General terms and conditions
Trägerverein Umwelttechnologie-Cluster Bayern e. V.
§ 1 Scope of application
1.1 The following general terms and conditions (GTC) govern the contractual relationship between the customer and participant (hereinafter referred to as “Participant”) in seminars, workshops, training sessions and similar events (hereinafter referred to as “Events”) on the one hand and Trägerverein Umwelttechnologie-Cluster Bayern e.V. (hereinafter referred to as “Event Organizer”) on the other.
1.2 Even insofar as similar agreements between the parties hereto do not specifically so note, the Event Organizer’s GTC apply exclusively and as amended by the time the Event Organizer provided them to the Participant upon the latter’s submission of the declaration unless specifically agreed otherwise.
1.3 For purposes of these GTC, only an economic operator can be a participant. Moreover, economic operators within the meaning of these GTC are natural persons, entities or partnerships with legal capacity, who act in pursuit of their commercial or independent professional activities when entering into the legal transaction. Individual contractual arrangements take precedence over these GTC.
1.4 The GTC apply exclusively. The Participant’s opposing or deviating terms, if any, are not incorporated into the contract unless the Event Organizer expressly consented to their applicability.
§ 2 Registration / registration confirmation
2.1 Insofar as the Event Organizer advertises, presents or provides information about events on its website, in its program brochure or in other media, such measures typically represent legally non-binding offers, which serve the purpose of soliciting registrations.
2.2 The Participant may register for an event of the Event Organizer online, by email, letter, facsimile or by telephone. By registering, it declares in a binding fashion that it intends to avail itself of the service implicit in the event in question (“offer”).
2.3 A contract for participation in an event of the Event Organizer is effectively entered into once the Event Organizer has confirmed the Participant’s participation in writing (“acceptance”). The Event Organizer may accept the Participant’s offer within a reasonable period of time of 3 days.
2.4 As the number of participants for the events of the Event Organizer is limited, registrations are considered in the order in which they were received.
2.5 By contrast to non-members, the Event Organizer’s members receive preferential consideration for registration purposes as a rule. The Event Organizer makes such decision in its sole discretion.
§ 3 Performance
3.1 In the context of events, the object of agreement consists of the activity agreed, not the Participant’s achievement of a specific personal or economic outcome.
3.2 The Event Organizer undertakes to supply event materials as well as tools as agreed, and to furnish the Participant with such documents as it may discernibly need to take advantage of the event offerings (“event materials”).
3.3 Unless specifically agreed otherwise, the fee for a booked event includes the Participant’s participation in the event, along with event materials, and meals as intended by the Event Organizer.
3.4 Fees are per person and event and are stated exclusive of statutory sales tax.
3.5 The Event Organizer reserves the right to amend the sequence of activities as stated on the website or in the program brochure for a given event even on short notice, as well as to replace or cancel individual event lectures insofar as overall circumstances so require and such changes do not place an unreasonable burden on the Participant. In the event of such changes, the Event Organizer undertakes to preserve the overall character of the events.
3.6 The Participant is not entitled to have a particular speaker host an event. This is true even if the event’s announcement mentioned a particular speaker.
3.7 Changes pursuant to items 3.5 and 3.6 of these GTC do not give rise to any right on the Participant’s part, including but not limited to claims for a refund or partial refund of the fee or its reimbursement for other expenditures.
§ 4 Rejection of registration
4.1 The Event Organizer is entitled, in the presence of cause, to reject the registration of one of its members. Such cause is present, for instance, if the maximum number of participants has been reached.
4.2 For non-members, § 2 hereof applies.
§ 5 Cancelation
5.1 The Event Organizer is entitled to cancel or reschedule an event if the minimum number of participants is not reached, a speaker is unavailable or sick, or the event venue is closed, or for reasons of Force Majeure (external circumstances not attributable to the Event Organizer).
5.2 The Participant is aware that, as a result of ordinances, general directives or administrative acts for combatting or preventing the proliferation of the SARS-CoV2 or for similarly serious reasons of Force Majeure, it may not be possible for the event to be held and for the Participant to avail itself of related services. In this case there is no breach of duty on the part of the Event Organizer. This is the case irrespective of the time at which such ordinance, general directive or administrative act is adopted. In the event that the Event Organizer is hindered in the performance of its contractual obligations for the aforementioned reasons, the Event Organizer is entitled, to a reasonable degree, to adapt its offering accordingly to the legal framework then in effect. If the event is prohibited altogether, the Event Organizer has the right to inform the Participant of an alternative date in accordance with item 5.1.
5.3 In the event that a participant should be unable to attend the event due to a scheduling change made by Trägerverein Umwelttechnologie-Cluster Bayern e.V., the entry fee will be refunded to the participant in this case.
5.4 Trägerverein Umwelttechnologie-Cluster Bayern e.V. must issue cancellations on account of inadequate attendance at least 3 days prior to the event. In such a case, Umwelttechnologie-Cluster Bayern e.V. will refund any entry fee paid. No other claims, including but not limited to claims for the reimbursement of travel or accommodation expenses or loss of working hours or sales, may be derived from such cancellation.
