§ 1 Scope
(1) The following Terms and Conditions apply to all business transactions of German LabConCert GmbH with their customers. This includes in particular:
Not included are:
(2) The Terms and Conditions apply for the entire duration of the business relationship. Any Terms and Conditions of a customer will not be part of the contract even if German LabConCert GmbH
does not expressly exclude them and will especially not be tacitly accepted.
§ 2 Conclusion of contract
(1) The contract between German LabConCert GmbH and its customer is concluded when German LabConCert GmbH accepts the order placement of a customer by order confirmation within seven days. For a valid contract, the order placement as well as the letter of confirmation must be in text form.
(2) The customer is obliged to check the order confirmation for accuracy immediately upon receipt. If the order confirmation deviates from the customer's order, the customer has to object to German LabConCert GmbH in text form within seven days upon receipt. Otherwise, the contract is considered tacitly approved with the contents of the order confirmation.
(3) Updates and changes to offers and orders or the contractual relationship have to be determined by both contract parties in writing or by e-mail and are part of the contractual relationship between German LabConCert GmbH and the customer in the form of an additional agreement.
(4) German LabConCert GmbH sends all documents related to the contract and the conclusion of contract to the customer by e-mail or on request by post. These are in particular the order confirmation, the invoice, the Terms and Conditions and – if the customer is a consumer according to § 13 BGB – the instruction on the right of withdrawal, as well as information material. The customer is entitled to request the sending of individual or all documents by post instead. In this case, German LabConCert GmbH may claim the actual shipping costs from the customer.
§ 3 Payment and maturity date
(1) German LabConCert GmbH’s claim for payment regarding events (training, seminars, conferences, workshops) and certification of persons is due 14 days before the start of the event. In the case of in-house training, German LabConCert GmbH may demand an advance payment of 25 % of the expected costs from the customer. The obligation to advance payment is due when the customer receives the invoice. The obligation to pay the remaining fee is due when the customer receives the final invoice.
(2) All services of German LabConCert GmbH that have not been explicitly stated as included in the price are ancillary services that have to be paid for separately. If a fixed price has been agreed upon, German LabConCert GmbH may charge pro rata advance payments in accordance with the progress of the order fulfillment.
(3) Objections to the invoices of German LabConCert GmbH are to be communicated and substantiated to German LabConCert GmbH in writing or by e-mail within a cut-off period of 21 days upon receipt of the invoice. German LabConCert GmbH undertakes to inform the invoice recipients in the invoice of the time limit and the consequences of their omission.
(4) The customer is only entitled to offset and withhold claims of the same nature if they are established as legally effective or undisputed. For claims of different nature, the right of retention is limited to claims based on the same contractual relationship.
§ 4 Events, certification of persons and in-house training
(1) Registrations for events and certification of persons by German LabConCert GmbH are to be addressed to German LabConCert GmbH as early as possible. The conclusion of the contract is determined according to § 2. There is no right to participation in events or certification of persons.
(2) The participation fee applies per participant and event or certification of persons, unless expressly stated otherwise.
(3) Cancellations and booking changes must be sent to German LabConCert GmbH in text form. In the case of cancellations and booking changes for reasons outside the responsibility of German LabConCert GmbH, the following fees are to be paid per participant and event or certification of persons:
For this, the date of receipt of the cancellation or booking change by German LabConCert GmbH applies.
(4) The canceling customer may be substituted by an alternate participant, subject to the approval of German LabConCert GmbH. In case of approval there are no additional costs.
(5) German LabConCert GmbH reserves the right to provide the customer with a credit for the amount paid, redeemable for other events and certification of persons by German LabConCert GmbH.
(6) In the case of absence from the event or certification of persons or premature termination of participation for reasons outside the responsibility of German LabConCert GmbH, the full fee for the event or certification of persons is to be paid.
(7) If a binding performance date for in-house training is not cancelled by the customer at least 14 days in advance in writing or by e-mail for reasons outside the responsibility of German LabConCert, German LabConCert is entitled to demand full compensation for the unprovided service, unless the customer proves that it resulted in lesser or no damage to German LabConCert GmbH.
§ 5 Realization and cancellation of events, certification of persons and in-house training
(1) Events, certification of persons and in-house training are carried out according to the announced program content and generally accepted didactic and professional principles. For events and in-house training, German LabConCert GmbH reserves the right to substitute speakers and relocate or modify the program, provided this does not fundamentally change the purpose of the event and the change is reasonable for the customer, considering the interests of German LabConCert GmbH. There is no claim to an event being realized with a specific speaker or at a specific venue. For in-house training, the venue is determined with the customer in advance.
