Terms of Service
General terms and conditions of the K-Taping Academy GmbH, Hagener Str. 428, 44229 Dortmund – following referred as supplier / organizer –
§ 1 Scope
(1) The services of the provider offered under www.k-taping.com in the context of the planning and execution of seminars are made exclusively on the basis of the following terms and conditions in the version valid at the time of conclusion of the contract.
(2) The general terms and conditions of the provider apply exclusively. General terms and conditions of the customer deviating from our general terms and conditions are not valid, unless we expressly agree to them.
(3) A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or partnership with legal capacity who, when concluding a legal transaction, is acting in the course of its commercial, professional or independent professional activity (hereinafter referred to as entrepreneur).
With regard to entrepreneurs, these terms and conditions also apply to future business relationships, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary terms and conditions, its validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.
§ 2 Registrations
(1) The seminar offer of the provider in the Internet represents a request to the customer for conclusion of the contract. By submitting the registration form, the customer books the offered seminar in a binding and chargeable manner.
(2) Registrations for the contractual seminars are possible over the Internet, by fax as well as by post. By registering, the participant acknowledges the validity of these conditions of participation. Registrations will be processed in order of receipt.
(3) The provider accepts the offer by sending a confirmation of registration in writing (e-mail). The provider will inform the customer within the same deadline about a rejection, for example, because of reaching the maximum number of participants, in writing (letter, e-mail).
§ 3 Prices, payment, discount
(1) Upon registration, no registration fee will be charged. The course fee is due 4 weeks before the start of the event after receipt of the invoice without deductions. The right to participate in seminars of the provider is subject to the full payment of the agreed fee.
(2) The prices shown on the provider’s website at the time of the conclusion of the contract apply. The participation fee includes the costs for visits, documents and refreshments. Overnight stays and additional treatments are – unless otherwise stated – not included in the participation fee.
(3) The payment of the purchase price is possible by bank transfer / prepayment.
(4) If the customer is in default of payment, we are entitled to demand default interest in the amount of 5 percentage points above the base rate of the European Central Bank. In the event that we assert a higher damage caused by default, the purchaser has the opportunity to prove that the alleged default damage was not incurred at all or at least substantially lower.
§ 4 Seminar documents
(1) Conference and seminar materials are provided by the provider, unless otherwise stated in the seminar information provided by the provider, and are included in the agreed fee.
(2) The rights, including those of translation, reprinting and duplication of seminar materials, are expressly reserved. Participants are not permitted to process, duplicate, distribute or publicly re-release seminar materials without the written consent of the provider outside the limits of copyright.
§ 5 Certificate of participation / certificates
If more than 80% of the relevant event time is visited by the participant, we will issue a confirmation of participation free of charge. In the case of training and / or certificate courses, a 100% attendance is required.
§ 6 Cancellation costs / cancellations / cancellation periods
(1) A cancellation of the contract by the participant is possible up to 7 days before the start of the event free of charge. It must be in writing, either by post or e-mail. For cancellations that arrive 5 days before the event or later, as well as for no-shows or premature termination of the event, the full participation fee is due. Decisive is the date on which the written cancellation and cancellation notice is received by the provider.
(2) The substitution of the registered participant by another person is possible if a substitute participant corresponding to the target group is nominated, who visits the event and makes the participation fee. The representative must be notified to the provider immediately and in writing. If a third party enters into the agreement, they are jointly and severally liable to the organizer as joint and several debtors.
(3) Medical certificates can not be taken into account when deregistering. The organizer strongly recommends the conclusion of a seminar insurance to avoid possible seminar, travel and hotel booking cancellation or cancellation costs.
§ 7 Cancellation of seminars, subject to change
(1) The provider is entitled to make necessary changes in content, methodology and organization before or during the event, provided they do not materially alter the benefits of the announced event for the participant. The Provider is also entitled to replace the nominated Speakers for other reasons related to the topic of the seminar if there are good causes such as illness or accident. A reasonable transfer of the seminar location, insignificant shifts in the schedule or a one-time postponement of the start date by a maximum of 8 weeks for urgent operational requirements do not entitle to withdraw from the contract or to reduce the fee. A claim for compensation for this is excluded
(2) The provider reserves the right to cancel the event due to non-achievement of the minimum number of participants. In the event of cancellation for other important reasons for which the provider is not responsible (eg sudden illness of the presenter, force majeure), the participant is offered an alternative appointment for the booked event.
(3) Already paid participation fees will be refunded in case of cancellation of a seminar. Further liability and damage claims that are not related to injury to life, limb or health are excluded unless intent or gross negligence exists. For indirect damage, especially lost profits or claims of third parties, no liability.
§ 8 Liability
Participation in the respective event is the sole responsibility of the seminar participants. Participants are at the event venues at their own risk. Claims for damages of the participants from positive breach of contract, from the breach of duties in the contractual agreements and from tort are excluded both against the organizer and against their legal representatives and their vicarious agents. Claims for damages against the organizer, his teachers and lecturers are – regardless of the legal grounds – excluded. For slightly negligent breach of duty, the liability of the provider and the vicarious agents of the provider is limited to the type of contract foreseeable, contract typical, direct average damage. For slightly negligent breaches of duty of non-contractual obligations, the breach of which does not endanger the performance of the contract, we and our vicarious agents are not liable. The provider is not liable for the loss or theft of brought objects in the seminar rooms. The organizer is not liable for the seminar participants. In the event of any treatment, self-practice or exercises as part of further education by other participants or course instructors, the participants act solely at their own risk.
§ 9 Data protection
(1) The provider treats personal data of the participants confidentially and in accordance with the legal data protection regulations and their own data protection principles. A transfer of your data without the express consent of the participants is not or only in the context of the necessary implementation and execution of the contract.
(2) The events of the K-Taping Academy as well as third parties commissioned by the K-Taping Academy may, under certain circumstances, take photographs and film recordings. By purchasing the ticket / booking and attending the events, the visitor of the K-Taping Academy grants the right to use, edit and publish the recordings, which may have been made by him, for unlimited time and space. The use includes in particular the use and disclosure for reporting and promotional purposes for the K-Taping Academy. The grant is free of charge.
§ 10 Applicable law, jurisdiction
(1) Applicable is the law of the Federal Republic of Germany.
(2) If the contractual parties are merchants, the court at our registered office in Dortmund has jurisdiction, unless an exclusive place of jurisdiction for the dispute is justified. This also applies if the participant is not resident in the European Union.
§ 11. Dispute settlement
The European Commission provides an online dispute resolution (OS) platform that you can find here http://ec.europa.eu/consumers/odr/code.
We are ready to participate in an out-of-court conciliation procedure before a consumer arbitration board.
Responsible is the General Consumer Arbitration Center of the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.
§ 12 Final provision
If a provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract remain unaffected.