§ 1 Scope
The terms and conditions apply to all assignments of our lecturers, trainers, coaches, trainers as well as for all training and further education, trainings, lectures, assignments and events, i.e. to all agreements and/or contracts with the CONSULTING-DE owner Dirk Elies. In the following the company is hereinafter referred to as CONSULTING-DE, however it shall stand for the sole proprietor and owner in its entirety Dirk Elies CONSULTING-DE.
§ 2 Registrations
All registrations (in writing and/or by email) will be considered in the order in which they are received. If seats for participation are available, the registration will be confirmed by CONSULTING-DE in writing or by email within 48 hours. The confirmation serves as an agreement. If there are no current seats available you will be offered the next available or an alternative appointment.
§ 3 Fees
The fees are payable immediately upon receipt of the invoice. All quoted prices exclude the value added tax (VAT). Where applicable the VAT will appear separately on the invoice.
§ 4 Performance by CONSULTING-DE
In accordance with the agreement, CONSULTING-DE provides teaching staff, event rooms and teaching material if necessary. CONSULTING-DE reserves the right to cancel appointments, change the date and/or time of the event, change the details of the schedule and/or itinerary and/or change the teaching personnell (while maintaining the high quality standards and overall character of the respective event measure) if the following events occur: if there are fewer than 5 participants, the teaching staff or the event rooms are unavailable, in the event of force majeure or for any other important reason.
CONSULTING-DE will inform the participant(s) of the aforementioned as soon as possible. In the event of cancellation by CONSULTING-DE, fees already paid will be reimbursed in full. CONSULTING-DE assumes no liability for any expenses incurred by the participant(s) due to organizational and/or time changes.
§ 5 Obligations of the participant(s)
Personal attendance is mandatory for all the participants. If the participant(s) is/are unable to attend, the participant(s) agree(s) to inform CONSULTING-DE in advance and/or a timely manner. If possible, CONSULTING-DE will suggest an alternative date.
Refunds are not available if an appointment cannot be re-scheduled.
Because the training and/or instructions are based on real-life scenarios the participant(s) may have access to confidential documentation. Terefore, by signing a contract and/or entering into an angreement with CONSULTING-DE all participants agree to adhere to a strict confidentiality. A violation of this confidentiality is cause for immediate (extraordinary) termination of the contract and/or agreement with CONSULTING-DE (in writing); in such an event CONSULTING-DE will be compensated for any damages that have or will be inccurred by CONSULTING-DE.
§ 6 Cancellation and termination
A cancellation (in writing) by the participant(s) is free of charge up to 4 weeks before the appointment; up to 2 weeks before the appointment: The charge will be 50% of the order amount, two (2) weeks or less before the appointment: The charge will be 100% of the order and/or agreement amount. Termination/Cancellation after the start of the appointment is possible at the end of a training session (according to the agreement/contract). This must be declared in writing at least one week prior to the end of the entire training session. The mutual right to immediate (extraordinary) termination (in writing) for an important reason remains hereby unaffected.
§ 7 Copyright
Any and all training content, documents and materials for the participant(s) are the intellectual property right of CONSULTING-DE. Duplications are only permissable after prior written approval and consent of CONSULTING-DE. In addition, the company logo may only be used with the prior written approval and consent of CONSULTING-DE. CONSULTING-DE may choose to provide the appropriate manuscripts.
§ 8 Liability
CONSULTING-DE is only liable for damages caused by gross negligent conduct resulting in the intentional breach of duty causing injury to life, limb, health and other damages.
The information on the CONSULTING-DE webpage or in any other training content, documents and materials which are provided do not constitute any guarantees or assurances.
§ 9 House rules
The teaching and/or training contract includes any and all of the current house rules and regulations, wich are given to the participant(s) or are posted in the class rooms.
§ 10 Severability
If the general terms and conditions have not become part of the contract in whole or in part or are invalid, the remainder of the contract and/or the agreement remains valid. If the general terms and conditions have not become part of the contract and/or agreement or if the terms and conditions are ineffective, the content of the contract and/or the assignment is based on the statutory provisions.
§ 11 Place of jurisdiction
The place of jurisdiction for all disputes arising from the contracts and/or agreements is the place of performance. Legally binding clarifications and/or agreements can only be made with CONSULTING-DE.
§ 12 Written form clause
Changes and/or additions to this contract and/or agreements and/or to the general terms and conditions must be made in writing. This also applies to any and all changes made to this written form clause itself. Effective date of the general terms and conditions: May 01, 2020 possible later versions replace the previous terms and conditions.