General terms and conditions

Section 1 General provisions

(1) Conflicting or differing terms of the client are recognised only if expressly agreed to in writing.

(2) The contractor’s terms also apply to all future transactions with the client insofar as they are of a related nature.

(3) By placing an order, the client accepts these terms and conditions; upon order confirmation, they become an integral part of the contract.

Section 2 Registration for training and instruction

(1) Registration for training and instruction must take place at least five working days before the scheduled date.

(2) Registrations must always be received by the contractor in writing, by fax or by email.

(3) Registration must state the course title, preferred date, participant’s full name and the address of the client (employer).

(3a) Training and instruction, including any tests and final examinations participants must complete, take place exclusively in German. By registering a participant, the client confirms that the participant has sufficient spoken and written German.

(4) Places are limited and allocated in the order registrations are received.

(5) Registration constitutes an offer under section 145 of the German Civil Code (BGB). The contractor may accept this offer in writing within two weeks of registration. Registration therefore becomes binding when the contractor issues written order confirmation within two weeks of registration.

(6) Unless otherwise agreed in writing, the training venue is Remscheid.

Section 3 Documents provided

(1) The contractor retains ownership and copyright in all documents provided to the client in connection with order confirmation. Reproduction or disclosure to third parties is permitted only with the contractor’s express written consent.

(2) These documents are prepared to the best of the contractor’s knowledge of current findings and the underlying law. The contractor nevertheless gives no guarantee as to their accuracy.

Section 4 Certificate of attendance

(1) Each participant receives a certificate or certificate of attendance after successfully completing the training or instruction.

(2) Attendance is recorded during events. If registered participants are absent without explanation, the contractor reserves the right not to issue a certificate of attendance for the course. The client will be informed in such cases. A participant’s absence does not remove the contractor’s entitlement to payment.

Section 5 Fees and payment

(1) Unless otherwise agreed in writing, the written order confirmation forms the binding basis for payment.

(2) All contractor fees are net amounts, plus VAT at the rate applicable when the contract is concluded.

(3) Unless otherwise agreed in writing, payment must be made within 14 days of the invoice date without deduction. Interest on overdue payments is charged at 8% above the respective base rate per annum. The right to claim reminder fees and higher damages for late payment is reserved.

(4) Payment must be made exclusively to the specified account. A discount for prompt payment is permitted only if expressly agreed in writing. Any incidental payment transaction costs are borne by the client.

(5) If a training location other than Remscheid is agreed, the contractor may charge the client reasonable travel costs and other expenses incurred or paid by the contractor.

Section 6 Contract duration

(1) The contract is concluded for the duration of the respective training measures.

(2) Early termination is possible only in exceptional cases for good cause. Reference is made to section 314 BGB.

Section 7 Organisation of teaching

(1) If the instructor is prevented from providing the service, the instructor must inform course participants without delay.

(2) Cancelled sessions will be rescheduled by agreement with the participants and instructor.

(3) If a rescheduled session is cancelled again before its date, the participant may reclaim the proportion of fees already paid for the cancelled teaching.

(4) The contractor otherwise reserves the right to make necessary changes to the content and/or organisation of training and instruction, provided these do not substantially alter the training objectives or content. The contractor may replace the instructor named in the course proposal with a comparably qualified person.

(5) The instructor may make delivery of the course on the agreed date conditional on a minimum of four participants.

Section 8 Participant unable to attend

(1) If a participant cannot attend, they must inform the contractor without delay in writing, by fax or by email.

(2) Cancellations received by the contractor up to 21 working days before the event are subject to a cancellation fee of 30% of the course fee. The cancellation fee is waived if another event is booked at the same time as the cancellation.

(3) Failure to attend on the event date, or cancellation within five working days of the start, results in the full event fee being charged.

(4) If a participant cannot attend, the client may send a substitute. The contractor must be informed without delay and given the substitute participant’s full name.

Section 9 Liability

The contractor’s liability is limited to intent and gross negligence.

Section 10 Data protection

Client and participant data are recorded electronically by the contractor and processed and used in accordance with applicable personal data protection provisions solely to perform the contract and safeguard legitimate business interests.

Section 11 Miscellaneous

(1) This contract and all legal relations between the parties are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) Unless the order confirmation provides otherwise, the place of performance and exclusive jurisdiction for all disputes arising from this contract is the registered office of RBS AuS Engineering in Wermelskirchen.

(3) All agreements between the parties for the performance of this contract are recorded in writing in this contract. Oral supplementary agreements require written confirmation to be effective. Amendments and additions, including changes to this written-form clause, must be in writing to be effective.

(4) If any provision of this contract is invalid or contains a gap, the remaining provisions remain unaffected. The parties undertake to replace the invalid provision with a legally permissible provision that comes as close as possible to its economic purpose, or fills the gap.

(5) Unless otherwise agreed in writing, the client gives the contractor revocable permission to name the client’s company as a reference on the website https://www.rbs-aus.de . Wermelskirchen, 30 May 2016