General Terms and Conditions
Table of Contents
- Scope, Definitions
- Services provided by the organiser
- Conclusion of the contract
- Prices and terms of payment
- Eligibility to participate, transfer of the contract
- Failure to reach the minimum number of participants
- Changes to or cancellation of the event
- Course materials
- Liability
- Contract Term and Cancellation
- Applicable Law
- Place of Jurisdiction
- Alternative Dispute Resolution
1) Scope of Application, Definitions
1.1 These General Terms and Conditions (hereinafter “GTC”) of Scagilize GmbH (hereinafter “the Organiser”) apply to all contracts for participation in courses/seminars (hereinafter “the Event”) which a business (hereinafter “the Customer”) concludes with the Organiser in relation to the events listed on the Organiser’s website. The inclusion of the Customer’s own terms and conditions is hereby excluded, unless otherwise agreed.
1.2 For the purposes of these GTC, a business operator is a natural or legal person, or a partnership with legal capacity, which, when entering into a legal transaction, is acting in the course of its commercial or self-employed professional activity
2) Services provided by the Organiser
2.1 The organiser offers both online and face-to-face events. The content of the event is set out in the relevant course description on the organiser’s website.
2.2 In the case of online events, the organiser shall provide its services exclusively in electronic form via online video streaming, using appropriate technical means. To this end, the organiser shall provide the customer with suitable software prior to the start of a video stream, and may also make use of third-party services for this purpose. To ensure trouble-free participation in the online video broadcast, 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 ensuring that these system requirements are met. The organiser shall not be liable for any technical problems attributable to the customer’s system failing to meet the minimum requirements.
2.3 In the case of face-to-face events, the organiser shall provide its services exclusively through personal contact with the customer and on premises selected by the organiser for this purpose. Unless otherwise stated in the organiser’s course description, the customer shall have no right to choose a specific venue for the desired event.
2.4 The organiser provides its services through qualified staff selected by the organiser. In doing so, the organiser may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the organiser’s course description, the customer has no right to select a specific person to conduct the desired event.
2.5 The organiser shall provide its services with the utmost care and to the best of its knowledge and belief. However, the organiser is not obliged to guarantee a specific outcome. In particular, the organiser does not guarantee that the customer will achieve a specific level of learning or that the customer will reach a specific performance target. This depends not least on the customer’s personal commitment and determination, 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 are intended 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 their data in the registration form, the customer submits a legally binding contractual offer in relation to the selected event by clicking the button that concludes the registration process. The customer can also submit the offer to the organiser 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 submission of the customer's contractual declaration.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end 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 a rejection of the offer, with the consequence that the customer is no longer bound by his declaration of intent. The same applies in the event that the event selected by the customer begins before the 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 saved by the organiser after the contract has been concluded and sent to the Customer in text form (e.g. email, fax or letter) after the Customer's order has been sent. The organiser will not make the text of the contract available beyond this.
3.5 Before submitting a binding offer via the Organiser's online registration form, the customer can correct their entries at any time using the usual keyboard and mouse functions.
3.6 The English language is available for the conclusion of the contract.
3.7 If the customer registers further participants for an event, he undertakes to be responsible for the contractual obligations of all participants registered by him, provided that he makes a corresponding declaration at the time of registration.
4) Prices and Terms of Payment
4.1 Unless otherwise stated in the organiser's offer, the prices quoted are total prices that include statutory VAT.
4.2 Costs for travel, accommodation and meals for face-to-face events are not included in the price and must be borne by the customer, unless otherwise stated in the organiser's course description.
4.3 The customer will be informed of the payment options on the organiser's website.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 If payment is made using a payment method offered by PayPal, payment shall be 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.
4.6 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: ‘Stripe’). Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.
5) Eligibility to Participate, Transfer of Contract
5.1 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 organiser's consent.
5.2 If a third party enters into the contract between the customer and the organiser, he and the customer shall be jointly and severally liable to the organiser for the participation fee and any additional costs incurred as a result of the entry of the third party.
