General Terms and Conditions
The general terms and conditions (GTC) apply to all contracts for participation in events (seminars, courses, training, etc.) of CONSENSUS GmbH.
§2 registration and conclusion of contract
- Registrations for events can be made by post, fax, e-mail or online using the respective registration form and clicking the “Register Binding” button on the homepage. Registration is only possible for the entire event; in the case of modular training courses, registration refers to all modules that make up the course in accordance with the published course description. The registration represents a binding offer to conclude a contract with CONSENSUS GmbH. A proper registration includes, in addition to the event and the name of the participant (name, first name, date of birth, address, telephone number and email address), whether the registration is made by a company or organization.
- Correct registrations are usually answered within one week with an acknowledgment of receipt, which has not yet been confirmed. The contract with CONSENSUS GmbH only comes into existence upon receipt of an admission confirmation. This will be sent by CONSENSUS GmbH after checking the conditions for participation and the availability of a free space in text form. CONSENSUS GmbH reserves the right to refuse to accept a registration. If a registration cannot be considered, this will be communicated immediately.
- The requirements for participation can be found in the description of the respective event. If participation requires a positive admission interview, the assessment of the person entrusted with the interview by CONSENSUS GmbH is decisive, who must be reasonably justified in the event of a rejection.
- If the contractual partner is a consumer i. S. v. § 13 BGB, he has a statutory right of withdrawal within 14 days of the conclusion of the contract (i.e. receipt of the admission confirmation after prior registration). Please refer to the cancellation policy in § 3 of these terms and conditions. If the contractual partner is not considered a consumer, the contract cannot be revoked. Withdrawal is only permitted if there is a statutory right of withdrawal.
- If the contracting partner or the participant they have registered for cannot attend the event, a replacement participant can be named. CONSENSUS GmbH reserves the right to reject the substitute participant if the participant does not meet the requirements for participation in the event. If a positive admission interview is required for the event in question, participation in the replacement also requires that the admission interview with the replacement participant can be carried out by CONSENSUS GmbH in good time before the start of the event, with reasonable organizational effort. If a third party enters the contract with CONSENSUS GmbH as a substitute, he and the original contract partner are jointly and severally liable for paying the participation fee to CONSENSUS GmbH.
§ 3 right of withdrawal
If you are a consumer, you have a legal right of withdrawal. Please refer to the following cancellation policy.
- Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day the contract is concluded.
To exercise your right of withdrawal, you must contact us (CONSENSUS GmbH, Königstrasse 40, D-70173 Stuttgart, telephone number: 0 800 333 7707, fax number: +49 (0) 711 64 56 194 29, email address: firstname.lastname@example.org ) by means of a clear explanation (e.g. one with the Letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the sample cancellation form below, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication regarding your right of cancellation before the cancellation period expires.
- Consequences of the revocation
If you cancel this contract, we have to reimburse all payments that we have received from you immediately and at the latest within fourteen days from the day on which the notification We have received your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
If you have requested that the services should start during the cancellation period, you have to pay us a reasonable amount, which is the proportion of the until that date You inform us of the exercise of the right of withdrawal with regard to this contract, the services already provided correspond to the total scope of the services provided in the contract.
- Information about the possibility of an early cancellation of the right of withdrawal
Your right of withdrawal expires when we have completed our service and only started to perform the service after you have given your express consent and at the same time confirming your knowledge of it have that you lose your right of withdrawal if we fully fulfill the contract.
- cancellation form
If you want to cancel the contract, please fill out this form and send it back.
§ 4 Content of the event and changes
- The content and implementation of the event are based on the service description provided by CONSENSUS GmbH at the time of registration. This becomes part of the contract.
- CONSENSUS GmbH is entitled to make changes for technical reasons such as need for updates, further developments and / or didactic optimizations, provided that they do not address the core of the event or the objective of the event change fundamentally.
- Furthermore, the location and room of the announced event can be changed as far as this is reasonable for the participants. In the case of face-to-face events, this basically includes the execution of the event in the virtual room if, due to regulatory requirements or in the interest of the common good, the physical presence of the participants is dispensed with and provided that synchronous communication and interaction between the participants themselves and between participants and lecturers is guaranteed .
- The same applies to the replacement of the announced lecturer by a comparable qualified lecturer (due to illness of the lecturer or other prevention for important reasons etc.) and / or changes in the schedule good reason.
- In the cases of paragraphs 3 and 4, the participants will be informed immediately of the changes.
§5 Cancellation of events
- If a specified minimum number of participants is not reached, CONSENSUS GmbH is entitled to withdraw from the contract at least two weeks before the start of the event if the service description on the homepage and the admission confirmation for the appropriate event is pointed out to the minimum number of participants.
- CONSENSUS GmbH reserves the right to events for reasons for which it is not responsible ( especially in the event of a short-term loss of the lecturer due to illness). In such a case, the participants will be notified immediately.
- If the participants agree, they can change their booking to another event if CONSENSUS GmbH cancels it. Otherwise, the remuneration already paid will be reimbursed.
