General Terms and Conditions (GTCs) of the Academy of Health Berlin/Brandenburg eV for educational services in the field of further education, seminars, training courses and mobile training courses (in-house training courses)
1. Definition, contractual partners and scope
Training participants and other customers are referred to as contractual partners. The general terms and conditions are the basis for all service offers and business relationships between the contractual partner and the Academy of Health Berlin/Brandenburg eV (AdG) for educational services in the field of continuing education, seminars, training courses and mobile training courses (in-house training courses), hereinafter also referred to as events. Changes and deviations are only effective if they are confirmed in writing by AdG. If the contractual partner concludes services from AdG for third parties, the contractual partner must inform them of all contractual obligations, including these general terms and conditions.
2. Offers, contract content and conclusion of contract
The essential components of the contract are the cost estimate confirmed in writing by the contracting party and the AdG general terms and conditions. The contracting party will be informed about the content of the educational service via the cost estimate and, if applicable, additional advertising material (flyers, brochures, e-papers). The content specified therein is subject to change and non-binding.
The contract is concluded either by accepting the contract partner's offer and by written confirmation of registration by AdG or by signing the contract by both parties. Separate contracts serve to regulate and/or individualize the scope of services and further modalities. Deviations, changes, additions and ancillary agreements to the content of the service offers and the content of contracts must always be in writing.
3rd Quality Commandment of the Academy of Health Berlin Brandenburg eV
The AdG ensures that events are held on the basis of current technical and didactic knowledge. The same applies to the use of speakers. Learning objectives to be achieved are implemented against the background of the AdG competency level model, if necessary through suitable curricular and teaching and learning-related didactic concepts. The competencies are taught in a personalized and practical manner according to the didactic concept and, if appropriate, promoted in concrete skill and simulation training at the academy's own SkillCenter.
4. Service-related materials and additional services
Unless otherwise agreed, service-related material (e.g. organizational plans, scripts, handouts, seminar documents, PowerPoint slides, software, etc.) provided by AdG is included in the agreed remuneration.
The AdG alone, or if indicated accordingly, the respective author or manufacturer, owns the copyright to the materials provided. Without the express consent of the AdG, the contractual partner or third parties are not permitted to reproduce service-related material in whole or in part, to include it in data processing media, to distribute it in any form and/or to make it available to third parties. All learning materials that are not expressly made available free of charge by the AdG must be obtained by the contractual partner at the contract partner's expense. Unless otherwise agreed, meals, accommodation and other conference costs are not included in the seminar price.
5. Content and organizational changes
The AdG may change the content or organization of events before or during the event, provided that the core objective of the event is not completely changed. This may also affect the duration of educational services (extension or shortening). If necessary, the AdG is entitled to replace speakers with equally qualified people, even at short notice.
6. Terms of payment
The fee for events is due within 10 days of receipt of the respective invoice after the invoice date and without deduction. The invoices are issued either at the start of the event or in stages, or after its completion. The written agreement of monthly installment payments is possible on a case-by-case basis if the contractual partner has granted a direct debit authorization for this. The contractual partner must pay the contractually agreed fees and costs in full, even if he misses individual event periods, regardless of the reason. Changes and deviations in content and/or organization also do not entitle the agreed fee to be reduced.
If the contractual partner defaults on payments, AdG's claims will be subject to interest at a rate of 5% (8% if the contractual partner is not a consumer) above the applicable base interest rate. AdG's right to prove and assert higher damages remains unaffected.
7. Withdrawal/Revocation by the Academy of Health Berlin/Brandenburg eV
AdG may withdraw from the contract before the start of the seminar if the minimum number of participants specified in the service offer is not reached or for other important reasons (force majeure, sudden illness of the speaker). If an event is cancelled, AdG will inform the contracting party immediately. Any fees paid will be refunded - pro rata if the event has already begun. Liability and damages claims by the contracting party against AdG are excluded in all cases.
8. Withdrawal/Cancellation by the Contracting Party and Damages
In the event of cancellation by the contractual partner, cancellation fees will be due in the following amounts, taking into account the time of cancellation before the start of the event:
- up to 4 weeks before the start of the event:
amounting to 20% of the invoice amount - up to 2 weeks before the start of the event:
40% of the invoice amount - up to one week before the start of the event:
amounting to 80% of the invoice amount.
If you cancel less than one week before the event begins or if the event in progress is cancelled, the agreed fees will be due in full.
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If replacement persons are sent, no cancellation fees are payable.
If cancellation fees are incurred for reservations made on behalf of the contractual partner (e.g. hotel reservations, seminar rooms, speakers) and catering services, these will be charged in full to the contractual partner regardless of the time of cancellation.
Dates are only legally binding if they have been agreed in writing. The contracting partner can only withdraw from the contract and/or demand compensation instead of the event if he has previously given AdG a reasonable deadline in writing or by email to provide the service, together with the declaration that he will refuse to accept the event after the deadline has expired without success. The contracting partner can no longer demand the educational service after the deadline has expired without success. Any claim to compensation instead of the educational service due to delayed service or to reimbursement of wasted expenses is limited to up to 50% of the net invoice value of the educational service affected by the delay.
If the contractual partner is a consumer within the meaning of Section 13 of the German Civil Code (BGB) and is entitled to a statutory right of withdrawal, he has the right to withdraw from the contract within two weeks of conclusion of the contract in accordance with Section 355 of the German Civil Code (BGB).
9. Liability
The AdG assumes no liability for any intended success of the event and/or any intended admission to examinations and/or passing of such examinations, regardless of their type.
If educational events take place on the premises of the contracting partner, the latter is responsible for equipping the rooms and complying with safety regulations and accident prevention provisions. Claims for damages by the contracting partner are excluded, with the exception of claims for damages by the service recipient arising from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by AdG, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the aim of the contract. In the event of a breach of essential contractual obligations, AdG is only liable for the damages that are typical for the contract and foreseeable if this was caused by simple negligence, unless it is a claim for damages by the contracting partner arising from injury to life, body or health. The restrictions also apply in favor of the legal representatives and vicarious agents of AdG if claims are asserted directly against them.
AdG is not liable for items brought in by the contractual partner (cloakroom, training materials, etc.). The respective house rules must be observed.
10. Certificate of Participation
After completion of the training event, the contracting party or the respective individual participants will receive a certificate confirming their participation in the event and the qualification achieved, if applicable.
11. Place of jurisdiction
If the customer is a merchant within the meaning of the German Commercial Code or a legal entity under public law, Berlin is agreed as the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
12th Severability Clause
Should individual provisions of these agreements prove to be invalid or should gaps in the contract that require supplementation become apparent during the implementation of the contract, this shall not affect the validity of the remaining contractual provisions or the validity of this contract as a whole. Rather, the contracting parties undertake today to interpret, supplement, reinterpret or replace the invalid provision or to fill the contractual gap in such a way that the economic purpose pursued by the invalid provision or the economic purpose endangered by the contractual gap is achieved in the best possible way.
