General terms and conditions
§ 1 Conclusion of Contract, Definitions of Terms
(1) The provider Conzentric GbR, represented by the shareholders Jennifer Hohensteiner and Katharina Königsbauer-Kolb, Forstanger 18a, 86911 Diessen (hereinafter referred to as Provider) offers seminars including overnight accommodation, as well as online and hybrid seminars, to participants (hereinafter referred to as Participants).
(2) The Participant can bindingly accept the offer of the Provider by completing the booking process in full. The contract for seminar participation is concluded upon receipt of the automatic booking confirmation by e-mail from the relevant registration service provider. The Provider uses external service providers for the processing of the contract (registration and payment) and external payment providers for the payment. In the course of the booking, the General Terms and Conditions, cancellation policy and data protection provisions are confirmed and accepted. If the booking confirmation is not delivered or is delivered with a delay, the contract shall be deemed concluded unless Conzentric declares its rejection within a period of 14 days. In case of overbooking, the participant will be informed immediately; in this case, a contract will not be concluded.
The contract can also be concluded by e-mail. This is usually the case for participants who are on the waiting list for a seminar. In the case of booking by e-mail, the contract comes into effect when the Participant confirms the offer of a seminar seat including the Provider’s General Terms and Conditions and Cancellation Policy by e-mail.
(3) The text of the contract shall be stored in compliance with the provisions of Data Protection Law. The contract may be concluded in German or English.
(4) The Participant confirms that he or she is at least 18 years old at the time of the conclusion of the contract, or to have the consent of a legal guardian.
5. The Provider offers its seminars to consumers and entrepreneurs. The Participant is a consumer within the meaning of § 13 BGB, insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to the Participant’s commercial or self-employed professional activity. In contrast, according to § 14 BGB (German Civil Code), an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is exercising the Participant’s commercial or self-employed professional activity.
§ 2 Seminar services / Overnight accomodation
(1) Seminar services are derived from the description of the individual seminars on the Provider's website at: www.conzentric.art (hereinafter "Website").
(2) The Provider is not a tour operator and does not operate any accommodation facilities. If an overnight stay is booked, the Provider reserves a hotel room for the Participant via an external service provider.
(3) Claims arising from overnight accommodation are to be adressed to the hotel operator.
§ 3 Cancellation of seminar dates / Changes
(1) The Provider is entitled to cancel or abort a seminar due to illness of the seminar instructor, or due to force majeure. However, the Provider will make every effort to provide a substitute instructor if the planned seminar instructor is prevented from attending.
(2) If a seminar is cancelled or aborted, the Provider will offer an alternative date at no additional cost. In this case, the Participant is not entitled to a reduction of the remuneration.
(3) In the event of a Participant aborting a seminar, or a Participant’s non-utilization of services (with the exception of cancellation), no proportional refund will be made.
(4) The Provider reserves the right, up to 4 weeks before the start of the event, to terminate or cancel the event after exhausting all options, if carrying out the event is not reasonable because the minimum number of participants has not been reached. In this case the customer will not incur any costs.
(5) The Provider reserves the right to make minor changes to the event programme as well as the right to change instructors.
§ 4 Cancellation by the Participant
(1) If a Participant cancels a seminar booking, the following cancellation conditions apply:
· The agreed registration fee (deposit) will be retained in all events
· 42 days to 21 days prior to course start: Participant pays 50% of the seminar fee (including the desposit)
· 20 days or later before the agreed date: Participant pays 100% of the seminar fee (including the desposit).
(2) If the course fee does not amount to more than the registration fee (deposit), the full amount will be retained in the event of cancellation.
(3) If the Participant does not show up for the seminar without canceling, the full seminar fee is due.
(4) Cancellation may be made in writing or by e-mail. The Participant is obliged to provide evidence for the receipt of a cancellation.
(5) If the start of the seminar lies within the cancellation period, § 9 shall apply.
§ 5 Obligations and Conduct of the Participant
(1) The instructions of the seminar instructors must be followed.
(2) The Participant shall refrain from disrupting the seminar.
(3) The Participant is obligated not to be under the influence of alcohol or other narcotics (with the exception of necessary medication which does not impair the seminar) that might impair the Participant's ability to react, and physical well-being. In the event of violations, the Provider is entitled to exclude the Participant from the event.
(4) The Provider is entitled to terminate the contract extraordinarily or to exclude a Participant from the seminar if the Participant disrupts the execution of the contract despite a warning or behaves contrary to the contract to the extent that the immediate cancellation of the contract is also justified for the protection of the other participants, or if the Participant does not fulfil a participation requirement. If the Provider terminates the contract for this reason, the Participant remains obliged to pay the total price.
(5) The Participant is liable for damages caused by him in accordance with statutory provisions.
(6) In the case of a booking by a Participant for a group or third party, the Participant shall inform all other Participants about these General Terms and Conditions and other notifications made by the Provider.
§ 6 Remuneration and payment processing
(1) The prices stated in the offers and on the Website of the Provider at the time of the conclusion of the contract shall apply. The VAT is not stated because the Provider is exempt from VAT according to vocational training provisions as stated in § 4 No. 21 a) bb) UStG.
(2) The payment of the registration fee (deposit) is possible by Paypal or credit card and is immediately due for payment when booking. The balance is due for payment by bank transfer twelve weeks before the start of the seminar at the latest. For bookings made less than 12 weeks before the seminar starts, the balance is due immediately. Payment provider fees are borne by the Provider, return debit fees are to be borne by the Participant.
(3) If the seminar fee is less than or equal to the amount of the deposit, or if no registration fee is charged, the full seminar fee is due for payment immediately upon booking.
