General Terms and Conditions

Table of Contents

1. Scope of application, definitions
2. Services of the organiser
3. Conclusion of contract
4. Right of cancellation for consumers
5. Prices and terms of payment
6. Authorisation to participate, transfer of contract
7. Falling below the minimum number of participants
8. Change or cancellation of the event
9. Contract term and cancellation
10. Teaching material
11. Liability
12. Applicable law
13. Place of jurisdiction
14. Alternative dispute resolution
    
    

1) Scope of Application, Definitions

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

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

1.3 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, is acting in the exercise of their commercial or independent professional activity.

2) Services of the Organiser

2.1 The Organiser offers both online and face-to-face events. The content of the event is set out in the respective 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 transmission using appropriate technical means. For this purpose, the organiser shall provide the customer with suitable application software before the start of a video transmission, whereby the organiser may also use the services of third parties for this purpose. For error-free participation in the online video transmission, the customer's system must fulfil certain minimum requirements, which are communicated to the customer on the organiser's website. The customer is responsible for complying with the system requirements. The Organiser shall not be liable for technical problems caused by inadequate system requirements on the part of the Customer.

2.3 In the case of face-to-face events, the Organiser shall provide its services exclusively in personal contact with the Customer and in premises selected by the Customer for this purpose. Unless otherwise stated in the Organiser's course description, the Customer shall not be entitled to select a specific venue for the desired event.

2.4 The organiser shall provide its services using qualified personnel selected by it. The organiser may also use the services of third parties (subcontractors) who work on its behalf. Unless otherwise stated in the organiser's course description, the customer is not entitled to select a specific person to carry out 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 does not guarantee a specific outcome. In particular, the organiser does not guarantee that the customer will achieve a specific learning outcome or that the customer will achieve a specific 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 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 German 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) Right of Cancellation for Consumers

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

5) Prices and Terms of Payment

5.1 Unless otherwise stated in the organiser's offer, the prices quoted are total prices that include statutory VAT.

5.2 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.

5.3 The customer will be informed of the payment options on the organiser's website.

5.4 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.

5.5 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.

5.6 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.

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 organiser's consent.

6.2 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.

7) Falling Below the Minimum Number of Participants

7.1 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.

7.2 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.

7.3 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.

7.4 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.

8) Change or Cancellation of the Event

8.1 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.

8.2 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.

8.3 The customer must assert the rights in accordance with the above paragraph immediately after informing the organiser of the change in performance.

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 instructor, against full reimbursement of any participation fee already paid. The organiser will endeavour to find an alternative date if the event is cancelled.

9) 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

10) Teaching Material

10.1 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.

10.2 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.

10.3 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.

11) 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:

11.1 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.

11.2 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 clause. Essential 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 on the observance of which the customer may regularly rely on.

11.3 Any further liability of the organiser is excluded.

11.4 The above liability provisions also apply with regard to the organiser's liability for its vicarious agents and legal representatives.

12) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

13) Place of Jurisdiction

f 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. If the customer is domiciled outside the territory of the Federal Republic of Germany, the organiser's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the organiser is in any case entitled to appeal to the court at the customer's place of business.

14) Alternative Dispute Resolution

14.1 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 in which a consumer is involved.

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

Copyright notice: These GTC were created by the specialist lawyers of IT-Recht Kanzlei under the DOC-ID: ##ITK-e22b11751196f72478e9caf03e4e338e## and are protected by copyright (https://www.it-recht-kanzlei.de)

Status: 05/03, 2025