General Terms and Conditions

Table of contents

1. Scope of application, definitions

2. Services of the organiser

3. Conclusion of contract

4. Right of withdrawal for consumers

5. Prices and terms of payment

6. Entitlement to participate, transfer of contract

7. Shortfall of the minimum number of participants

8. Change or cancellation of the event

9. Teaching material

10. Liability

11. Applicable law, place of jurisdiction

12. Alternative dispute resolution

1) Scope of application, definitions

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Scagilize GmbH (hereinafter referred to as "Organiser") apply to all contracts for participation in courses/seminars (hereinafter referred to as "Event"), which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Organiser with regard to the Events presented on the website of the Organiser. The inclusion of the Customer's own terms and conditions is hereby objected to unless otherwise agreed.

1.2 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. 

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

2) Services of the Organiser

2.1 The Organiser offers both online and face-to-face courses. The content of the event results from the respective course description on the website of the organiser.

2.2 In the case of online events, the Organiser shall provide his services exclusively in electronic form via online video conference using appropriate technical means. For this purpose, the Organiser shall provide the customer with suitable application software before the start of a video conference, whereby the Organiser may also use the services of third parties for this purpose. For error-free participation in the online video conference, the customer's system must meet certain minimum requirements, which are communicated to the customer on the organiser's website. The customer is responsible for compliance with the system requirements. The Organiser is not liable for technical problems that are due to inadequate system requirements on the part of the Client.

2.3 In the case of face-to-face events, the Organiser shall provide his services exclusively in personal contact with the customer and in premises selected by him for this purpose. Unless otherwise stated in the Organiser's course description, the customer has no claim to the selection of a specific venue for holding the desired event.

2.4 The Organiser shall provide his services through qualified personnel selected by him. In doing so, the Organiser may also make use of the services of third parties (subcontractors) who work on his behalf. Unless otherwise stated in the Organiser's course description, the customer has no claim to the selection of a particular person to carry out the desired event.

2.5 The Organiser provides his services with the greatest care and to the best of his knowledge and belief. However, the Organiser does not owe a certain success. In particular, the Organiser does not guarantee that the customer will achieve a certain learning success or that the customer will reach a certain performance target. This depends not least on the personal commitment and will of the customer, over which the organiser has no influence.

3) Conclusion of contract

3.1 The events described on the Organiser's website do not constitute binding offers on the part of the Organiser, but serve for the submission of a binding offer by the customer.

3.2 The customer can submit his offer via the online registration form provided on the Organiser's website. After entering his data in the registration form, the customer submits a legally binding contractual offer with regard to the selected event by clicking the button that concludes the registration process. Furthermore, the customer can also submit the offer to the Organiser by telephone or by e-mail.

3.3 The Organiser may accept the customer's offer within five days,

- by sending the customer a written confirmation of registration or a confirmation of registration in text form (fax or e-mail), whereby the receipt of the confirmation of registration by the customer is decisive, or

- by requesting payment from the customer after the customer has submitted his contractual declaration.

If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the organiser does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent. The same shall apply in the event that the event selected by the customer begins before expiry of the acceptance period and the organiser does not accept the customer's offer at the latest 24 hours before the start of the event, unless otherwise agreed between the parties.

3.4 In the case of registration via the Organiser's website, the text of the contract shall be stored by the Organiser after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent his order. The Organiser does not make the text of the contract accessible beyond this.

3.5 Before submitting a binding offer via the Organiser's online registration form, the customer can correct his entries on an ongoing basis using the usual keyboard and mouse functions.

3.6 Only the German language is available for the conclusion of the contract.

3.7 If the customer registers further participants for an event, he/she undertakes to also assume the contractual obligations of all participants registered by him/her, provided that he/she makes a corresponding declaration at the time of registration.

4) Right of withdrawal for consumers

Consumers are generally entitled to a right of withdrawal. Further information on the right of revocation can be found in the organiser's instructions on revocation.

5) Prices and terms of payment

5.1 Unless otherwise stated in the Organiser's offer, the prices quoted are total prices which include the statutory value added tax.

5.2 Costs for travel, accommodation and catering for face-to-face events are not included in the price and shall be borne by the customer unless otherwise stated in the Organiser's course description.

