims for damages, Services. This does not apply if the law prescribes a longer limitation period or we are liable under the Product Liability Act.
§ 9 Term change or cancellation of events by data42morrow GmbH
(1) data42morrow GmbH reserves the right to cancel or postpone events on a short-term basis as well as locally, e.g. in the event of a failure of the speaker or a small number of participants. In any case, we will endeavor to notify you as soon as possible of cancellations or changes. If an event is canceled by data42morrow GmbH, a participation fee already paid will be reimbursed.
(2) In case of failure of an event by illness of the trainer, force majeure or other unpredictable events, there is no claim to the performance of the event. Similarly, in the event of a price drop or a time shift, there will be no travel and overnight accommodation costs, as well as disbursements resulting from a loss of work.
(3) Any further claims are excluded. The exclusion does not apply in cases of intentional or grossly negligent behavior of data42morrow GmbH or its employees or other fulfillment aids.
§ 10 Copyrights and rights to the work results
(1) We shall retain our intellectual property rights and copyrights existing at the time of the award of the contract. No part of the documents and other media created by us before or during the processing of the order may be reproduced, processed, reproduced, distributed or used for public reproduction without our permission.
(2) Insofar as documents or other media are used in the processing of the order, in which third parties have rights, these rights remain with the respective author.
(3) We are entitled to the right to all work results obtained during an event. However, we grant the customer the non-exclusive, permanent, irrevocable and non-transferable right to use the results obtained as agreed and appropriate for this event.
(4) We ensure that the work results obtained are free from the rights of third parties which could limit the use by the customer beyond the extent described in paragraph 3.
(5) Deviations from these usage regulations require an agreement in written form. The written form cannot be given orally.
§11 Room reservations
(1) Should data42morrow GmbH conduct seminar events at a meeting hotel and then a room quota should be available either at the conference hotel or – if the event is not held in a hotel – at a nearby hotel, the rooms can be directly at the hotel operator referring to the data42morrow GmbH event Retrieved and posted. A contractual relationship is concluded exclusively between the hotel and the participant.
§ 12 Jurisdiction
(1) Jurisdiction for all disputes arising directly or indirectly from the contractual relationship between data42morrow GmbH and the Customer shall be the registered office of data42morrow GmbH as long as the customer is a merchant, a legal person governed by public law or a public special fund is.
(2) In the case of subsection 2, the registered office of data42morrow GmbH shall be deemed to have been agreed upon.
§ 13 Final Provisions
(1) The law of the Federal Republic of Germany shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
(2) Should any provision of these general terms and conditions be invalid, the validity of the remaining provisions shall remain unaffected. In such cases, the parties will negotiate an agreement replacing the invalid provision which is as close as possible to the content of the original provision. The same applies to possible contractual gaps.
April 27, 2017