6) Falling Below the Minimum Number of Participants
6.1 The organiser may specify a minimum number of participants for its courses. If a minimum number of participants is set, the organiser shall expressly indicate this in the course description.
6.2 If the minimum number of participants is not reached, the organiser may withdraw from the contract by giving notice to the Customer no later than seven days before the start of the course. The organiser shall send the customer his declaration 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.
6.3 If the organiser exercises its right of withdrawal in accordance with the above paragraph, the customer may demand participation in another event of at least equal value if the organiser is able to offer such an event from its range at no extra cost to the customer. The customer must assert his request to the organiser immediately upon receipt of the organiser's declaration.
6.4 If the customer does not exercise his right in accordance with the above paragraph, the organiser shall immediately refund any participation fee already paid to the customer.
7) Change or Cancellation of the Event
7.1 The organiser reserves the right to change the time, location, instructor and/or content of the event, provided that the change is reasonable for the customer, taking into account the interests of the organiser. Only insignificant changes to services that become necessary after conclusion of the contract and were not brought about by the organiser in bad faith are reasonable. The organiser shall inform the customer in good time in the event of a change to the time, location, course leader and/or content of the event.
7.2 In the event of a significant change to the service, the customer may withdraw from the contract free of charge or instead request participation in another event of at least equal value if the organiser is able to offer such an event from its range at no extra cost to the customer.
7.3 The customer must assert the rights in accordance with the above paragraph immediately after informing the organiser of the change in performance.
7.4 The organiser is entitled to cancel the event at short notice for important reasons, such as force majeure or illness of the course instructor, against full reimbursement of any participation fee already paid. The organiser will endeavour to find an alternative date if the event is cancelled.
8) Teaching Material
8.1 The organiser is the owner of all rights of use that are required to hold the event. This also applies with regard to teaching materials that may be provided to the customer in connection with the event.
8.2 The customer may only use the content of the event, including any teaching materials provided, to the extent necessary for the purpose of the contract as agreed by both parties. In particular, the customer is not entitled to record the event or parts thereof or to reproduce, distribute or make publicly accessible teaching materials without the organiser's separate permission.
8.3 In the case of online events, the customer shall be provided with course-related teaching material (e.g. teaching materials) exclusively in electronic form by e-mail or for download. Unless otherwise agreed, the customer is not entitled to receive the teaching material in physical form.
9) Liability
The organiser shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
9.1 The organiser shall be liable without limitation for any legal reason
- in the event of wilful intent or gross negligence,
- in the event of wilful or negligent injury to life, limb or health,
- on the basis of a guarantee promise, unless otherwise regulated in this respect,
- due to mandatory liability such as under the Product Liability Act.
9.2 If the organiser negligently breaches an essential contractual obligation, its liability shall be limited to the foreseeable damage typical for this type of contract, unless it is liable without limitation in accordance with the preceding clause. Essential contractual obligations are obligations which the contract imposes on the organiser, by virtue of its content, in order to achieve the purpose of the contract; the fulfilment of which is essential for the proper performance of the contract; and on the observance of which the customer may reasonably rely. In all other respects, the organiser’s liability is excluded, unless it is liable without limitation in accordance with the preceding clause.
9.3 The above liability provisions also apply with regard to the organiser’s liability for its vicarious agents and legal representatives.
10) Contract Term and Cancellation
9.1 The right of the organiser and the customer to terminate the contract for good cause remains unaffected. Good cause shall be deemed to exist if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all circumstances of the individual case and weighing the interests of both parties.
9.2 Cancellations must be made in writing or in text form (e.g. by e-mail). The detailed cancellation conditions can be found on the following website: https://www.scagilize.de/en-gb/cancellation-policy
11) Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties.
12) Place of Jurisdiction
If the customer is a trader, a legal entity under public law or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the organiser’s registered office. If the customer has its 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 is in any event entitled to bring proceedings before the court at the customer’s place of business.If the customer acts 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 exclusive place of jurisdiction for all disputes arising from this contract shall be the organiser's place of business.
13) Alternative Dispute Resolution
The organiser is not obliged to take part in dispute resolution proceedings before a consumer arbitration board, but is willing to do so.