(2) German LabConCert GmbH undertakes to carry out the provided services with due didactic and professional diligence but cannot guarantee the customer’s learning success. Also, German LabConCert GmbH does not guarantee that its service falls short of the expectations of the customer.
(3) If an event must be cancelled for reasons outside the responsibility of German LabConCert GmbH (e.g. due to illness of a speaker or because of falling short of the minimum number of 10 participants), the customers will be notified immediately. Participation fees already paid for the events will be refunded. Further claims are excluded.
§ 6 Collaboration of the customer during in-house training
(1) The collaboration obligations of the customer are stated in the order confirmation of German LabConCert GmbH.
(2) The customer bears the additional expenses resulting for German LabConCert GmbH in the event of a delayed execution of the contract due to improper collaboration of the customer. German LabConCert GmbH is entitled to charge additional expenses even if a fixed or maximum price is agreed upon.
§ 7 Limitation of liability
(1) German LabConCert GmbH assumes no liability for damages caused by force majeure (e.g. power failures, natural disasters, industrial actions or traffic disruptions, network and server errors, line and transmission faults, viruses or other uncertainties of everyday life).
(2) German LabConCert GmbH only assumes unlimited liability in case of intention and gross negligence. In the case of a breach of substantial contractual obligations, German LabConCert GmbH is also liable for slight negligence. Here, the liability to pay damages is limited to the foreseeable, typically occurring damage. Material contractual obligations are obligations that enable the proper execution of the contract; the customer can rely on the fulfillment of these. Any further liability for damages is excluded.
(3) German LabConCert GmbH is not liable for damages resulting from alteration or falsification of material, documents or information handed to the customer by the customer himself or third parties.
(4) The limitations of liability given above also apply in favor of legal representatives, employees, staff, vicarious agents and assistants of German LabConCert GmbH.
(5) These limitations and exclusions of liability do not apply to liabilities arising from injury to life, body and health according to § 44a Telecommunications Act (Telekommunikationsgesetz); they also do not apply in case of the acceptance of a guarantee or to a liability according to the Product Liability Act (Produkthaftungsgesetz).
§ 8 Copyright and transmission
(1) All copyrights and co-copyrights and exclusive rights of use to training documents, presentations etc. created by German LabConCert GmbH remain with German LabConCert GmbH.
(2) The release and transmission of documents, presentations etc. created by German LabConCert GmbH as well as information acquired in context of services to a third party is prohibited, unless the parties have concluded a separate agreement in writing or in the form of e-mails.
§ 9 Discretion
German LabConCert GmbH is obliged to conceal all information about the customer acquired in the context of their contractual relationship. In particular, this applies to all information marked as confidential by the customer or recognizable as a trade secret.
§ 10 Note on data protection
(1) The storage and processing of the customer’s personal data is carried out in strict compliance with the EU General Data Protection Regulation and the Federal Data Protection Act (Bundesdatenschutzgesetz).
(2) The customer’s personal data is stored and processed only to the extent necessary for the execution and completion of the contractual relationship with the customer and only so long as German LabConCert GmbH is legally obligated to storage of this data.
§ 11 Applicable Law
German Law applies to the contractual relationships between German LabConCert GmbH and the customer.
§ 12 Place of fulfillment, place of jurisdiction and information on alternative dispute resolution
(1) If the customer is an entrepreneur according to § 14 of the German Civil Code (Bürgerliches Gesetzbuch), a legal person under public law or a special fund under public law the place of fulfillment is – unless otherwise agreed – Hilpoltstein.
(2) If the customer is an entrepreneur according to § 14 of the German Civil Code (Bürgerliches Gesetzbuch), a legal person under public law or a special fund under public all disputes arising out of or in connection with the contractual relationship with the customer are subject to the jurisdiction of the local district court Schwabach (Amtsgericht Schwabach) or the regional court of Nuremberg-Fürth (Landgericht Nürnberg-Fürth).
(3) In accordance with the Regulation on Online Dispute Resolution (Regulation (EU) No 524/2013), the European Commission provides an Online Dispute Resolution (ODR) platform for consumers, which the customer can access at
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=DE. German LabConCert GmbH is not obligated and unwilling to partake in a dispute resolution at a consumer arbitration board.