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General Terms and Conditions of IDL GmbH Mitte for Training Events / Seminars (Face-to-face and online)

1. Scope of application

The following General Terms and Conditions for Training apply to all current and future business relationships as part of training courses, seminars, etc. between IDL GmbH Mitte – hereinafter referred to as IDL – or its subsidiaries and customers, clients, training and seminar participants (hereinafter referred to as the customer). Conflicting or deviating terms and conditions of the customer shall not form part of the contract unless we expressly acknowledge them in writing and in a legally binding manner. These General Terms and Conditions for Training shall also apply to all subsequent transactions if no express inclusion has been agreed.

2. Registration / conclusion of the contract

2.1 Our pre-contractual communications, in particular training offers and descriptions, are subject to change without notice unless expressly agreed otherwise. Our confirmation of registration is decisive for the content and scope of the contract.

2.2 Customer registrations must be made before the start of training and are binding. The customer can only complete the registration online using the registration form on the Internet. Upon receipt of registration, the customer will receive a confirmation of receipt. As soon as the minimum number of participants is reached, the customer will receive a confirmation of registration and an invoice, which is payable without deduction immediately upon receipt. The training contract is concluded upon receipt of the registration confirmation.

2.3 Registrations will be considered in the order in which they are received. The number of participants is generally limited in order to make the events efficient for all participants. In the case of registrations received in excess of this limit, we will do our best to offer the customer an alternative date.

2.4 Only employees and / or owners of companies who have a business relationship with IDL or persons who have been expressly granted a special arrangement are entitled to participate in the system training courses offered. Participation in the specialist training courses (e.g. training sessions that do not assess IDL software products) offered is open to all persons, even if they do not have a business relationship with IDL.

3. Price / seminar success

3.1 The price stated for IDL’s services includes the teaching materials. No refunds will be granted for services not or incompletely used.

3.2 If a participant books three training courses for one and the same person in one registration (same date of receipt of applications by IDL) within one calendar year, we will grant a 10 percent discount on the invoice amount. If a replacement participant is named and / or if the participant cancels the event, we shall reserve the right to invoice the discount granted. If three or more participants from a company participate in the same training event (same day, location and training title), we will grant the third and each additional participant a 10 percent discount.

3.3 IDL is responsible for execution of the training. Success is not owed by IDL, since such success depends on the commitment and previous knowledge of the customer and the other participants.

4. Changes / deregistration

4.1 In exceptional cases, we reserve the right to reschedule or cancel an event for an important reason, or to appoint a substitute speaker. A postponement or cancellation of a training course may also occur if there are less than four registrations for a training course and/or the event manager is ill.

4.2 We reserve the right to make changes to the content or the procedure of the training content for reasons of topicality.

4.3 In the event of a change, the customer will be notified by us in good time, but no later than one week before the scheduled training date.

4.4 Should a training event be completely cancelled by IDL, the customer will be refunded any training fees already paid. He shall not be entitled to any further claims.

5. Cancellations

5.1 Cancellation of the registration by the customer is possible free of charge up to one week prior to the deadline for registration at the latest. For cancellations received no later than two weeks before the scheduled start of the training course, the customer must pay 50 percent of the training fee. The full fee is due for late cancellations or non-participation. The date of receipt of the customer’s notice of deregistration / cancellation, which must be made in writing to IDL, is what counts in each case. The customer has the right to prove that IDL suffered no or less damage as a result of the deregistration and/or non-participation.

5.2 Written designation of a replacement participant on the part of the customer who fulfils the requirements pursuant to Section 2.4 is possible at any time at no additional cost.

5.3 Should the training event be postponed / relocated, the customer can cancel his registration at no cost within one week of receipt of the notification of change. In the case of changes in content, this shall only apply if the changes are so substantial that they are unreasonable for the customer.

6. Terms of payment

6.1 Unless agreed otherwise, our invoices are due immediately and payable without deduction within 14 days of the invoice date at the latest. If no payment is made by then, we are entitled to demand interest of eight percentage points above the respective base interest rate p.a. of the ECB for the period thereafter. We reserve the right to claim further damages in the event of default in payment.

6.2 The customer can only assert a right of retention if it is based on the same contractual relationship. He shall only be entitled to set-off if we have acknowledged the counterclaim or if it has been legally established.

7. Liability

7.1 In case of liability which is legally specified and which does not depend on blame or fault, in particular as a result of warranties or in line with product liability legislation as well as injuries to persons (injury of life, body, health), IDL shall be liable.

7.2 In the event of other breaches of duty, IDL shall only be liable for intent and gross negligence. This limitation shall also apply to IDL’s legal representatives, employees, staff and vicarious agents. Insofar as IDL is not accused of intentional breach of contract, the liability for damages shall be limited to the foreseeable, typically occurring damage.

7.3 If a cardinal obligation is breached, IDL shall also be liable for slight negligence.

Cardinal obligations are above all those obligations the fulfilment of which makes the proper execution of the contract possible in the first place, the fulfilment of which the customer therefore relies on and may rely on. In the event of a breach of a cardinal obligation, however, liability for damages shall be limited to the foreseeable, typically occurring damage.

7.4 The foreseeable, typically occurring damage is limited to the amount of the seminar fee, up to a maximum of EUR 5,000.00.

7.5 Any liability on the part of IDL shall be excluded if the training instructor merely expresses his personal opinion and this can be recognized as such.

7.6 IDL accepts no liability for the customer’s belongings (e.g. wardrobe, private working materials, etc.) brought along to the event. The customer must take care of his personal belongings himself.

8. Obligation to cooperate

We expressly point out that the success of our service is dependent on both the effective participation and on the consistent, targeted cooperation of the participants and their previous knowledge.

9. Protection of intellectual property

The customer acknowledges IDL’s copyright to the training documents, documentation and/or parts thereof. Their duplication, distribution, translation, public reproduction and/or use as well as any passing on to third parties is not permitted.

All rights reserved by IDL. The customer shall not be granted any right of use or exploitation. Violations of copyrights and unfair competition will also be prosecuted.

10. Miscellaneous / final provisions

10.1 The place of performance and jurisdiction for all disputes arising from this contract shall be the registered office of IDL.

10.2 Amendments, supplements and additional agreements shall be made in writing; this shall also apply to the cancellation of the written form requirement.

10.3 The law of the Federal Republic of Germany shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

10.4 Should one or more provisions of these General Terms and Conditions for Training be or become invalid, this shall not affect the validity of the remaining provisions.

IDL GmbH Mitte, General Terms and Conditions for Training

Status: August 2020