- Scope of application, supplier
(1) These General Terms and Conditions (hereinafter referred to as “GTC“) apply to the legal relationship between Barbara Lutz Index Management GmbH, Leopoldstraße 180, 80804 Munich, Germany (hereinafter referred to as “we” or “us“) and the customer (hereinafter referred to as “customer” or “you“) in connection with our following services:- Organization of on-site training courses
– Organization of online training courses
(2) Any terms and conditions of business of the customer which deviate from and/or go beyond these terms and conditions of business shall not form part of the contract.
- Differentiation between entrepreneurs and consumers
(1) Some provisions of these GTC do not apply to all customers, but only to consumers or only to entrepreneurs. Where this is the case, it is specially marked at the relevant place in these GTC.
(2) “Consumer” in the sense of these GTC is, according to the legal definition in § 13 of the German Civil Code, any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his self-employed professional activity.
(3) “Entrepreneur” within the meaning of these GTC are, in accordance with the legal definition in § 14 of the German Civil Code, natural and legal persons or partnerships with legal capacity who enter into a business relationship with us in the exercise of their commercial or self-employed professional activity.
- Conclusion of the contract, storage of the contractual provisions and contractual language for online orders
If the contract is not concluded by means of individual communication, i.e. in personal presence, by e-mail, fax, post, telephone or similar, but online on our website, the contract is concluded as follows:
(1) Only with your order of our service a binding request for a corresponding contract is made. To place the order, you go through the ordering process on the website and enter the information requested where necessary. Before sending the order, you have the opportunity to check all order data once again and to correct it if necessary. Only with sending the order you do submit a binding request to us to conclude a contract.
(2) We can accept your request within five days by- Sending an order confirmation by mail, fax or e-mail, or request for paymentThe date of receipt of our order confirmation or request for payment by you is the relevant date for the compliance with the deadline.
(3) We store the contractual provisions, i.e. the order data / registration data and these General Terms and Conditions. You can print or save the contractual provisions on your part by using the usual functions of your browser (usually “Print” or “File” > “Save as”). The order data/registration data are contained in the overview that is displayed in the last step of the order/registration.(4) Contract language is German.
- No consumer revocation right
According to § 312g paragraph 2 No. 9 BGB, a consumer right of withdrawal does not exist, among other things, for contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transport of goods, car rental, delivery of food and beverages, and for the provision of other services in connection with leisure activities, if the contract provides for a specific date or period of time for the provision. As we only allow bookings of our training courses to be made for specific dates, there is accordingly no right of withdrawal.
- Non-achievement to reach the minimum number of participants for training courses
We can (only) withdraw from the contract if we fail to achieve the minimum number of participants should we have specified the minimum number of participants in the respective training course description and the time by which you must have received the declaration at the latest before the contractually agreed start of the training course.We must declare a withdrawal to you at least 14 days before the agreed start of the training course.If it becomes apparent at an earlier point in time that the minimum number of participants cannot be reached, we must immediately exercise our right of withdrawal.If the training course is not carried out for this reason, you will be refunded the agreed price immediately, unless you rebook to another date, if offered by us.
- Cancellation of training courses and non-appearance
(1) If you cancel your booking for participation in an open training course up to 30 days in advance or cancel your booking for an in-house training course up to 60 days in advance, we will charge a flat-rate cancellation fee of 15% of the agreed remuneration. If you provide evidence that the difference in amount as referred to in paragraph (2) is lower, this lower amount shall apply.
(2) If a cancellation according to paragraph (1) is not made or not made in time, we are entitled to demand the agreed remuneration in case of your non-appearance or the later cancellation of an in-house training. However, we must offset the value of that which we have saved as a result of not conducting the training or which we have acquired or maliciously omitted to acquire through other use of our services.
(3) You may also terminate the contract up to the end of the training course if there is good cause to do so. An important reason usually requires that the reason for termination lies within our risk area, e.g. a one-sided postponement of the date on our part or one-sided extensive changes to the booked training program.
(1) The customer may use illustrative material, drawings, concepts and other documents and/or materials (hereinafter referred to as “Documents”) which we temporarily or permanently make available to the event participant in connection with our training courses for the intended purposes. It is not permitted to use them for the purposes of commercial seminars, coachings or other training or consulting services that compete with our own training and consulting services.
(2) Subject to copyright restrictions, the documents may not be duplicated, distributed, made publicly available or otherwise publicly reproduced in text form without our consent.
(3) We reserve the right of ownership of documents which we make available to you on a permanent basis in connection with our services until full payment has been received.
- Preclusive period, statute of limitations
(1) If we refuse to fulfil an asserted claim for damages while at the same time informing the customer of the reasons, we shall be released from the obligation to perform if the customer does not file an action within one year. The period begins as soon as we have pointed out in writing the legal consequences of the failure to meet the deadline. The right to assert the plea of limitation remains unaffected.
(2) Claims for damages become time-barred – if the statutory provisions do not provide for a prior statute of limitations – at the latest five years after the respective claim arises.
(3) The above paragraphs (1) and (2) of this Section 6. shall not apply to claims for damages by the Customer which are directed at compensation for physical injury or damage to health due to a breach of duty for which we are responsible or which are attributable to gross negligence on our part or on the part of our vicarious agents; the statutory limitation period shall apply to these claims.
- Limitation of liability
The following shall apply to any liability for damages on our part:
(1) In the event of intent and gross negligence, also on the part of our vicarious agents, we shall be liable in accordance with the statutory provisions. The same applies to damages caused by negligence resulting from injury to life, body or health.
(2) In the case of negligently caused material and financial damages, we shall only be liable in the event of a breach of an essential contractual obligation, but the amount of liability shall be limited to the damages foreseeable and typical for this type of contract at the time of conclusion of the contract; essential contractual obligations are those whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely.
(3) Any further liability on our part, irrespective of its legal basis, is excluded.
(4) The exclusions and limitations of liability in the above paragraphs (1) to (3) shall also apply mutatis mutandis in favor of our vicarious agents.
(5) Any liability due to the assumption of a guarantee or under the Product Liability Act shall remain unaffected by the exclusions and limitations of liability in the above paragraphs (1) to (4).
- Choice of law, place of jurisdiction
(1) German law applies exclusively. In relation to a consumer, this choice of law shall only apply insofar as it does not restrict any mandatory legal provisions of the state in which the consumer has his residence or habitual abode.
(2) The place of jurisdiction in dealings with merchants, legal entities under public law or special funds under public law is the registered office of our company. We are, however, entitled, at our discretion, to bring an action at the customer’s registered office.