Conditions of Participation
§ 1 Scope of application
(1) These Conditions of Participation comprise the conditions which apply exclusively between you and us, the company DIAL GmbH, Bahnhofsallee 18, 58507 Lüdenscheid, insofar as these are not amended by written agreement between the parties. Conflicting or differing conditions shall not be recognized by us unless we have expressly consented to them.
(2) We conclude agreements only with entrepreneurs within the meaning of § 14 of the German Civil Code (BGB).
(3) Amendments to these Conditions of Participation will be communicated to you in writing, by fax or e-mail. Should you fail to object to such amendments within four weeks after receipt of the communication, the amendments shall be deemed to have been accepted by you. In the event of amendment of the terms and conditions, you will be advised specifically of your right to object and the legal consequences of remaining silent.
§ 2 Concluding the agreement, subject matter of the agreement
(1) The presentation of our services shall not constitute a binding offer on our part. Only an order placed by you shall be a binding offer to us. In case of the acceptance of this offer we will sent you a confirmation of the registration by e-mail.
(2) Our service includes participation in the seminar and, in the case of an attended seminar, seminar material, beverages during breaks and lunch. Where seminars are booked which are provided by means of electronic transmission (e-learning), for example webinars and web-based training, our service is limited to the provision of a virtual learning environment and of the learning content in a form of teaching that is chosen by us.
§ 3 Terms of payment, rebooking
(1) The seminar fee includes 19% VAT and shall be paid at the latest two weeks before the commencement of the seminar.
(2) The invoice for the seminar fee will be sent to you with the confirmation of registration.
(3) If you are unable to join the seminar on the date fixed and you inform us of this in writing at least 7 days before the commencement of the seminar, you shall have the one-off possibility of rebooking within one year to participate on a different date or in another seminar from our selection. In all other cases, the full seminar fee shall be due. A replacement participant can be designated at any time without any extra charge.
§ 4 Limitation of liability
(1) We shall be liable only in cases of intent and gross negligence. We shall further be liable for the negligent breach of obligations, the performance of which would make the proper fulfilment of the agreement possible, the breach of which would jeopardize the achievement of the purpose of the agreement, and on the observance of which you, as customer, may generally rely. In the last-named case we shall however only be liable for foreseeable damages typical for this type of agreement. We shall not be liable for the negligent breach of obligations other than those stated in the preceding sentences.
(2) The above-mentioned exclusions of liability shall not apply in cases of death, bodily injury and injury to health. Liability according to the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
(3) In cases where the seminar is postponed or cancelled for reasons for which we are not responsible (e.g. insufficient participants, illness of the speaker), we shall communicate this to the registered participants without delay and the seminar fee shall be refunded. Further claims shall be excluded.
§ 5 Final provisions
(1) Amendments or additions to these Conditions of Participation must be made in written form. This shall also apply for the cancellation of this written form requirement.
(2) The legislation of the Federal Republic of Germany shall apply.
(3) The place of fulfilment as well as the exclusive court of jurisdiction for all disputes arising from or in connection with this agreement shall be Lüdenscheid.
(4) In the event that individual provisions of this agreement are invalid or contrary to statutory requirements, this shall not affect the validity of the agreement as a whole. The invalid provision shall with the agreement of both parties be replaced by a legally valid provision that comes as close as possible to the economic purpose of the invalid provision. The above provision shall also apply in case of any lacunae in the agreement.