1. Scope of Application, Conflicting Terms and Conditions, Individual Agreements

1.1 These General Terms and Conditions (hereinafter “GTC”) apply to all agreements between ALEGRIA GmbH & Co. KG, Taunusstraße 19, D-80807 Munich, registered in the Commercial Register at the Munich Local Court under HRA 73825 (hereinafter also “we” or “us”), and our customers (hereinafter “Customer”) regarding our services, including the underlying offers and declarations of acceptance.

1.2 These Terms and Conditions apply exclusively to business customers within the meaning of Section 14 of the German Civil Code (BGB).

1.3 These Terms and Conditions apply exclusively. Any conflicting or deviating terms and conditions of the Customer shall not become part of the contract unless we have expressly agreed to them in individual cases.

1.4 Individual agreements with the Customer (including individual ancillary agreements, supplements, and amendments) and deviating information in our offers or order confirmations take precedence over these Terms and Conditions.


2. Registration/Offer, Acceptance, Formation of the Contract, Contract Text, Contract Language

2.1 If a contract for participation in a seminar is concluded via our online shop on our website at “www.alegria-seminare.de,” the following applies:
   

2.2 If a contract is not concluded via our online shop in accordance with Section 2.1 of these Terms and Conditions, the following applies:

All offers and registrations, as well as all declarations of acceptance, amendments, other ancillary agreements, and arrangements made prior to or at the time of contract conclusion, must be in writing or text form (hereinafter “in writing”) to be legally valid.
The customer is bound by their registration for a seminar for seven calendar days. A valid contract is only concluded upon our written confirmation of the registration.
Unless otherwise stated or agreed, we are bound by our offers for two weeks after receipt by the customer. A valid contract is only concluded upon receipt by us of the customer’s written order confirmation.

2.3 When registering for multiple services, we are entitled to declare acceptance even with respect to only one or individual services.

3. Our Services, Changes, and the Customer’s Obligations

3.1 We are entitled to engage third parties (e.g., speakers) to perform our services. Such third parties are not parties to this contract.

3.2 Unless expressly agreed otherwise, we reserve the right to replace a speaker announced for an event with another speaker of equivalent caliber, provided this is reasonable for the customer and, in particular, the quality of the event is maintained.

3.3 We reserve the right—for example, due to the local conditions of the event venue or for legal reasons—to make changes to the content, methodology, and organization of the event, provided this is reasonable for the customer, particularly where the quality of the event is maintained.

3.4 Materials we use for our services are protected by copyright in accordance with statutory provisions. Unless otherwise agreed, the customer is only entitled to use such copyright-protected materials in accordance with statutory provisions. In particular, it is prohibited to distribute or publicly reproduce such copyright-protected materials or parts thereof without separate authorization (e.g., on the Internet).

3.5 Audio, image, and video recordings of our seminars are permitted only with our prior written consent.

3.6 The customer is obligated to observe the house rules applicable at the training location, to follow the instructions of the instructors, our representatives, and our vicarious agents, and to refrain from any action that interferes with the proper performance of our services.

4. Exams

4.1 Unless otherwise agreed, our services in connection with a training course include a written exam at the end of the course. For in-person courses, the exam is administered under supervision. If the course is conducted online, the exam is administered online via digital questionnaires within a specified time frame.

4.2 The exam is passed if the participant (see section 6.1 below) has answered 60% of all questions correctly. If the participant has passed the exam, we will issue an ALEGRIA training certificate stating “successfully passed.”

4.3 If the participant has not passed the exam, they will receive a written confirmation of participation upon request. The contracting parties may agree to conduct a retake exam for a separate fee as part of an additional session.

5. Prices, Discounts, Subsidies/Education Vouchers, Due Date of Payment, Late Payment, Set-off, Right of Retention, Retention of Title, Invoice Correction

5.1 All prices listed in our service offerings are per participant and event and exclude value-added tax (VAT). Any materials or certificates provided, as well as meals offered, are included in the price. Unless otherwise agreed, travel to and from the event and accommodation are not included in the price. If we agree with the customer to provide consulting services, payment is based on time spent.

5.2 Any discounts we offer cannot be combined with one another.

5.3 Subsidies, e.g., education vouchers, must be submitted fully completed at least three weeks before the start of the event. We charge a processing fee of EUR 50.00 plus VAT. If the requested subsidy is not approved or is only partially approved, the customer remains obligated to pay the full amount.

