Terms and Conditions
Terms and Conditions
These following General Terms and Conditions apply to all legal relationships between us, the Management-Institut Dr. A. Kitzmann GmbH & Co. KG (hereinafter referred to as "Management-Institut Dr. A. Kitzmann" or "we"), and our customers in connection with the booking of seminars. Unless expressly stated otherwise, they apply regardless of whether the customer is a consumer or a business and regardless of which of our offered continuing education options is utilized.
These terms and conditions are newly agreed upon for each individual booking with us and do not constitute a framework agreement.
§ 1. Registration for Open Seminars and Booking of In-House Seminars
1.1. Registration for our open seminars is binding. If you book seminars through our website, you make a binding offer to book a seminar by checking the box "I am booking the seminar" and clicking the "Submit Registration" button. We will send you an automatic confirmation of receipt by email, which documents your booking. This automatic confirmation of receipt merely confirms that we have received your booking and does not constitute acceptance of your offer.
1.1.1. Upon conclusion of the contract and confirmation of registration, we will send the invoice.
1.1.2. For open seminars, you will receive a separate invitation with details about the seminar location 7 days before the seminar.
1.1.3. In addition to the binding registration, an optional provisional reservation is possible for open seminars. If no binding confirmation is received by the time of seminar execution, the reservation automatically expires.
1.2. The booking of an in-house seminar is completed when you confirm the acceptance of the offer to us (in writing or by phone).
1.3. The booking of e-learning is completed when you confirm the acceptance of the offer to us or carry out the booking (in writing or by phone).
1.4. The contract language and contractual correspondence are in the German language.
1.5. Your booking data will be stored by us in accordance with legal regulations.
§ 2. Cancellations and Rescheduling
2.1. Open Seminars
2.1.1. In the case of open seminars, free cancellations are possible, except in the case of a prior rescheduling (see below), up to 28 calendar days before the start of the seminar. Cancellation must be in writing (email is sufficient).
2.1.2. If a cancellation for an open seminar occurs less than 28 calendar days before the seminar starts, you have the option to receive a voucher for the participation fee. Alternatively, you can reschedule to another event date or substitute another participant. This can be done at any time until the start of the event. Rescheduling can be done multiple times and must be in writing (email is sufficient). The option to receive a voucher remains available, and the voucher is valid for 12 months.
2.1.3. A transfer coaching within the scope of an open seminar event can be canceled free of charge as long as no appointments with the trainer have been arranged. If canceled after appointment scheduling, the full participation fee will be charged.
2.2. In-House Seminars / Lectures and Coaching
2.2.1. In the case of in-house seminars, free cancellations are possible, except in the case of a prior rescheduling (see below), up to 28 calendar days before the start of the seminar. Cancellation must be in writing (email is sufficient).
2.2.2. In the event of a cancellation for an in-house seminar that occurs less than 28 calendar days before the seminar starts, you have the option to reschedule to another event date. If this is not desired, the full amount will be due. Rescheduling can be done at any time until the start of the event and can be done multiple times, with written notification (email is sufficient).
2.3. For E-Learning offerings, cancellation is free before the first login. Once the E-Learning starts (first login), the full participation fee will be charged.
2.4. Please remember to also cancel/reschedule any hotel accommodations, train tickets, flight tickets, etc., that you may have booked in connection with your booking in case of rescheduling/cancellation.
§ 3. Prices
3.1. Open Seminars:
The price specified at the time of booking is binding. The prices listed are net amounts in Euros. The statutory value-added tax is added to the net price. Unless otherwise specified, the prices are per participant.
The price specified in the offer is binding, plus travel expenses. The prices listed are net amounts in Euros. The statutory value-added tax is added to the net price. Unless otherwise specified, the prices are per seminar day.
Compensation for E-Learning offerings is due immediately upon booking and must be paid in advance. Payments are to be made without deduction to one of the accounts specified in the invoice.
3.4. Any necessary travel and accommodation costs are not included in the price.
§ 4. Reservation of Changes
4.1. For our open and in-house seminars, we reserve the right to make minor content and organizational changes (e.g., timing, breaks, etc.) to the seminar program before or during the seminar if it is beneficial to the event.
4.2. For our open and in-house seminars, we reserve the right, for a significant reason (e.g., illness), to use a different, equally qualified lecturer than initially planned for the seminar date, deviating from the event program.
§ 5. Seminar Cancellation
5.1. We reserve the right to cancel seminars due to force majeure, and if legal restrictions due to a pandemic prevent the seminar from taking place, up until and including the seminar date. The same applies in case of the unavailability of a lecturer for a significant reason (e.g., illness, accident, etc.), if we are unable to provide an equally qualified substitute lecturer.
5.2. Cancellation due to a low number of participants does not occur.
5.3. In case of cancellation by us and if payment has already been received, the full price plus VAT will be refunded. Beyond this, liability and damage claims, which do not concern injury to life, body, or health, are excluded, unless there is intent or gross negligence on our part. This also applies to futile expenses (e.g., hotel rooms and flight or train tickets booked by you). Otherwise, the provisions of the "Liability" section apply.
