These general terms and conditions apply to the realization of seminars and trainings, (training) courses and further education by the Internationaler Bund (IB, in the following: service provider). The general terms and conditions of the service recipient cannot become part of the contract even if the service provider doesn’t oppose them explicitly.
The service recipient receives a written offer on the desired performance. The offers are non-binding and without obligation. There is no legal claim on participation. The contract comes into effect by written acceptance of the offer by the service recipient, by confirmation by the service provider or by mutual contract signing. Deviations from these general terms and conditions require a written confirmation. Extensions, modifications or supplements to this contract must be in written form. This also applies to the waiver of the written form requirement.
The service provider ensures that the content of the services are being presented according to the latest professional and didactic standards. This applies as well to the selection of consultants. The extent of individual services mainly results from the contract itself, subordinately from the offer and from further service descriptions (flyers, brochures). Content and / or organizational modifications of or deviations from the described services (including a possible shortening or extension) may be conducted before or during the execution of the services unless these changes or deviations would change the service in its core entirely. The service provider is entitled to replace the designated consultant by another, equally qualified person if necessary.
Unless otherwise agreed, catering, accommodation and further conference costs are not included in the service price.
Participants' scripts provided by the service provider are included in the agreed compensation, unless otherwise agreed. The copyright of all scripts and any other course material (including software), whatever their nature or appearance, belongs solely to the service provider or, if declared appropriately, to the respective author or producer. The service recipient is not allowed to reproduce scripts or other seminar material in extracts or in whole, record them on data processing media, distribute them in any form, and / or pass them on to third parties, without explicit permission of the service provider. All learning material which is not explicitly made available free of charge as participants' scripts by the service provider have to be provided / obtained by the service recipient at his or her expense.
The attendance fee is due upon receipt of invoice without discount. In case of a consumer’s default in payment, the amount in arrears is subject to interest at 5% above the current base rate. For commercial service recipients the legal default rules apply. The service recipient is entitled to set-off rights only if the counterclaim is undisputed or legally binding. Fees and costs agreed upon have to be paid completely, even if individual events were, for whatever reason, not attended. Content and /or organizational modifications and deviations that do not completely change the service at its core, do not qualify for a reduction of the agreed remuneration. A service recipient’s warranted claim for compensation due to delayed service or compensation for expenses in vain, is limited to up to 50% of the net invoice value of the delayed service. Any further claims are excluded, unless the delay is due to intent or gross negligence of the service provider.
The service provider is entitled to withdraw from the contract before commencement of the service if the determined minimum number of participants is not reached, or he may cancel the execution of the service before its onset out of other important reasons (force majeure, sudden illness of the consultant). If an event is cancelled by the service provider, the service recipient receives an appropriate message immediately. Paid fees will be compensated (pro rata if the event already started). Liability and damage claims by the service recipient against the service provider are excluded in any case. If the service user is a consumer in terms of the law and is entitled to a legal right of withdrawal, he has the right to withdraw from the contract within two weeks of its conclusion. In case of cancellation of attendance by the service recipient the latter will be charged by the service provider - unless individually agreed otherwise - with a cancellation fee of 20% of invoice if the cancellation occurs at least five weeks prior to the beginning of the event. In case of canceling up to three weeks before the event begins, 40% of the attendance fee are due; 80% are due in case of cancellation up to one week before the event takes place. In case of canceling less than one week prior to the event or abortion of an ongoing event, agreed attendance fees are due in full.
In these cases the service recipient has the right to prove a minor damage. Sending substitute persons is possible. In this case, the service recipient will not be charged with a cancellation fee. However, he remains contractual partner and regarding the costs he has to consult the substitute person. The name / names of this / these substitute person/s has / have to be communicated to the service provider before the event. If cancellation fees for reservations (e.g. hotel reservations, function rooms, consultants) and catering services made by the service recipient are due, they will be passed on to the service recipient in total, regardless of the time of cancellation. The service recipient is free to prove that the service provider suffered no or minor damages.
The service provider assumes no liability for any kind of success intended with the event. Insofar as the service is held within the facilities of the service recipient, the latter assumes responsibility for the furnishing of the rooms and the fulfillment of safety and accident prevention regulations. Regarding events within the facilities of the service provider, potential liability claims against both the service provider and his servants or agents are limited to intent and gross negligence. The service provider assumes no liability for the belongings of the service recipient (wardrobe, training materials, etc.). The house rules must be followed.
Upon completion of the event, the service recipients will receive an appropriate certificate of attendance and of achieved qualification if applicable.
Regarding the provisions of the Data Protection Act (DPA) we point out that the storage and use of personal data will exclusively take place in compliance with the DPA. The service provider uses personal data of the service recipient for the purpose of fulfilling the contract and, if desired, for the purpose of sending information material.
Jurisdiction for any dispute arising from the contractual relationship is Frankfurt am Main even if the service recipient is registered trader or corporate body under public law within the meaning of the law.
If any provision of these general terms and conditions or any provision of the contract between the parties is or becomes invalid, this does not affect the validity of the contract or the general terms and conditions. The contracting parties will replace the invalid clause with a clause that is closest to the economic intent. The parties are bound to collaborate in clarifying the wording of the treaty.