(4) If the Participant is in default of payment, the Provider is entitled to demand default interest in accordance with statutory provisions. The payment of default interest does not exclude the assertion of higher damage by the Provider.
(5) Price adjustments that go into effect at a future date shall be permissible.
(6) If the deposit or the balance is not paid within the set period, the Provider is entitled to withdraw from the contract.
§ 7 Term and termination
(1) The contract ends automatically at the end of the seminar without requiring a notice of termination.
(2) The right to extraordinary termination for good cause remains unaffected. A minor change to the seminar schedule does not entitle the Participant to extraordinary termination. In the event of serious violations of the obligations of the Participant, the Provider reserves the right to terminate the contract with immediate effect.
(3) Notice of termination must be given in writing. The date of notice of termination shall be the date of receipt of the notice of termination.
§ 8 Liability
(1) Claims of the Participant for damages are excluded. Excluded from this are claims for damages by the Participant arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the Provider shall only be liable for foreseeable damage typical of the contract if this was caused by simple negligence, unless it is a matter of the Participant's claims for damages arising from injury to life, limb or health.
(3) The Provider is not guarantee any specific success. In particular, the Provider does not guarantee that the learning success hoped for by the Participant will occur if the information from the seminars is applied. The seminars are conducted to the best of our knowledge and efforts.
(4) The Participant is responsible for the valuables he/she brings with him/her. The Provider assumes no liability for theft, loss or damage of valuables.
(5) The restrictions of paragraphs 1 to 4 shall also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(6) The limitations of liability resulting from paragraphs 1 to 4 shall not apply if the Provider fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the Provider and the Participant have reached an agreement on the nature of the object. The provisions of the Product Liability Act shall remain unaffected.
§ 9 Expiry of the right of cancellation for seminars
(1) When booking seminars, the following applies: The right of cancellation of a contract for the provision of services also expires if the Provider has completely provided the service and has only begun with the execution of services once the Participant has given his or her express consent and at the same time confirmed his or her knowledge that he or she loses his or her right of cancellation when the contract is completely fulfilled by the provider.
(2) In all other respects, the cancellation policy of the Provider shall apply.
§ 10 Copyrights of the Provider
(1) The copyrights to all materials made available remain with the Provider or the respective copyright holder. The Participant is granted a simple right of use during the term of the contract, which is limited to the seminar in terms of purpose. In addition, the Participant may not reproduce the content (even in part), publicly present it or otherwise make it available to third parties. Furthermore, the Participant is not allowed to use the contents for his own further training with the intention of competing with the Provider.
(2) The granting of the rights of use by the Provider is subject to the condition precedent that the seminar fees are paid in full.
(3) In the event of unauthorized use of the content by the Participant or a third party who has been given access to the content by the Participant, the Participant is obligated to pay a contractual penalty per act of infringement to be determined by the Provider at its reasonable discretion and, in the event of a dispute, to be reviewed by the competent court.
§ 11 Data protection
(1) The Participant agrees to the storage of personal data within the scope of the business relationship with the Provider, in compliance with the data protection laws, in particular the Privacy Act and the GDPR. Data will not be passed on to third parties unless this is necessary for the execution of the contract or the Participant has given his consent.
(2) Insofar as the Participant transmits personal data from third parties, the Participant assures that the consent of the third party has been obtained. The Participant exempts the Provider from any claims of third parties in this regard.
(3) The rights of the Participant are derived in particular from the following standards of the GDPR:
· Article 7(3) - Right to withdraw consent at any time
· Article 15 – Right of access by the data subject, confirmation and provision of a copy of personal data
· Article 16 - Right to rectification
· Article 17 - Right to cancellation ("right to be forgotten")
· Article 18 - Right to restriction of processing
· Article 20 - Right to data portability
· Article 21 - Right to object
· Article 22 - Right not to be subject to a decision based exclusively on automated processing, including profiling
· Article 77 - Right to complain to a supervisory authority
(4) In order to exercise these rights, the Participant is requested to contact the Provider by e-mail or, in case of complaint, the appropriate supervisory authority.
(5) In general, reference is made to the data protection declaration on the Provider's website.
§ 12 Settlement of disputes
(1) The EU platform for out-of-court online dispute resolution is available at the following Internet address:
https://ec.europa.eu/consumers/odr/
2. The Provider is neither willing nor obliged to participate in any dispute settlement procedure before a consumer redress body.
§ 13 Final provisions
(1) The business relations between the Provider and the Participant are subject to the law of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods. The legal regulations for the restriction of the choice of law and for the applicability of compelling regulations in particular of the state, in which the Participant has his habitual residence as a consumer, remain unaffected.
(2) The place of jurisdiction shall be the registered office of the Provider in Diessen (Bavaria), provided that the Participant is a merchant within the meaning of the German Commercial Code (HGB) or a legal entity under public law or a special fund under public law. The same applies if the Participant does not have a general place of jurisdiction in Germany or if his or her place of residence or habitual abode is not known at the time the action is filed.
(3) Any terms and conditions of the Participant will not be accepted without written confirmation by the Provider. The Participant will be notified in writing of any changes to these Terms and Conditions. They shall be deemed approved if the Participant does not object in text form. The participant must send the objection to the Provider within 30 days of notification of the changes.
(4) Should any provision of these General Terms and Conditions be or become invalid, the validity of the remaining General Terms and Conditions shall not be affected thereby. The invalid provision shall be replaced by a provision that comes closest to the will of the parties within the framework of what is legally possible. The same applies in the event of a loophole.
(5) In the event of discrepancies between the English and German versions, the German version shall prevail.
Last update: 03 July 2023
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