§ 6. Scope of Services
6.1. For open seminars and in-house seminars, the price includes participation in the booked seminar as described and seminar materials (see below).
6.2. For open seminars, it also includes a shared lunch per full seminar day and refreshments during breaks.
6.3. For e-learning products, the price includes the right to use the product for six months from the date of login data delivery. Each participant receives a personal access. The use of the e-learning software is limited to the respective participant, and sharing access data with third parties is not allowed.
6.4. When conducting in-house (online) seminars, the responsibility for providing the necessary infrastructure lies with you. You will receive timely information from us indicating the required hardware, software, and learning environment that need to be available and set up to ensure the conditions for successful further education.
§ 7. Seminar Materials
7.1. Each participant in open and in-house seminars receives comprehensive seminar materials that document the course of the seminar and serve for further study. The seminar materials also include exercises and practical examples.
7.2. The seminar materials are protected by copyright and are intended for personal use only. In particular, but not exclusively, the sharing with third parties, public distribution, or accessibility of materials, presentations, scripts, videos, images, audio recordings, etc., is not permissible without our written consent. This also applies to mere excerpts from the seminar materials.
§ 8. Quality Control for Open Seminars and In-House Seminars
Following each open or in-house seminar, participants will receive an evaluation form, allowing them to assess seminar content, methodology, and course of the seminar on a five-point scale.
After an in-house seminar, the customer will receive the evaluated assessments as well as individual evaluation forms.
§ 9. Data Protection
§ 10. Right of Withdrawal
10.1. RIGHT OF WITHDRAWAL
a) If you are a consumer as defined in § 13 of the German Civil Code (BGB) with your ordinary residence in a member state of the EU, you have the right to withdraw from the contract concluded with us within 14 days from the date of the contract without giving any reason.
b) To exercise the right of withdrawal, you must inform us of your decision to withdraw from the contract by means of a clear statement (e.g., a letter sent by post, fax, or email). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. You may use the following sample withdrawal form, but it is not obligatory:
c) SAMPLE WITHDRAWAL FORM
Management-Institut Dr. A. Kitzmann GmbH & Co. KG
Am Germania Campus
I/we () hereby revoke the contract for the provision of the following service that I/we () entered into:
Booked on: [Insert the booking date]
Name of the consumer(s): [Your name or the names of the consumer(s)]
Address of the consumer(s): [Your address]
Signature of the consumer(s) (only when communicating on paper):
Date: [Insert the date of the revocation]
(*) Delete as appropriate.
[Please fill in the information accordingly and use this form if you wish to exercise your right of withdrawal.]
10.2. Consequences of Withdrawal
If you withdraw from the contract, we are obliged to refund to you all payments we have received from you immediately and no later than fourteen days from the day on which we receive notice of your withdrawal from this contract. We will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. If you have requested that the service should begin during the withdrawal period, you shall pay us an appropriate amount corresponding to the proportion of services already provided up to the time you notify us of the exercise of the right of withdrawal compared to the total scope of the services agreed in the contract.
10.3. Expiry of the Right of Withdrawal
The right of withdrawal expires before the end of the 14-day withdrawal period if, at your explicit request, we have begun to perform the services agreed in the contract and have already fully performed the agreed services before the exercise of the right of withdrawal. You express your explicit consent to the provision of services before the expiry of the withdrawal period, in particular, by making use of the contractually agreed services within the withdrawal period, such as participating in a seminar.
§ 11. Liability
11.1. We are fully liable according to legal requirements for damages resulting from injury to life, body, or health and for damages under the Product Liability Act, which result from a culpable breach of duty by us or one of our legal representatives or vicarious agents.
11.2. In the case of a culpable breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely (so-called cardinal obligation), we shall be liable only for the foreseeable and typical damage.
11.3. In all other cases, we shall only be liable to you in cases of intent and gross negligence in accordance with the statutory provisions.
§ 12. Online Platform for Out-of-Court Dispute Resolution and Reference to § 36 VSBG
The European Union provides a website for the out-of-court resolution of consumer disputes related to online contracts for the sale of goods or the provision of services. You can access this website at www.ec.europa.eu/consumers/odr/. However, we do not participate in dispute resolution proceedings before a consumer arbitration board.
§ 13. Final Provisions
13.1. Contracts between the Management-Institut Dr. A. Kitzmann and customers are governed by the laws of the Federal Republic of Germany. The statutory provisions on the restriction of choice of law and the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, remain unaffected.
13.2. The exclusive place of jurisdiction for all claims arising from the business relationship with customers who are merchants is Münster in Westphalia. The same place of jurisdiction applies if the customer does not have a general place of jurisdiction in Germany or, after the conclusion of the contract, has moved his domicile or habitual residence from Germany or his domicile or habitual residence is not known at the time the action is filed.
13.3. If one or more provisions of the above regulations are or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. Instead of an invalid or unenforceable provision, the provision that comes closest to the invalid or unenforceable provision in a legally permissible manner shall apply, which corresponds to the presumed intention of the parties resulting from these terms and conditions.
As of: May 16, 2022