5.5 If the Participant cancels its registration at least 15 calendar days prior to the start of the event, Trägerverein Umwelttechnologie-Cluster Bayern e.V. will refund the entire entry fee paid.
5.6 For cancellations received less than 15 days prior to the start of the event, Trägerverein Umwelttechnologie-Cluster Bayern e.V. will withhold 50% of the entry fee as an allowance for expense and refund the remaining 50% of the entry fee.
5.7 For cancellations received less than four days prior to the start of the event, Trägerverein Umwelttechnologie-Cluster Bayern e.V. will withhold the entire entry fee as an allowance for expense.
5.8 In cases of items 5.5 and 5.6, Trägerverein Umwelttechnologie-Cluster Bayern e.V. will accept another attendant in the Participant’s place at no extra charge. In such a case, no allowance for expenses pursuant to items 5.6 and 5.7 is incurred.
5.9 Notices of cancellation, withdrawal or rebooking must be given in writing.
§ 6 Copyright
6.1 Lectures and event documents fall within the purview of the Copyright Act (Urheberrechtsgesetz - UrhG).
6.2 Third parties are prohibited as a rule from photographing, filming or otherwise recording (at) events unless the Event Organizer and the participants expressly consented thereto, along with the publication of any images. By contrast, the Event Organizer is permitted as a rule to photograph, film or otherwise record (at) events. The Event Organizer may publish such images. Participants may object to such publication in writing.
6.3 Absent the written consent of Trägerverein Umwelttechnologie-Cluster Bayern e.V., the materials provided to the Participant in the course of the event must not be duplicated, disseminated, made accessible to the public or used in any other way.
6.4 Rights of use may only be transferred with the express written consent of Trägerverein Umwelttechnologie-Cluster Bayern e.V.
§ 7 Due date and payment
7.1 The amount of entry fees is stated in the appropriate event announcements. Fees are per person and event.
7.2 The entry fee is due three days from the invoice date and payable in full. No discount is granted in exchange for early payment.
7.3 Payment is made on account as a rule. Payment may not be effected by sending cash or checks. The event announcement will indicate exceptions, if any.
7.4 In cases of default of payment, participants owe default interest at a rate of nine percentage points above the prime rate unless participants or the Event Organizer furnish proof of lesser or greater damages, respectively.
7.5 Claims may not be set off by counter-claims unless the Event Organizer does not dispute or recognizes the counter-claim, or if a court has effectively established the same. The Participant may exercise a right of retention or refuse performance only if its counter-claim is based on the same contractual relationship.
§ 8 Account information
Payments are to be transferred to the following account of Trägerverein Umwelttechnologie-Cluster Bayern e.V.:
IBAN: DE60 7205 0000 0250 9924 27
§ 9 Liability
9.1 Claims for damages arising directly or indirectly from or in connection with the services are excluded irrespective of legal grounds.
9.2 This exclusion of liability does not apply to violations of an essential (cardinal) contractual obligation. Cardinal obligations are those that must be discharged if the contract is to be properly consummated, and on the fulfillment of which the Participant may reasonably rely – i.e., rights and obligations that the contract must grant given its substance and purpose.
9.3 Liability is limited to the indemnification of foreseeable damages associated with the underlying contract. In any case, the Event Organizer is free to furnish proof of lesser damages.
9.4 In addition, the exclusions and limitations of liability set forth in these GTC do not apply to damages arising from injuries to life, body or health, which are based on a willful or negligent breach of duty on the part of the Event Organizer, its legal representative or (vicarious) agents. Finally, the exclusions and limitations of liability set forth herein do not apply to other damages based on a willful or negligent breach of duty on the part of the Event Organizer, its legal representative or (vicarious) agents, or caused by the absence of a guaranteed quality or fraudulent concealment of defects.
9.5 The exclusions and limitations of liability set forth herein do not affect the provisions of the Product Liability Act (Produkthaftungsgesetz - ProdHaftG).
§ 10 Data protection
10.1 The personal data transmitted to Trägerverein Umwelttechnologie-Cluster Bayern e.V. are digitally stored and processed for administrative purposes as well as for the implementation of contracts. With regard to the details, reference is made to the Event Organizer’s data protection policy, which is available and may be viewed online at any time.
§ 11 Legal venue and place of performance
11.1 German law applies.
11.2 To the extent permitted by law Augsburg is selected as place of performance and legal venue.
§ 12 Miscellaneous
12.1 In the event that individual clauses of these GTC or any part thereof are ineffective or contain a loophole, the remaining provisions of these GTC and any part thereof continue in full force and effect.
12.2 Pertinent legal provisions take the place of any ineffective or missing ones herein.
Contractual arrangements deviating from these GTC are to be set down in writing for documentary purposes. Individual agreements take precedent irrespective of circumstances.