5.4 The agreed-upon remuneration is due in advance and without deduction upon invoicing.

5.5 During any period of default, we are entitled to charge statutory interest at a rate of 9 percentage points above the applicable base rate, as well as a statutory late payment fee of EUR 40.00. We reserve the right to claim higher damages resulting from the delay.

5.6 Customers are only entitled to set off claims if their counterclaim has been legally established, is ready for decision, or is undisputed. Customers are only authorized to exercise a right of retention to the extent that their counterclaim is based on the same contractual relationship.

5.7 Event materials provided remain our property until full payment has been made.

5.8 If the customer provided an incorrect billing address upon conclusion of the contract, we will charge a fee of EUR 15.00 plus VAT for each invoice correction.

6. Designation of the Participant, Right to Designate a Substitute Participant

6.1 Upon registration, the Customer must designate the person authorized to participate in the event (hereinafter “Participant”).

6.2 The Customer is entitled to designate a substitute participant in place of the Participant once, up to 48 hours before the start of the event. The designation of a substitute participant must be made in writing. We charge a fee of EUR 50.00 plus VAT for this.


7. Customer’s Right to Cancel the Contract, Cancellation Fees

7.1 The customer may withdraw from the contract at any time prior to the start of the seminar (hereinafter “cancellation”). The cancellation must be declared in writing.

7.2 In the event of cancellation, the customer is obligated to pay us a lump-sum compensation (hereinafter “cancellation fee”), specifically for a cancellation received by us (the first day of the seminar is not included in this calculation):

• up to four weeks before the seminar begins: EUR 25.00 plus VAT
• less than four weeks before the seminar begins: 25% of the agreed fee
• less than three weeks before the seminar begins: 50% of the agreed fee
• less than two weeks before the seminar begins: 75% of the agreed fee
• less than one week before the seminar begins: 100% of the agreed fee

If our service consists of “e-learning” without the participation of a presenter, no fee will be charged for a cancellation made before the first login.

8. Minimum Number of Participants, Withdrawal from the Contract

8.1 Unless otherwise stated or agreed, the minimum number of participants for our seminars is nine (9). If the minimum number of participants is not reached, we may withdraw from the contract up to two weeks before the start of the event.

8.2 We are also entitled to withdraw from the contract if the event cannot be held due to force majeure or other reasons (e.g., unforeseeable disruptions at the venue or unforeseen illness of the speaker, without a substitute speaker being available) for which we are not responsible. We will inform the customer of this immediately. We will endeavor to offer the customer an alternative date.

8.3 In the event of withdrawal pursuant to Section 8.1 or Section 8.2, we are obligated to refund any payments already made without delay.


9. Liability, Limitation of Liability, Statute of Limitations

9.1 We shall be liable without limitation in accordance with statutory provisions in the event of the assumption of a warranty of quality, in cases of intent and gross negligence, in the event of fraudulent concealment of defects, in the event of injury to life, limb, or health, and under the Product Liability Act.

This does not entail a shift in the burden of proof to the detriment of the customer.

9.2 In the event of a breach of a primary or ancillary obligation due to slight negligence, where such a breach jeopardizes the achievement of the purpose of the contract or where the fulfillment of such an obligation is essential for the proper performance of the contract and on which the customer was entitled to rely (hereinafter “essential ancillary obligation”), our liability is limited to damages typical of the contract and foreseeable at the time of conclusion of the contract. We shall not be liable for a slightly negligent breach of a contractual ancillary obligation that is not an essential ancillary obligation.

9.3 We assume no liability for personal belongings, including those in locked rooms within our training facilities, at the customer’s premises, or at other locations.

9.4 To the extent that our liability is excluded or limited, this also applies to the personal liability of our representatives, employees, and vicarious agents.

9.5 With the exception of claims arising from tort, the customer’s claims for damages for which our liability is limited under this Section 9 shall be barred by the statute of limitations one year after the statutory limitation period begins.


10. Governing Law, Jurisdiction

10.1 Contracts between us and the customer are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods.

10.2 If the Customer is a merchant, a legal entity under public law, or a special fund under public law, or if the Customer has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes between us and the Customer arising from or in connection with the concluded contract shall be Munich. However, we are entitled to sue the customer at any other court of competent jurisdiction. Statutory provisions regarding exclusive jurisdiction remain unaffected.

 
As of: May 2021