5.3 Various payment options are available to the customer, which are indicated on the Organiser's website.

5.4 If payment in advance by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

5.5 If payment is made using a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5.6 If the payment method "SOFORT" is selected, the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account that has been activated for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is then immediately carried out by "SOFORT" and the customer's bank account is debited. More detailed information on the "SOFORT" payment method is available to the customer on the Internet at https://www.klarna.com/sofort/.

6) Eligibility to participate, transfer of contract

6.1 Only the person named in the registration confirmation is entitled to participate. A transfer of the contract to a third party is only possible with the consent of the organiser.

6.2 If a third party enters into the contract between the customer and the organiser, he and the customer shall be liable to the organiser as joint and several debtors for the participation fee and any additional costs arising from the entry of the third party.

7) Shortfall of the minimum number of participants

7.1 The organiser can determine a minimum number of participants for his courses. If a minimum number of participants is stipulated, the organiser shall expressly point this out in the course description.

7.2 If the minimum number of participants is not reached, the organiser can withdraw from the contract at the latest seven days before the start of the course by giving notice to the customer. The organiser shall send the customer his notice of withdrawal immediately after becoming aware that the number of participants has not been reached, at the latest seven days before the start of the course.

7.3 If the organiser makes use of his right of withdrawal in accordance with the above clause, the customer can demand participation in another event of at least equal value if the organiser is in a position to offer such an event from his range at no extra cost to the customer. The customer must make his request to the organiser immediately after receipt of the organiser's statement.

7.4 If the customer does not exercise his right in accordance with the above clause, the organiser shall immediately refund to the customer any participation fee already paid.

8) Change or cancellation of the event

8.1 The Organiser reserves the right to change the time, place, course leader and/or content of the event, provided that the change is reasonable for the customer, taking into account the interests of the Organiser. Reasonable changes are only insignificant changes to services which become necessary after conclusion of the contract and were not brought about by the organiser contrary to good faith. The organiser shall inform the customer in good time in the event of a change to the time, place, course leader and/or content of the event.

8.2 In the event of a significant change in services, the customer can withdraw from the contract free of charge or demand participation in another event of at least equal value instead, if the organiser is able to offer such an event from his range at no extra cost to the customer.

8.3 The customer must assert the rights in accordance with the above section immediately after informing the Tour Operator about the change in services.

8.4 The Organiser is entitled to cancel the event at short notice for important reasons, such as force majeure or illness of the course leader, against full reimbursement of any participation fee already paid. In the event of cancellation of the event, the Organiser shall endeavour to find an alternative date.

9) Teaching material

9.1 The organiser is the owner of all rights of use which are necessary for the implementation of the event. This also applies with regard to teaching materials which may be provided to the customer in connection with the event.

9.2 The customer may only use the contents of the event, including any teaching materials provided, to the extent necessary in accordance with the purpose of the contract agreed by both parties. In particular, the customer shall not be entitled to record the event or parts thereof or to reproduce, distribute or make publicly available teaching materials without the organiser's separate permission.

9.3 In the case of online events, course-accompanying teaching material (e.g. teaching documents) shall be made available to the customer exclusively in electronic form by e-mail or for download. Unless otherwise agreed, the customer shall not be entitled to receive the teaching material in physical form.

10) Liability

The organiser is liable to the customer for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:

10.1 The organiser is liable without restriction for any legal reason

- in the event of intent or gross negligence,

- in the event of intentional or negligent injury to life, limb or health,

- on the basis of a guarantee promise, insofar as nothing else is regulated in this respect,

- on the basis of mandatory liability such as under the Product Liability Act.

10.2 If the Organiser negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless liability is unlimited in accordance with the above section. Material contractual obligations are obligations which the contract imposes on the organiser according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and compliance with which the customer may regularly rely on.

10.3 Otherwise, liability on the part of the Organiser is excluded.

10.4 The above liability provisions also apply with regard to the liability of the Organiser for his vicarious agents and legal representatives.

11) Applicable law, place of jurisdiction

11.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties.

11.2 If the customer is acting as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the sole place of jurisdiction for all disputes arising from this contract is the Organiser's registered office. If the customer has his registered office outside the territory of the Federal Republic of Germany, the organiser's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract. In the above cases, however, the organiser shall in any case be entitled to call upon the court at the customer's registered office.

12) Alternative dispute resolution

12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

12.2 The Seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is prepared to do so.