for public seminars and company seminars offered by TIP Training Improves Performance
1. General provisions
These general terms and conditions apply to all services provided by TIP Training Improves Performance, owned by Ms. Nicole Szálasi, delivered within the context of seminars, trainings, courses, training units, and lectures (referred to hereinafter as ‘events’) for consumers, entrepreneurs, legal entities governed by public law or public law trusts (referred to hereinafter as ‘customer’). Unless expressly accepted in writing, no variation of these conditions whatsoever made by the ‘customer’.
2. Booking/conclusion of a contract
A seminar contract will become binding only upon our confirmation of the booking and registration. The offer is not binding until confirmed. Confirmation must be made within one week of after receipt of the booking. Otherwise, the customer is not bound to the booking anymore. Bookings for the events must be made in writing (via postage, fax, or e-mail). The number of participants for our events is limited; therefore, priority will be given to those participants who register first.
3. Kind and scope of services
- TIP Training Improves Performance offers public seminars in rented seminar rooms and in-house seminars, company seminars as well as single trainings in rooms agreed upon with the customer.
- Public seminars take place according to the respective seminar description.
- Hours for company seminars and single trainings shall be agreed individually. The customer is responsible for the appropriate and agreed upon technical furnishing of the rooms in case the event takes place in rooms organized by the customer. In addition, quality and quantity of training material must be agreed upon separately.
- Each seminar participant will receive a certificate of attendance which is personally issued to him.
- The customer is solely responsible for the reservation of the journey to the venue and for booking a hotel room. No compensation may be claimed for undeserved loss or cancellation of the event.
4. Conclusion of a contract
- All offers of TIP Training Improves Performance are without obligation as long as they do not become part of a contractual agreement. Submitting a registration or booking via telephone or in writing is a binding offer. A contract with TIP Training Improves Performance has only been brought about when TIP Training Improves Performance explicitly accepts the offer and confirms it in writing via letter, fax, or e-mail.
- If TIP Training Improves Performance has agreed upon special conditions, these do not apply to current and future contractual relationships with the customer.
5. Right of revocation for consumers; cancellation
- If the customer is defined as a consumer by section 13 of the German Civil Code, he or she may revoke his or her declaration of agreement in writing (e.g. letter, fax, e-mail) within a period of two weeks without stating the reasons.
- The period shall begin at the earliest on receipt of a separately sent written notice (e.g. letter, fax, e-mail) regarding the right to withdraw. The right to withdraw lapses prematurely, if TIP Training Improves Performance has either already begun with the execution of the service on the customer’s explicit request before the period with the right to withdraw ended, or the customer has requested the execution of the service himself or herself.
- The withdrawal is to be addressed to TIP Training Improves Performance, Owner: Ms. Nicole Szalasi, Alter Festplatz 1, 96135 Stegaurach/Germany, firstname.lastname@example.org. The customer has to state his or her name and the title of the event. Upon receipt, TIP Training Improves Performance is obliged to refund customer payments already made for the event.
If the customer is not a consumer, or if the period with the right to withdraw has already ended acc. to item 4.1, then the following terms are valid:
- Cancellations must be made in writing to TIP Training Improves Performance.
- The customer may cancel the contract free of cost up to 30 days before the event begins (received by TIP Training Improves Performance).
- 50 % of the total amount is payable when cancelling up to 14 days prior to the event. Alternatively, the full invoice amount may be credited for a later event, provided that a subsequent, written booking is given together with the cancellation.
- The full invoice amount is payable when cancelling 13 days or fewer before the event, or when failing to attend. This also applies when participants are unable to take part due to sickness.
- Regarding public seminars, TIP Training Improves Performance is glad to accept a substitute participant without any additional charges at any time.
- For corporate seminars, the costs of travel, accommodation, and meals of the speakers are not included n the event fee and will be charged as separate expenses. When the client cancels the order, the costs already incurred are billed to the client, regardless of the withdrawal regulation and cancellation date.
- TIP Training Improves Performance is authorized to cancel events up to 14 days before begin of the event without stating a reason, or to relocate it to a new venue and/or to re-schedule the date. We reserve the right to cancel events if there is a material reason for doing so, for example, in case of illness of one or more of our instructors, or should there not be enough participants. Any further claims of the client (such as costs of travel, cancellation, or accommodation as well as loss of working hours) are excluded.
7. Training material rights
- TIP Training Improves Performance grants the customer the non-exclusive, permanent, irrevocable, and non-transferable right to use the training material that was handed out in the event. These rights include tools such as electronic presentation files and samples used in the event. Any reproduction of the training material is strictly forbidden.
- We refer to the creator’s copyright when using third-party original training material.
8. Remuneration and terms of payment
- All prices of TIP Training Improves Performance are net prices in euros, plus the legal German VAT. Packaging and shipping costs will be charged separately.
- Payment is to be made immediately upon receipt without deduction.
- TIP Training Improves Performance is entitled to pass on price increases to the customer, should unforeseeable cost increases occur (e.g. currency fluctuations, unexpected price increases of suppliers, etc.)
- Should the execution of the event display significant defects, and should TIP Training Improves Performance be made responsible, then TIP Training Improves Performance may repeat the event without any extra cost for the customer within a reasonable period, or may offer to reduce the event remuneration adequately.
- This requires a complaint by the customer, which must be made immediately, at the latest within two weeks of it becoming known.
- The right to extraordinary termination for cause remains unaffected.
- Further claims of the client on grounds of breach of duty are excluded. This exclusion does not apply to intent or gross negligence, and not in the case of injury to life, body or health.
10. Data protection
In case a customer comes under the personal scope of protection by the German Federal Data Protection Act, he or she agrees to the processing of data as far as it is required for the purpose of the organization of the event.
11. Limitation of actions
Claims arising from this contract shall expire after three years from their knowledge but no later than eight years after the agreed latest date of service performance. This does not apply in the event of intent, and as far as product liability law is applied.
12. Applicable law
- All legal relations between parties are governed by the law of the Federal Republic of Germany excluding the laws regarding the international sales of movable goods.
- If the customer is a merchant, a legal entity governed by public law or public law trusts, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of TIP Training Improves Performance.
- The same applies if the customer has no general place of jurisdiction in Germany or if his or her address or habitual residence are not known at the time of bringing legal action.
- The right to appeal to a another court of jurisdiction remains unaffected. (as of 1 May 2009)
- The contractual relationship and its execution are governed exclusively by the laws of the Federal Republic of Germany excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
- This choice of law also applies to consumer contracts, provided section 29 EGBGB does not conflict (i.e. ‘Einführungsgesetz zum Bürgerlichen Gesetzbuch’; Introductory Law to the German Civil Code).
13. Severability clause and final provisions
Should individual provisions of the contract including these regulations be entirely or partially invalid, void, or contestable, or should the contract contain a gap, then the regulations are to be interpreted or supplemented so that the intended economic purpose is reached as accurately as possible in a legally permissible manner, and the validity of the remaining provisions or parts of these provisions remain unaffected. The ineffective or missing provisions are to be replaced by the respective legal regulations.