- Consensus GmbH is only liable for damage caused by the cancellation of an event under the conditions and within the limits of the provisions of §9.
§6 terms of payment, consequences of a arrears
- The participation fee can be found in the respective event description. With the conclusion of the contract, which comes about through the registration of a participant and the referring admission confirmation from CONSENSUS GmbH, there is an obligation to pay the participation fee for the respective event in full. For bindingly booked events that have not been attended in whole or in part, the statutory provisions on delayed acceptance apply. §§ 611, 615 BGB.
- The participation fee is due immediately after receipt of the invoice without deduction; if payment in installments has been agreed, the first installment is due immediately and the other installments are due on the agreed payment dates. The amount shown on the invoice must be transferred to the bank details specified on the invoice within 14 days of receipt. The timely payment depends on receipt at CONSENSUS GmbH.
- If a participant is in arrears with the payment of a due invoice, CONSENSUS GmbH is entitled not to allow its participation in an event booked by it until the participation fee (or, if payment in installments has been agreed, the installments due) have been paid. The participant’s obligation to pay less proven expenditure saved remains unaffected.
- Certificates of attendance and certificates are generally only issued even after payment in installments has been agreed after the fee has been paid in full .
- The copyright on all documents, concepts, designs and other materials created by CONSENSUS GmbH as part of the service remains with CONSENSUS GmbH. Any material that CONSENSUS GmbH creates as part of a service or which is made available to the participants as part of the service provision may only be reproduced – even in part or in edited form – with the express written consent of CONSENSUS GmbH , published or made publicly available. In particular, it may not be used for other seminars or similar services, revised, rewritten or changed or adapted in any other way. A sound and / or video recording of seminars or other services is only permitted with prior written approval.
- In the event of a violation of the aforementioned legal position, CONSENSUS GmbH reserves the right to claim the participants for damages and / or compensation.
§8 data protection
- The participants insure and guarantee that all of the data they provide is truthful and complete.
- CONSENSUS GmbH always respects the interests of the participants that are worth protecting in accordance with the statutory provisions when processing and using data. Personal customer data uses and processes CONSENSUS GmbH for contract processing and, if necessary, also gives these to external lecturers continue. In addition, CONSENSUS GmbH processes and uses the personal data only for its own advertising.
- The participants can object to the processing (including transmission) and the use of their personal data for advertising purposes at any time by sending a short message to CONSENSUS GmbH. Any contradiction has no influence on the effectiveness of the contract.
- Regarding data protection, i. Ü. the separate data protection declaration of CONSENSUS GmbH on the homepage.
§9 warranty / liability
- The legal guarantee applies subject to the following liability rules. These continue to apply regardless of the legal basis of liability, be it due to delay or liability for defects, due to fault at the time of conclusion of the contract, or due to other breaches of duty, tortious acts or other facts.
- Participation in the events of CONSENSUS GmbH requires normal physical and psychological resilience. The events are not therapy and cannot replace it. Participation in the events and staying in the premises of CONSENSUS GmbH are at your own risk.
- CONSENSUS GmbH is liable for damages – regardless of the legal reason – within the within the framework of the fault liability in case of intent and gross negligence. In the event of simple negligence, we are only liable
, subject to a milder liability standard in accordance with legal regulations (e.g. for care in our own affairs)
- for damage to life, limb or health,
- for damage from the not inconsiderable breach of an essential contractual obligation (obligation, the fulfillment of which enables the orderly execution of the contract in the first place and on the observance of which the participant can regularly trust and trust ); In this case, the liability of CONSENSUS GmbH is limited to the replacement of the foreseeable, typically occurring damage.
- The result of no. 9.3 resulting limitations of liability also apply in the event of breaches of duty by or in favor of persons whose fault CONSENSUS GmbH is responsible for according to legal regulations. They do not apply if CONSENSUS GmbH has maliciously concealed a defect or taken on a guarantee. Any relevant provisions of the Product Liability Act remain unaffected
§10 final provisions
Applicable law and jurisdiction
- The law of the Federal Republic of Germany applies. The provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply. When booking consumers from abroad, mandatory regulations or the protection of the respective country of residence granted by judge law remain and apply accordingly.
- If the contractual partner is a merchant, a legal person under public law or a special fund under public law, Stuttgart, the registered office of CONSENSUS GmbH, is the exclusive place of jurisdiction for all disputes arising from this contract. The same applies if the contractual partner has no general place of jurisdiction in Germany or his domicile or habitual residence is not known at the time the lawsuit is filed.
- Notes on dispute resolution
- Online dispute resolution (Art. 14 Para. 1 ODR Regulation):
The European Commission at ec.europa.e
§11 effectiveness of the general terms and conditions
Should individual provisions of the contract with the customer, including these general terms and conditions, be wholly or partially ineffective, the effectiveness of the contract remains unaffected. In this case, the contracting parties undertake to agree on a regulation that corresponds to the economic purpose of the ineffective provision. The same should also apply if a loophole that needs to be supplemented becomes apparent in the implementation of this contract.
as of April 2020